Last updated: Nov 15, 2018

Thank you for using Midinote! This Terms of Service (the "Terms") constitutes a contract between Midinote ("we", "our" or "us") and you ("user" or "your"). The Terms describes the rights and responsibilities that apply to your use of Midinote websites and services (collectively, the "Service").

Please read the Terms carefully before using the Service. By using the Service, you acknowledge that you have read, understood, and agree with all provisions of the Terms and Midinote Privacy Policy (the "Privacy Policy"). If you don't agree to the Terms and the Privacy Policy you may not use the Service.

Your Midinote Account

If you create an account on the Service (your "Account"), you retain ultimate administrative control over your Account and the Content within it.

You are responsible for maintaining the security of your Account and its content. We cannot and will not be liable for any loss or damage from your failure to provide us with accurate information or to keep your Account Information secure. And you are fully responsible for all activities that occur under your Account and any other actions taken on the Service. You should immediately change your password and notify Midinote of any unauthorized uses of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

Rules of Conduct and Usage

Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms.

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

Termination

Midinote may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your Account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Your use of the Service and all Content forming part of or related to the Service, including any Content you upload or submit and any third party software and Content, are at your sole responsibility and risk. The Service are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Midinote does not warrant that: the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

• your use or inability to use the Service;
• any modification, price change, suspension or discontinuance of the Service;
• unauthorized access to or alterations of your transmissions or data;
• any other matter relating to the Service.

Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify us, defend us, and hold us harmless from and against any loss, liability, claim, demand, damages, and expenses, including legal and other professional fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement. As used in this section, "you" shall include anyone accessing the Service using your password.

Changes to The Terms

We reserve the right, at our sole discretion, to amend this Terms of Service at any time and will update the Terms in the event of any such amendments. We will notify our Users of material changes to this Agreement at least 30 days prior to the change taking effect by posting a notice on our home page. Your continued use of the Service constitutes agreement to our revisions of the Terms.

Miscellaneous

Governing law

This Agreement shall be governed by and construed in accordance with the laws of the People's Republic of China. The courts of the People's Republic of China shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

Force majeure event

We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of we, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as war, riots, fire, floods, natural disaster, extreme weather, criminal activity, accident act of government or terrorism, embargoes, network infrastructure failures, strikes, disruptions in communications including wireless and telecommunication, or any other disruption to our abilities to provide our services to the extent that the disruption is beyond our control.

Section headings and summaries

The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.

Severability

If any portion of these terms is deemed to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of you and us, and the remainder of these terms will continue in full force and effect.

Modification, Waiver

No modification of or amendment to these terms, nor any waiver of any rights under these terms, will be effective unless expressly agreed upon by us. Waiver by us of a breach of any provision of these terms will not operate as a waiver of any other or subsequent breach.

Entire agreement

This Agreement constitutes the entire agreement and understanding between you and us with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the you and us.

Questions

If you have any questions about these Terms, please contact support@midinote.me.