Effective: January 15st, 2019
MAPSOFT JSC ("we", "us" or "our") is a company registered in Belarus, company's TAX number 690023265 with legal address: ag. Lesnoj, building 41, office 190a, room 5, Minsk district, Minsk region, Belarus, 223040. In case you need to get in touch with us please see OUR CONTACT Section below.
These terms of use ("Terms of Use") constitute an agreement between you and us regarding the basis on which you are allowed to access and use our software applications ("Apps") downloaded from the Apple App Store, including any updates / upgrades provided by Us. Please read these Terms of Use carefully! By downloading and/or installing and using our Apps in any way, you agree to and are hereby bound by these Terms of Use. If you do not agree to all of the terms and conditions of these Terms of Use, do not download or install, or remove the installation of the App in any manner. We reserve the right to update these Terms of Use at any time without the requirement of any notice to you.
Our Apps are intended for general audiences. TO USE THE APPS, YOU MUST BE AT LEAST 13 YEARS OF AGE OR SUCH OLDER AGE AS PRESCRIBED BY THE LAW OF THE PLACE WHERE YOU LIVE. IF YOU ARE UNDER 13 YEARS OF AGE, OR UNDER ANY HIGHER AGE OF CONSENT PRESCRIBED BY YOUR LOCAL LAW, THEN YOU MUST NOT USE OR ACCESS THE APPS AT ANY TIME OR IN ANY MANNER. By accepting the Terms of Use you represent and warrant that (1) you are at least 13 years old if you reside in the United States, are at least 16 years old if you reside in the European Economic Area, or are such older age as prescribed by the law of the place where you live; (2) that you have a parent or legal guardian's consent to these Terms of Use or are eligible to form a binding contract with Us; (3) you will comply with these Terms of Use and (4) your use of our Apps does not violate applicable law.
After accepting the Terms of Use you may: (a) download / install our Apps onto a device and use them for your personal purposes only. You may not otherwise transfer our Apps to anyone else for any reason. If you sell or give away any device on which our Apps are installed, you must remove our Apps from the device first; (b) use any related documentation provided by Us to support you to use our Apps; (c) receive updates to the software code of our Apps including updates and corrections of errors as we may provide to you.
You should understand that charges from your mobile network provider, including roaming where applicable, may be charged by your Mobile Provider for access to network connection services while accessing our Apps. You will be solely responsible for any costs and other charges or expenses charged by your Mobile Provider, internet service provider and/or any other third party provider in relation to your internet mobile service including the downloading of any available content. If you are not the bill payer for the device being used to access our Apps, you will be assumed to have obtained permission from the relevant bill payer for downloading and using our Apps. If you download our Apps onto any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms of Use, whether or not you own the device.
Unless you have requested and received our approval in written form you must not: (a) copy our Apps except as part of the normal use; (b) do anything that may cause damage to our Apps; (c) do any illegal activities using our Apps (d) use our Apps to imitate them and / or design similar applications; use content, incorporated into our Apps, to create similar ones or use for any commercial purposes (e) distribute, sub-license, share, sell, rent, lease or otherwise transfer our Apps or your right to use our Apps; (f) modify, block, disable or damage any copyright, trademark, or other proprietary notices, material or advertising belonging to us, our licensors or other third parties contained within our Apps; (g) incorporate our Apps into another service or website or make it available via framing or mirrors; (i) use any content from our Apps (the music, images, logos, photographs and video that are incorporated into and form part of our Apps, including screenprinting) independently outside the App and its normal usage.
In any case you can not use our Apps in case: (i) You are located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are listed on any U.S. Government list of prohibited or restricted parties.
All intellectual property rights in our Apps and their content and related documentation throughout the world belong to us and our licensors. You are provided with a license to use the Apps but the rights on the Apps are not sold to you. You have no intellectual property rights in, or to our Apps other than the right to use them in accordance with these Terms of Use. In the event of any third party claim that the Apps or the End-User's possession and use of that App infringes that third party's intellectual property rights, we as a company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Once you have installed our Apps you can use it for free with limited access to the content. In case you prefer full access with no ads, including access to Premium content, you can buy one of our subscriptions. Subscriptions may be available on a weekly, monthly, bi-monthly, tri-monthly, semi-annual and annual auto-renewable basis, or you can get lifetime access to all features. Further details of each type of subscription and its cost are detailed on the App. You should allow us the right to offer you our Subscriptions in our Apps during your sessions. Somу App сontent may be made available via in-app purchasing. All transactions between you and us are handled via the Apple App Store.
