1. General
a. The Agreement herein is made between you and “Harlan Wolff”, the owner of the site: www.Wolffscore.com, and it settles the terms and conditions under which you may receive the right to download works of music included in the site and use them.
b. You hereby declare and confirm that: (1) you have read the Agreement herein, understood the stated therein and you hereby agree to engage in it; (2) your age does not limit you from lawfully engaging in the Agreement herein and there exists no other legal prevention for your engagement in the Agreement herein; (3) you are authorized to engage in the Agreement herein for yourself, personally, or for the corporation the details of which were specified upon purchase of the membership.
c. You hereby declare and confirm that Harlan Wolff (Owner and creator of “WolffScore”) is the owner of all the music in the site’s repertoire and retains all rights to the Music, including all intellectual property rights and all copyrights, and that you do not and will not have any rights whatsoever in the Works, exclusive of the right of use as specified in the Licensing Agreement herein.
2. opening an account
a. In order to use the Site’s (WolffScore) services and obtain a licensing for using the Works as specified in the Agreement herein, you are required to open an account in the Site, provide accurate and complete details, and pay for a membership. It is forbidden to provide a nonexistent email address or an email address which does not belong to you, to impersonate to another person, entity, or body, or to mislead in any other way regarding your identity or the details surrounding payment method. The License Agreement herein will come into inception upon successful payment.
b. You are required to protect the confidentiality and safety of the account details (username and password), and you will bear full and exclusive liability for all activities in your account.
c. You must inform the Site immediately of any unauthorized use of your account.
3. License to use
a. Use of the Site and music library is subject to the terms of use in the Agreement herein and as such may be changed or altered intermittently and from time to time at the discretion of WolffScore and Harlan Wolff.
b. Upon successful completion of subscription purchase and subject to fulfillment of all your undertakings according to the Agreement herein you are hereby granted a nonexclusive license to download musical works included in the Site’s (WolffScore) Library and to use them for integrating and/or synchronizing them in all existing forms of audio or visual media, digital or otherwise. Please contact Support@wolffscore.com with any usage questions.
c. The License includes the right to present and/or play in public and/or distribute the integrated music works in all existing forms of media. This includes but is not limited to: Smart phones, tablets, personal computers, internet sites, in social networks, in online stores (iTunes, Amazon, Etc.), in video sharing sites (YouTube, Vimeo, Etc.), on television and in any other known means, and inclusive of physical DVDs/CDs/Blu-Ray or any other data storage device.
d. The License gives you the right to make reasonable use of the Site and the musical works within it and does not limit the number of projects in which you are entitled to utilize the music library if you have an active membership. Downloading contents from the Site by any automatic means such as Arbitrage Bots, AI, Software or any other technical means will not be considered a reasonable use and such use is prohibited under these licensing terms and conditions.
e. The License is personal and nontransferable. Licensee is the individual whose name is specified in the License purchase form. If the user is a legal entity which is not a private individual, its name will be specified in the License purchase form, and it will be the Licensee.
f. The License to Use is nonexclusive and all Musical works included in the Site, inclusive of Music you may or may not use, will be available for the use of other licensees.
g. Wolffscore.com and owner of the music within (Harlan A Wolff) retains entitlement to add/remove Works of music from the music library at any time at their discretion, and you will bear no claim or demand in this regard.
h. Wolffscore.com and owner of the music library Harlan A Wolff retains the right to License music from the library to any third party at their discretion.
i. The License to Use is valid in perpetuity if the Works have been downloaded with an active membership. The membership grants access to the Works for one month or one year, depending on subscription, and is automatically renewed every month/year unless you (the Licensee) cancels. Responsibility for cancelling the subscription is yours and you are required to take the necessary actions in order to cancel your automatic-recurring subscription payment.
j. You are entitled to cancel the membership at any time, but monies paid for the subscription (either monthly or annual) are non-refundable. The site allows for full preview of the entire music library, so it is up you, the Licensee, to do your due diligence when committing to a membership.
Upon cancelation of a subscription and at the end of the corresponding month or year for which you have subscribed, you will be absolutely forbidden from making any use of any of the Works you downloaded from the Site. Such use will be considered a violation of the License and a violation of copyrights as is forbidden. Upon termination of the membership for any reason whatsoever the Agreement and the License to Use granted by its virtue will also be terminated. Expiration/cancellation of the membership does not prohibit the continuation and use the music you downloaded AND integrated into projects during the time the License was valid.
