Definitions and General Conditions
Throughout these Terms and Conditions:
1. ‘Klineberg’/’we’ shall mean Klineberg Creative Data Solutions, as Software developer and vendor whose registered office is at 32 Bloomsbury Street, London WC1B 2QJ.
2. The term ‘Client’/’you’ in the appropriate context shall mean the professional working in music publishing.
3. The term ‘Services’ and/or ’Website’ used interchangeably includes the website facilitating the use of K-OMS and associated software packages.
Availability Of The Services
Klineberg does not guarantee the availability of the Services/Website in any way and accepts no liability to the client whatsoever for any deficiency, total or minor, in the functionality of the website and reserves the right for any reason and at its sole discretion to terminate, change, suspend or discontinue any aspect of the Services including without limitation the content.
You agree to indemnify Klineberg from and against all costs, claims, demands, proceedings and damages including its own reasonable legal costs which are incurred by it howsoever arising in respect of any breach by you of these Terms and Conditions and from and against any claim or demand brought against Klineberg by any third party arising out of your use of the Services.
Disclaimers and Limitation of Liability
To the extent permitted by law Klineberg will not be responsible or liable for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by you arising out of or in connection with the use of the Services. Use by you of the Services is at your own risk. The Services are provided on an "as is" and "as available" basis without any representation or warranty of any kind whether express or implied including but not limited to any warranty as to content and accuracy of information, usefulness, title, non-infringement, fitness for a particular purpose or that the Services will meet your requirements. Further, no warranty is given by Klineberg that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. If you are dissatisfied with the Services your sole remedy is to cease using them. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Klineberg for death or personal injury as a result of the negligence of Klineberg.
These Terms and Conditions shall be construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.
Conditions of use for Clients
On registering as a Client for Klineberg’s Services, you must accept and undertake to continue to abide by and not use the Services in any way that contravenes these terms and conditions and disclaimers, which may be subject to future updates and amendments by Klineberg without further notice other than a change of revision number and date. Your continued use of the Services following any such changes shall be treated as acceptance by you of such changes.
Klineberg reserves the right for any reason in its sole discretion to terminate, change, suspend or discontinue any aspect of the Services including without limitation the content. If you are unsure about any aspect of Klineberg’s Services, you must seek further clarification by emailing firstname.lastname@example.org before proceeding with your registration.
Client ID Password and Security
The ability to operate the Services is dependent upon your registration as a Client. To complete the registration process you will need to provide certain information and register a Client name and password for use with the Services. You are responsible for maintaining the confidentiality of your Client name and password and also for all activities which take place when your Client name and password are used to log in to the Services. You agree to notify us immediately when you become aware of any unauthorised use of your Client name and password or any other breach of security. In no event will Klineberg be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your Client name and/or password. From time to time Klineberg will email Clients with various updates and useful information, by signing up to Klineberg you agree to accept these emails. You can opt out of this service at any time by simply unsubscribing from the mailing list.
You agree that you will only use the Services in accordance with the purposes described and you warrant that you will not use the Services in any way which infringes the copyright, trademark, patent or other proprietary right of any party including but not limited to Klineberg as a software developer and vendor of K-OMS and associated software and not to copy, disassemble, alter, amend, adapt, or in any way duplicate the Service in any way.
Klineberg shall have the right to terminate your access as a registered Client of the Services without notice at any time, for any reason, including without limitation the breach by you of any of these Terms and Conditions. You agree that Klineberg shall not be liable to you or any third party for any termination of your access to the Services including the suspension or discontinuance of the Services.
Intellectual Property Rights
All copyright and other intellectual property rights in all text, images, artwork, software and other content in the Services are owned by Klineberg. You may only use the Services for the purposes of music publishing. Images, trademarks and brands used in the Services are protected by copyright, trademark and other intellectual roperty laws and may not be reproduced or appropriated in any manner without prior written permission of their respective owner.