Geisha Music – Terms of Use
Welcome to GEISHA MUSIC, an early stage beta version for collaborative music making within your favourite browser. The word GEISHA consists of two "kanji": (gei) meaning art and (sha) meaning doer. The most literal translation of geisha into English would be "artist" or "performing artist".
GEISHA MUSIC Soundlab features Flash-based FM synthesis and multisamples to name some highlights, but plenty more features will be added in the future. Saving tracks and samples is free for registered users.
GEISHA MUSIC Software Application was developed to serve as a vehicle to protect, to give recognition and to facilitate cultural diversity by providing fertile soil for online musical collaboration and composing and therefore encouraging over all creativity. The core values of the GEISHA MUSIC Service are creativity, openness and collaboration. While signing in you agree that your content therefore remains in your sole property and responsibility. GEISHA MUSIC does not claim any ownership rights in any content. In the future when it will be possible to make longer songs with our tools, GEISHA MUSIC internet service provider will take a step toward addressing the issues regarding music copyrights by launching GEISHA MUSIC 1.0 in 2012 as pilot project to test copyright processes. If you wish to licence your work at this beta stage according to Creative Commons, it will help you publish your work online while letting others know exactly what they can and can´t do with your work. When you choose a licence, Creative Commons provides you with tools and tutorials that let you add licence information to our own site, or to one of several free hosting services that have incorporated Creative Commons. Choose your licence here: http://creativecommons.org/choose/
GEISHA MUSIC – beta will be open for testing in the end of June 2011. After that we plan to continue developing the platform in tight collaboration with end users. In case of any questions don´t hesitate to contact info@geishamusic.com
1. Description
GEISHA MUSIC Service is about inviting people around the globe to participate in creating new music together online. It is about developing a creative atmosphere that will generate new insights and new musical hybrids. It is about encouraging people to express themselves freely and enjoy their creativity. The GEISHA MUSIC Service can be accessed as a free version.
2. The usage of the Service
The user enters this agreement in full apprehension and agrees to seek law consultation in case of any unclear details.
2.1. When signing in, you agree to these Terms of Use. If GEISHA MUSIC service providers, in their sole discretion, modify these terms of service at any time, any material changes will be posted on the website (www.geishamusic.com) and it is your responsibility to check the website for such new information when accessing the service. The continued use of the GEISHA MUSIC Software Application will constitute an acceptance of such changes. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
2.2. If you do not agree to these Terms of Use, you may not use the GEISHA MUSIC Software Application or the GEISHA MUSIC Service.
2.3. You may compose with free tools without registration, but in order to access some advanced features of the website, you will have to create a GEISHA MUSIC account.
2.4. Utilize Geisha Music multisampler and synthetisizer to create the loop of your life. Follow the tooltips in the Geisha Music Soundlab and enjoy the ride. Feel free to use handmade ingredients from the Geisha Music library or your own imported mp3 sound elements in your creation. Tweak and adjust the elements. In order to save the creation register to Geisha Music and create your artist profile. After saving the track you can easily export the track as wav-file to your desktop and then finish the track with your favourite software. When your loop has turned into a full length masterpiece, licence your track to digital Geisha Music Collection series and sell your music in Beatport, iTunes, Amazon, Digitaltunes.
You are solely responsible for registering and creating a GEISHA MUSIC account and for signing the necessary licencing agreements. When registering, you must give your personal information to the service provider.
3. Responsibility
3.1 You are solely responsible for the activity that occurs on your account and you are responsible for keeping your password and ID secret for your personal use only. The service providers reserve the right to prevent the use of the service at any time in case of misuse of the account or the GEISHA MUSIC Software Application and Service.
3.2 You may never use/enter the account of another user without permission. You must notify GEISHA MUSIC service providers immediately of any breach of security or unauthorized use of your account. Although GEISHA MUSIC service providers will not be liable for any loss caused by unauthorized use of your account, you may be liable for the loss of GEISHA MUSIC Service providers or others due to unauthorized use of the account of another user.
3.3. Breach of these Terms of Use may cause immediate cancellation of this agreement and lead to punishment according to national laws. In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the GEISHA MUSIC Software Application and the GEISHA MUSIC Service and its content.
