Terms of Use

Welcome to SessionList! These Terms of Use (“Agreement”) constitute a legal agreement between you and Melvix Creative Industries, LLC, a New Mexico company (Melvix). By accessing the SessionList website, currently located at www.sessionlist.com (the “Site”), or using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms of this Agreement, as amended by Melvix. We may update this Agreement and we may notify you of the change by email, by posting on the Site, or by updating the date posted below. Throughout this Agreement, the words “Melvix,” “us,” “we,” and “our”, shall refer to our company Melvix Creative Industries, LLC.

If you are an individual entering into this Agreement “you” refers to you the individual. If you are entering into this Agreement on behalf of an organization or company you represent and warrant that you have the authority to bind the organization or company to this Agreement, in this instance, “you” shall refer to the organization or company.

The Site offers a number of “Service(s)”, including: a service for users to create, maintain and distribute information about traditional music sessions (“Session Service”) and a service for users to create PDF files from ABC text music notation (“ABC to PDF Service”). Melvix may offer additional services and revise any of the Services offered or the Site as needed.

If you do not agree to the Terms of Service or the Privacy Policy please stop using our Site and Service immediately. As the need arises, Melvix may make changes to the Terms of Use, you must agree to any such changes before continuing to use our Site or Service.

What this means: You are entering into an Agreement with Melvix that governs your use of our Site and any Services offered. We may make changes to this Agreement from time to time; please check back when you get a chance.

1. Eligibility

  1. Minimum Age. You must be at least 13 years old to use this Site, and at least 18 years old to register for the Services.

What this means: You must be at least 13 years old.

2. Use of Site and Services

When using our Site and Service, we have a couple of rules you’ll need to follow, you agree that:

  1. Information Submitted. You are solely responsible for, and assume all liability regarding (a) the information and content you contribute to the Site and/or Services and (b) your interactions with other users through the Site and/or Services.

  2. Risk Assumption and Precautions. You assume all risk when using the Site or Services, including but not limited to risks associated with any online and offline interactions with others.

  3. Reporting of Violations. You will promptly report to Melvix any violation of the Agreement by others.

  4. Third Party Content. Content available on the Site or as part of the Services may be supplied by other users of the Site and/or Services and by other third parties. Any content, services, offers, or other information expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Melvix. Melvix does not endorse or assume any responsibility for the accuracy or reliability of any content, opinion, advice, information, or statement made on the Site or as part of the Services.

  5. Content Removal. Melvix reserves the right, but has no obligation, to monitor, modify, or remove the information or content you submit to the Site and/or Services.

  6. Restrictions. You will not use the Site and/or Services in a manner that:

    1. violates or infringes the rights of Melvix, other users, or any other party, including patent, trademark, trade secret, copyright, or other intellectual property rights, privacy rights, or publicity rights;

    2. promotes racism, bigotry, hatred, or harm of any kind against any group or individual;

    3. is intended to, may, or does harass, annoy, threaten, harm, or intimidate any other users of the Site or Services;

    4. reproduces, duplicates, copies, sells, resells, or exploits any portion of the Site or Services;

    5. is defamatory, inaccurate, abusive, obscene, profane, offensive, tortuous, or otherwise objectionable;

    6. violates any local, state, national, or international law or regulation;

    7. promotes illegal or unlawful activities;

    8. may defraud or deceive others;

    9. collects, stores, or disseminates personal information about any other user or third party without his/her permission;

    10. uses scripts, bots, or other automated technology to access the Site and/or Services;

    11. interferes with or disrupts the Site and/or Services or servers, computers, or networks connected to the Site and/or Services;

    12. uses the Site and/or Services for chain letter, junk mail, or spam email; or

    13. frames the Site, places pop-up windows over the Site, or affects the display of its pages without Melvix’s prior written consent.

  7. No False Information. You will not provide inaccurate or false information to Melvix, any user, or others.

  8. Registration and Profile. You may be required to register and maintain a profile in connection with your use of the Site and/or Services. You agree to submit accurate and truthful information during registration and maintain the accuracy of such information. You may be required to create a username and password. You’re solely responsible for keeping your password safe and for any activity that occurs using your account username or profile. Let us know immediately if your password is stolen.

  9. No Advertising or Commercial Solicitation. You agree not to advertise or solicit any user to buy or sell any products or services through the Site and/or Services without Melvix prior written consent. You agree not to use any information obtained from the Site and/or Services in order to contact, advertise to, solicit, make offers to, or sell to any user without their prior explicit consent.