4. Limitations of use
a. The following are forbidden actions regarding the music library: Selling, transferring sharing, granting licensure to others, newly recording original works, playing/presenting in public- live or otherwise, distributing for consideration or no consideration. By agreeing to these terms, you will not use any of the music as separate files, present the music as separate files, or make available to download as a separate file in any manner whatsoever.
b. You hereby agree not to use any of the works from the music library by themselves, but only to integrate or synchronize them as part of the Projects aforementioned. In any engagement with third parties regarding Projects, you hereby assume liability of the third parties not to use the contents of the music library by themselves and to act to the best of your ability to protect the Works from being copied or used by themselves.
c. You hereby undertake not to use the contents of the music library in any manner to provide service which competes with the Site, including but not limited to the following:
A music library, a music collection, a music database, etc. In addition, you hereby agree not to store and/or share and/or upload the Works as an independent file to any internet sites and/or to enable access to them by any third parties, including but not limited to the following: File sharing sites or social networks (such as YouTube, Facebook, Twitter and so on).
d. You hereby confirm that it is known to you that the License granted to you according to the Agreement herein is nontransferable and it is not possible to grant sub-licenses by its virtue.
e. You hereby undertake not to claim ownership of any of the works included in the music library.
5. forbidden uses
a. It is forbidden to use the works of the music library in any manner which may be damaging to Wolffscore.com, The owner and creator of the music, and their reputations. This is also inclusive of third parties, in any manner which violates the rights of those third parties.
b. It is forbidden to use any music from the library, inclusive of as part of Projects, in context of violence, or encouragement/promotion of violence, pornography and abomination, racism, hate and discrimination against any person or based on race, religion, sex, sexual orientation, community or nationality, threats, hurting the helpless, violating privacy, slander and any other insulting contents. The Site and the owner/creator of the music reserve full rights to determine at their discretion whether usage of music constitutes a violation of this agreement, and you hereby undertake to accept the Site’s decision in this matter.
c. It is forbidden to use the music library and its contents in any manner contrary to court orders and/or which was forbidden by the provisions of any law.
d. It is forbidden to use the Woffscore.com or the Music Library in a manner which might block, damage, cause an overload, harm the Site, harm the communication networks and/or any communication equipment, or to interrupt any other entity’s use of the Site. You are not entitled to try and obtain unauthorized access to the Site, the contents, other people’s accounts or computer systems or to networks connected to the Site by any means whatsoever under any circumstances.
e. It is known to you that Wolffscore.com or the Owner of the works might demand that you immediately cease using any of the music library in case the Site receives a notice according to which the Work might be violating any third-party rights. If you receive such a notification, you hereby agree to cease use of all contents of Wolffscore.com and to take all the actions required in order to make anyone on your behalf cease the use mentioned.
6. Exemption from liability
a. The Content, Music and services provided in the Site are provided for use as-is and you will bear no argument, claim, or demand toward the Site (WolffScore) or its owner (Harlan A Wolff) for their suitability for your needs or for their properties.
b. The Site does not warrant or guarantee that the Site’s services will not be interrupted or that they will be immune to damage, malfunctions, defects or failures. This includes but is not limited to: Hardware, software, communication systems, internet service providers, and plug-ins, etc. This is inclusive of the Website itself, as well as any of its service providers.
c. The owner of the music (Harlan A Wolff) and the Website (WolffScore) will bear no liability in case any elements of the Music Library are not available in the Site, for any reason whatsoever, during the term of the Membership agreement.
d. Neither Wolffscore.com or Harlan A Wolff will bear any liability in any manner to the use of any other additional contents which you integrate into your Projects, and you will solely bear full and exclusive liability for using them.
e. Wolffscore.com reserves the right to remove and/or add contents to the Music Library at any time at its exclusive discretion, and you will bear no claims or arguments in this regard.
1. f. Wolffscore.com and Harlan A Wolff will bear no liability for any damage direct or indirect, monetary or otherwise which you (Licensee) might incur as a result of all or any of the following: (1) Changes Wolffscore.com may make to the Services; (2) Discontinuing or ceasing-temporarily or permanently- the provision of the Services; (3) Adding, altering, or removing the nature of the services offered by Wolffscore.com; (4) altering, changing, adding or removing any contents from Wolffscore.com and/or Music from the Library, inclusive of its entirety.