3.4. You alone are responsible for any misuse of the GEISHA MUSIC Software Application and Service in your account and you shall take responsibility for your own actions. By using the GEISHA MUSIC Software Application and Service you agree that this agreement shall be governed and construed in accordance with the laws of Finland.
3.5. You have no right to use any material that is protected by copyright, or to breach any agreements of a third party.
4. Appropriate use of the Software and Service
4.1. You shall be solely responsible for your own user actions and the consequences of posting or publishing them within the GEISHA MUSIC Service.
In connection with user submissions, you affirm, represent, and/or warrant that you: own or hold the necessary licenses, rights, consents, and permissions to use and to authorize GEISHA MUSIC service providers to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all user submissions to enable inclusion and use of the user submissions in the manner contemplated by the GEISHA MUSIC website and these Terms of Use.
User submission refers to files uploaded by users to the GEISHA MUSIC Software Application for legitimate collaborative purposes, and files uploaded by users to Profiles. GEISHA MUSIC Internet service provider does not claim any ownership rights to user submissions.
4.2. You agree that you may not (without limitation): copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the GEISHA MUSIC Software Application or the GEISHA MUSIC Service or its content (unauthorized use of music, sonic clips, sound art, images and text) in a manner not expressly permitted under these Terms of Use; reverse-engineer, decompile, disassemble, modify or create derivative works based on the GEISHA MUSIC Software Application or the GEISHA MUSIC Service or any part thereof; circumvent any technology used by GEISHA MUSIC service providers or its licensors to protect content accessible through the GEISHA MUSIC Software Application and GEISHA MUSIC Service; rent or lease any part of the GEISHA MUSIC Software Application or the GEISHA MUSIC Service.
5. Intellectual property
5.1. GEISHA MUSIC Service provider own all copyright to the GEISHA MUSIC Service.
5.2. GEISHA MUSIC service providers respect intellectual property rights and expect you to do the same. The GEISHA MUSIC Software Application, the GEISHA MUSIC Service and the content provided through GEISHA MUSIC are the property of GEISHA MUSIC service providers or the licensors of GEISHA MUSIC and is protected by intellectual property rights (including but not limited to copyright) and you do not have a right to use the GEISHA MUSIC Software Application or the GEISHA MUSIC Service (including but not limited to its content) in any manner not covered by these Terms of Use.
5.3. GEISHA MUSIC service providers respect copyright for sound compositions and expect you to do the same. All users must comply with copyright laws and regulations and must not infringe the rights of others.
5.4. GEISHA MUSIC service providers are providing you an Internet service, but are not responsible for protecting or enforcing the copyright or other intellectual property rights of any GEISHA MUSIC user. If you are a member of your country´s copyright society it is solely your responsibility to follow the rules and regulations set forth in your client agreement signed with copyright societies when working on a musical project whether alone or with your friends. In case of any further questions please contact info@geishamusic.com or contact your local copyright society for further assistance.
5.5. As a user of GEISHA MUSIC Software Application or Service, you grant GEISHA MUSIC service providers the right to mention you as the artist in any advertisements and to use your name as the artist’s name in connection with the promotion of the GEISHA MUSIC Software Application and Service free of charge.
5.6. When using the GEISHA MUSIC Software Application and Service, you warrant that you are not infringing or violating the intellectual property rights or copyright of any third party. This includes the further exploitation of any compositions originally made within the GEISHA MUSIC Service. It is solely your responsibility to take into account that use of the GEISHA MUSIC Software Application or Service may affect your ongoing and/or upcoming agreements with third parties.
6. User generated material
6.1. The user may, but is not required to grant other users the right to concurrently and collaboratively create, alter, transform, document, remix and mix the sound composition created within the GEISHA MUSIC virtual studio. Each version of a sound composition can be used as a starting point for a new version (except when a version is locked by a user, which indicates that no more new sub-versions are allowed).
6.2. As a user, you warrant that you have cleared any third party rights to the sample contained in the above mentioned loop(s)/samples. You shall indemnify and hold GEISHA MUSIC service providers harmless in connection with any claim arising out of the use of the GEISHA MUSIC Software Application and Service and you shall reimburse GEISHA MUSIC service providers for any loss, damage or expenses in connection therewith including reasonable attorney’s fees.
7. The content of the Service
7.1. The GEISHA MUSIC service providers reserve the right to remove any material from the GEISHA MUSIC Service, which breach these Terms of Use. GEISHA MUSIC service providers also reserve the right to attain all the files and material.