You acknowledge and agree that we may place in our Apps on our discretion advertising, promotions or sponsored content. You acknowledge that we may not always identify advertising, promotions and sponsored content and the manner, mode and extent of such advertising, promotions and sponsored content is subject to change without notice to you. We may at our sole discretion provide the ability to pay to remove advertisements via the settings menu within our Apps.
You acknowledge that our Apps may contain links to third party that are not owned or controlled by us. Such links (provided through ads or others) are provided for your reference only and we do not accept responsibility for the availability, suitability, reliability or content of such third party websites. However, when using third party's link and/or content via our Apps you must comply with applicable third party's terms of use.
You and Us agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against the End-User as a third party beneficiary thereof.
If you need support or any assistance, or would like to complain or put a claim, please contact us using the contact information provided below. If you think our Apps is faulty or misdescribed please contact us. If we have to contact you, we will do so by email, using the contact details you have provided to us.
We as a Company are responsible for all claims relating to the Apps including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
Our Apps are owned, operated and managed by MAPSOFT JSC, all Copyrights belongs to MAPSOFT JSC.
We can be contacted in written form at our postal address:
MAPSOFT JSC, 95 Nezavisimosti av., premises 6, office 303, Minsk, Belarus, 220043
or
by e-mail at: support@pianoband.club.
MAPSOFT JSC is solely responsible for providing any maintenance and support services with respect to the Terms of Use.
We respects the privacy of others and expect the same from our Partners and Users. If you decide to use our Apps under current Terms of Use you should also read and accept our Privacy Policy.
This Terms of Use is concluded between you and Us (MAPSOFT JSC) solely not affecting other Party's. However, the ways in which you can use our Apps may also be governed by the terms of the Apple App Store that you downloaded our Apps from. In the event of a conflict between these Terms of Use and the terms of the Apple App Store, the terms of Apple App Store from which you downloaded our Apps shall take priority. In any case, liability under the Terms of Use may not limit beyond what is permitted by applicable law.
THE APPS ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAPSOFT JSC EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. MAPSOFT MAKES NO WARRANTY THAT THE APPS WILL MEET YOUR EXPECTATIONS, OR THAT DATA AND CONTENT OBTAINED THROUGH THE APPS WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE APPS WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HOWEVER, IN THE EVENT OF ANY FAILURE OF OUR APPS TO CONFORM TO TERMS OF USE AND/OR ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APPS TO YOU; AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPS. ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE MAPSOFT SOLE RESPONSIBILITY RESPECTING TERMS OF USE. YOU ACKNOWLEDGE AND AGREE THAT USE OF OUR APPS IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE APPS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR ANY OTHER DEVICE USED TO ACCESS THE APPS, OR DATA STORED ON SUCH DEVICE, IS SOLELY YOURS.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL MAPSOFT JSC (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF MAPSOFT JSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MAPSOFT'S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO MAPSOFT FOR USE OF THE APPS, EVEN IF MAPSOFT HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT MAPSOFT MAY CHANGE THE APPS IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.
You agree to defend, indemnify and hold harmless MAPSOFT JSC, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable legal fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submission caused damage to a third party. This defense and indemnification obligation will survive the expiration of your use of the Website or Application.
MAPSOFT may terminate your access to all or any part of the Apps at any time, with or without cause, or with or without notice, effective immediately, such termination may result in the destruction of all information and data associated stored at your device within the Apps. If you wish to terminate usage of the Apps under current Terms of Use, you may do so by deleting the App from your device and by cancelling at the same time your Subscriptions if any in your device settings.
This Section does not apply if you reside in the European Economic Area or in another jurisdiction which prohibits mandatory arbitration clauses in consumer contracts. However, in the interest of resolving disputes between you and Us in the most expedient and cost effective manner, you and Us agree that any dispute arising out of or in any way related to these Terms of Use or your use of our Apps will be resolved by binding arbitration respecting the NOTICE PROCESS as written below.
Your use of our Apps and these Terms of Use shall be governed in all respects by the laws of Belarus, without giving effect to its conflict of laws provisions. You agree that any action brought against MAPSOFT arising out of or relating to the Apps or these Terms of Use may be brought exclusively before the competent courts in Belarus. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party in written form by mail. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Us may commence an arbitration proceeding.
These Terms of Use and any other legal notices published by MAPSOFT on the Apps shall constitute the entire agreement between you and MAPSOFT concerning the Apps. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MAPSOFT's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.