7. intellectual property rights
a. All Contents and Works included in Wolffscore.com, inclusive of music, artwork, text, illustrations, graphics, sound, photography, and software applications/plug-ins are protected by copyrights and intellectual property rights of Wolffscore.com or of other suppliers.
b. The Agreement herein grants you an authorization to use the Site Wolffscore.com and its Music Library in accordance with the provisions of the Agreement herein only and is conditioned by your undertaking not to make or be involved in the making of any activities which breach the Agreement herein, and specifically in activities which cause the violation of intellectual property rights and/or deviation from the provisions of the License.
c. You are forbidden from using the Site name Wolffscore.com and trademarks and logos which are in the Site.
d. You hereby declare and confirm that you do not and will not have any ownership and/or intellectual property rights in the recordings and/or the Works and/or the contents of the Site and/or the Site’s trademarks and its design, and that your right is restricted to the limited Right of Use granted to you in the Agreement herein.
8. Site’s rights in case of a violation on your behalf
a. You hereby agree that any unauthorized use of Wolffscore.com and its contents by you and/or by anyone on your behalf in a manner deviating from the conditions of the License herein, constitute a breach of the Agreement as well as a violation of the copyright laws, and Wolffscore.com and anyone on its behalf have the full right to exercise all rights and remedies available to it by law in such case. To the extent the violation is done by a person other than you but who is under your control, then you are required to take any possible action to immediately cease the violation.
b. The Site will be entitled, at its exclusive discretion and without any prior notice, to block your access to the Site, temporarily or permanently, in case you violate the law or any of the Site’s terms of use, or if there exists any other interruption to the Site’s regular activity, and you will bear no claim or demand in this regard.
c. Without derogating from the, to the extent you breach the Agreement herein, the Site will be entitled to disclose your name and details known to it about you in any legal proceeding, even without the awarding or a judicial order so instructing. You hereby undertake to indemnify the Site and anyone on its behalf for any argument, claim, damage, loss, loss of profit, payment or expense
it may incur (inclusive of lawyer’s fee and legal expenses) due to your breach of the provisions of the Agreement.
d. The Site reserves the right to disclose personal information about you or about your use of the Site inclusive of the content used without obtaining your permission, if such as act is essential in order to: (1) obey legal requirements or comply with orders issued in a legal proceeding or by a competent authority by any law; (2) enforce the Agreement herein.
9. nature of engagement
a. You hereby confirm and declare that the engagement between you and the Site is an engagement
between the provider of a license and a licensee and the parties are not bound in any employee- employer relations and/or in any partnership relations.
b. You will not be able to cancel the engagement in the Agreement herein and as from the moment of engagement you will not be entitled to any refund whatsoever, unless in accordance with the Site’s exclusive discretion.
c. The Site has the right to change the conditions of the Agreement herein at any time at its exclusive discretion. Upon making the changes, the new agreement will be published within Wolffscore.com and a notice will be sent to you. If you do not agree to the changes in the Agreement, you must cease using the Site and downloading any music, for otherwise you’re continuing the use of the Site and downloading music will be considered as accepting the changes mentioned and they will apply to you in their entirety.
d. The Site is entitled to assign and/or transfer and/or deliver its rights and/or its undertakings according to the Agreement herein, in whole or in part, to third parties as it may see fit and at its exclusive discretion, and any transferee as mentioned will be entitled to make a transfer as mentioned to third parties as it may see fit without having to obtain your consent.
e. Upon termination of the Agreement for any cause whatsoever, the License to Use granted to you by its virtue will expire and you hereby undertake to immediately cease downloading Works and using them.
f. The Agreement herein forms and summarizes all the provisions agreed between the parties with all that relates thereto and any agreement and/or undertaking and/or declaration not specifically included in the Agreement herein will not be valid. You hereby waive in advance any claim according to which the Agreement was changed and/or amended and/or canceled by conduct or by any correspondence between you and the Company or anyone on its behalf.
g. You hereby undertake to indemnify the Company for any damage and/or expense it may incur consequent upon any use a Licensee may do of a recording in a manner contradicting the provisions of the Agreement herein.
h. You bear responsibility for payment of all taxes and expenses applying to your consequent upon the Agreement herein, to the extent such may apply.
i. If and to the extent any provision of the Agreement herein is decided by court to be illegal or unenforceable, it will not be such as to derogate from the validity of the other provisions of the Agreement herein.
j. You hereby agree that the Site will be able to send you email notices referring to the Site’s Services and email messages in various subjects, inclusive of regarding benefits to members of the Site. The Agreement herein complements the Site’s terms of use and is not such as to derogate therefrom. In case of any discrepancy between the Agreement herein and the terms of use in the Site, the provisions of the Agreement herein will prevail.
k. Notices according to the Agreement herein will be given in writing and delivered by hand or be sent by email according to the email address you specified in the registration form. Any delivery of a notice by email as stated in the article herein will be considered a lawful delivery.