7.2. The GEISHA MUSIC service providers have the right to read, save and expose information a) if required to do so by national law b) if there is reason to suspect that the Terms of Use are violated c) to discover and/or prevent any security and technical contraventions d) to find answers to technical customer service problems e) to protect the safety and property of users and the public in the GEISHA MUSIC Service.
8. Assurance
You assert that all the material you have produced and archived using the GEISHA MUSIC Software Application and Service are made in accordance with GEISHA MUSIC service providers’ rules and regulations and these Terms of Use. You assert that you are entitled and authorized to act according to these Terms of Use.
9. Privacy policy
By using the GEISHA MUSIC Software Application and Service you approve the GEISHA MUSIC privacy policy, which is committed to protecting your privacy.
However please be aware that when you post public information to any forums, chat rooms, blogs, or message boards on or through GEISHA MUSIC website , that information can be accessed by the public and used to send you unsolicited communications. GEISHA MUSIC service provider accepts no responsibility for this.
The GEISHA MUSIC service providers have the right to edit, to monitor and to expose your personal information and e-mails only if so required by national legislation.
10. Advertising
You approve and understand that GEISHA MUSIC service providers may advertise at the GEISHA MUSIC website and that they may send you advertisements by e-mail. Advertising is directed to GEISHA MUSIC users by e-mail only if you have accepted this by ticking the appropriate box in the registration form.
11. Unused GEISHA MUSIC Service
If the GEISHA MUSIC Service or account is not used by the registered user within 12 months from the last user event, GEISHA MUSIC service providers reserve the right to remove the account or prevent the continued use of GEISHA MUSIC Software Application and Service. For more information about registering and user management, please contact GEISHA MUSIC service providers at info@geishamusic.com
12. Publicity
All trademarks, logos, names of websites, and other brand labels published in GEISHA MUSIC Service are to be used according to these Terms of Use.
13. Term and termination
13.1. These Terms of Use become effective when you have ticked the “I agree”-box at registration and they will remain effective until terminated by you or GEISHA MUSIC service providers.
13.2. You can give notice to the GEISHA MUSIC Service at any time without any specific reason by sending e-mail to info@geishamusic.com. The GEISHA MUSIC account and Service will expire within a period of two days from the receipt of such a notice.
13.3. GEISHA MUSIC may terminate this agreement at any time in case of unauthorized, or suspected unauthorized use, of the GEISHA MUSIC Software Application or the GEISHA MUSIC Service.
13.4. If the GEISHA MUSIC service providers give you notice or removes your account, they will inform you thereof by sending you an e-mail to the e-mail address you have given at registration.
14. Indemnity
You agree to indemnify and hold GEISHA MUSIC service providers and their officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable attorney fees) made by a third party due to or arising out of or related to your breach of these Terms of Use or your violation of any laws, regulations or third party rights.
15. Limitation of Liability
15.1. GEISHA MUSIC service providers are not liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profit and lost data arising from your use of or inability to use the GEISHA MUSIC Software Application or Service.
15.2. GEISHA MUSIC service providers are not responsible for other users´ actions or inactions, including files uploaded to the GEISHA MUSIC site. GEISHA MUSIC is solely a venue for collaborative composing and networking.
15.3. Should GEISHA MUSIC service providers in the future be authorized to transfer the ownership of any electronic files created in the GEISHA MUSIC Service from the creator (seller) to a buyer, GEISHA MUSIC service providers will not be liable for any loss, whether direct or indirect, or consequential damages arising out of the use of the GEISHA MUSIC Service.
15.4. If you have an ongoing dispute with other GEISHA MUSIC users, you will release GEISHA MUSIC service providers and their officers, directors, agents, subsidiaries, joint ventures and employees from all claims, demands and damages of every kind and nature.
16. Technology limitations and modifications
16.1. GEISHA MUSIC service providers will make reasonable efforts to keep the GEISHA MUSIC Software Application and the GEISHA MUSIC Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. GEISHA MUSIC service providers reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the GEISHA MUSIC Software Application and the GEISHA MUSIC Service with or without notice.
GEISHA MUSIC- Internet service is provided by GEISHA MUSIC team. Feel free to drop us a line anytime at info@geishamusic.com
Thank You. Kiitos.