  10. Privacy. You have read, understood, and consented to our Privacy Policy, and by using the Site and/or Services agree to abide by the Privacy Policy.

What this means: There are a number of rules you must follow while using our Site and Service.

3. License to Posted Content

Any posted information will be owned by you. However, by posting information or content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Melvix, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

What this means: Any information you submit to us is owned by you, but you give us a license to use that information.

4. Third Parties

Our Site and Service may have links to third party websites. Generally, most third party websites are safe; however, we do not edit, endorse, screen, monitor or control these websites. Please exercise caution when visiting a third party site.

What this means: Third party links may be accessible through our Site, please use caution when visiting any third party sites.

5. Indemnity

You agree to defend, indemnify and hold harmless Melvix, its parent corporation, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  1. your use of and access to the Site or Service;

  2. your violation of any term of these Terms of Service;

  3. any claim that your actions or actions using your account harmed a third party.

You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

What this means: You agree to indemnify us for your use of the Site and Service and for any claims that your actions harmed a third party.

6. Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF MELVIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

THE SITE AND SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT THERE ARE RISKS IN USING THE SITE OR SERVICES AND YOUR USE OF THE SITE OR SERVICES IS SOLELY AT YOUR OWN DISCRETION AND RISK.

MELVIX AND ITS AFFILIATES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF OTHERS. ACCORDINGLY, MELVIX AND ITS AFFILIATES ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS.

MELVIX AND ITS AFFILIATES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, RELIABILITY, OR LEGALITY OF ANY USER-PROVIDED CONTENT OR CONTENT PROVIDED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, SESSION AND SETLIST INFORMATION, TUNE INFORMATION, 3RD PARTY LINKS, AND EMBEDDED VIDEO. ACCORDINGLY, MELVIX IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM RELIANCE ON USER-PROVIDED CONTENT OR CONTENT PROVIDED BY THIRD PARTIES. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL INFORMATION YOU ACCESS OR OBTAIN THROUGH THE SITE AND/OR SERVICES.

MELVIX IS NOT INVOLVED IN ANY RELATIONSHIPS BETWEEN USERS. MELVIX CANNOT GUARANTEE A SUCCESSFUL OR SATISFACTORY OUTCOME OF ANY PROJECT OR ENDEAVOR INITIATED WITH ANOTHER USER. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU AGREE THAT MELVIX IS NOT REQUIRED TO ASSIST YOU IN THE DISPUTE.

MELVIX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MELVIX MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED BY USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE.

YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE AND/OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE AND/OR SERVICES.

MELVIX'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE AND/OR SERVICES OR THIS AGREEMENT ARE LIMITED TO $20.

MELVIX DISCLAIMS ALL LIABILITY FOR, AND YOU HEREBY AGREE THAT MELVIX SHALL NOT BE LIABLE FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (2) LOSS OF OR DAMAGE TO REPUTATION OF YOU OR ANY THIRD PARTY, (3) LOSS OF INFORMATION OR DATA, (4) USE, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, (5) LINK PROVIDED IN CONNECTION WITH THE SITE OR SERVICES, (6) DELETION, MISDELIVERY, FAILURE, OR UNTIMELINESS IN POSTING OR STORING ANY INFORMATION, OR (7) MATTERS OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES.

What this means: Our Site and Service are offered as-is and we limit our liability as much as legally allowed. Please read the whole section as the provisions may affect your rights.

7. Term and Termination

This Agreement becomes effective once you use our Site or register for our Service, and will remain in effect until this Agreement is terminated by us. If you wish to terminate your account send us an email at info@sessionlist.com. However, we reserve the right to remove your account at any time, for any reason.

What this means: This Agreement becomes effective once you begin using our Site or Services.

8. General Terms

  1. The Site and any Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice to you or liability to Melvix. If you object to any modifications, your sole recourse is to stop using the Site or Services. Continued use of the Site or Services following modifications shall indicate your acknowledgement of such modifications and agreement to use the Site and Services as modified.

  2. The Terms of Use and Melvix Privacy Policy contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us regarding the use of the Site. Notwithstanding the foregoing, your use of the Services may be subject to other agreements entered into between you and us. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

  3. Any failure on Melvix part to enforce any provision of the Terms of Use does not constitute a waiver of such provision.

  4. When you visit the Site, or send us emails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

  5. The “What It Means” clarifiers are only intended to help assist in the readability of this Agreement. The “What It Means” provisions are not part of the Agreement, are not intended to clarify or assist in interpreting any provision in this Agreement, and do not impart any binding or contractual obligations or responsibilities to either Party.

Last Updated: May 12, 2017