User agreement

1 General rules and definitions

1.1 BopLand.org is an Internet Project (hereinafter referred to as the "Project") owned and operated by the Meliorex Co., Ltd. The Project is intended mainly for improvising musicians and represents a continuously updated free knowledge Database of Jazz Licks over most common chord progressions (hereinafter referred to as the "DB").

1.2 If you choose to use the BopLand.org Project, you will be agreeing to abide by all of the terms and conditions of this Agreement between you and BopLand.org.

1.3 BopLand.org may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the BopLand.org web site (hereinafter referred to as the "Site"). It is your responsibility to review this Agreement prior to each use of the Project and by continuing to use this Project, you agree to any changes.

1.4 If any of these rules or any future changes are unacceptable to you, you shall abandon the right to use the Project henceforth. Your continued use of the Project now, or following the posting of a notice of any changes in the operating rules, will indicate acceptance by you of such rules, changes, or modifications.

1.5 BopLand.org may change, suspend or discontinue any aspect of the Project at any time, including the availability of any Project feature, database, or content. BopLand.org may also impose limits on certain features and services or restrict your access to part of or to the entire Project.

2 BopLand.org Copyright and User submission

2.1 All materials published on BopLand.org (including but not limited to articles, images, illustrations, logos, scripts, notes, licks, audio files, hereinafter referred to as the "Content") are protected by copyright, and owned or controlled by the Meliorex Co., Ltd. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Project.

2.2 The Project and its Content are protected by copyright pursuant to U.S. and international copyright laws. Redistribution and use, with or without modification (including but not limited to publishing, transmitting, participating in the transfer or sale of, reproducing, creating new works from, performing, displaying, or any way exploiting), any part of and/or the whole DB Content are permitted provided that the following conditions are met: redistribution must retain the "© Copyright 2007 BopLand.org Project. All rights reserved." copyright notice in any materials provided with the distribution.

2.3 BopLand.org's Content is protected by U.S. and international copyright laws. The Meliorex Co., Ltd. owns all rights including copyright to the DB Content, and to BopLand.org logos and trademarks used in connection with the Project. BopLand.org reserves the right to discontinue providing any part of or the entire Project at any time and to require you to cease displaying, distributing or otherwise using any part of and/or the whole DB Content, for any reason without limitation, including your violation of any provision of this User Agreement.

2.4 The Meliorex Co., Ltd. assumes no liability for any of your activities in connection with the Project and/or the Content or for your use of the Project and/or the Content in connection with your web site, computer or MP3 player.

3 User generated DB Content

3.1 Since the BopLand.org is a non-commercial project, your contribution is the only possible way to keep the Project growing and available for free use. Everybody has an opportunity to take part in the Project: once you have transcribed an amazing piece of a famous jazz musician's solo you may upload it to the Licks DB, making it thereby available to everyone.

3.2 In order to prevent the Licks DB from being "littered up" BopLand.org reserves the right to select and/or edit submitted licks. You shall abide by the strict rules prescribed in the FAQ section of the Site when submitting your licks.

3.3 You shall not upload to the DB any copyright protected items, but only your own materials. Violation of this rule is ground for immediate and permanent suspension of access to a part of or to the entire Project.

3.4 You are solely responsible for the content of your uploading. However, BopLand.org reserves the right to place, delete, move, or edit licks that it, in its sole discretion, deems in violation of copyright or trademark laws, or otherwise unacceptable (e.g., Clause 3.2 of the Agreement).

3.5 You acknowledge that any submission you make to the Project (i.e., user generated content) may be edited, removed, modified, published, transmitted, and displayed by BopLand.org and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. With respect to licks submissions, you grant BopLand.org a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the licks, which includes without limitation the right for BopLand.org to designate, use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, and adapting to broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any licks submitted by you on or to BopLand.org, including licks submitted on BopLand.org through a third party.

4 Representations and Warranties

4.1 You represent, warrant and covenant that no materials of any kind submitted by you will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; You hereby indemnify, defend and hold harmless BopLand.org, and all officers, directors, owners, agents, information providers, affiliates (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Meliorex Co., Ltd. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

4.2 The Content and all downloadable materials are distributed on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that use of the Project is at your sole risk.

5 Donations

5.1 BopLand.org is non-commercial project dedicated to supporting and developing of a Free Jazz Lick Database and therefore it strongly relies upon User donations. We gratefully accept donations from individuals and businesses, using them to fund the further development and popularization of the Free Jazz Lick Database.

5.2 Once you have decided to support the BopLand.org Project and make a donation, you may do so in one of the following ways: you may to wire-transfer funds to our bank account, or take advantage of the Google Checkout or PayPal to make an online payment (for details please refer to the FAQ Section of the Site).

6 BopLand.org Privacy Policy

6.1 We greatly appreciate everyone who donates to the Project. At the same time, we respect your privacy: the BopLand.org’s Administration will not sell or provide your address, phone number, or email address to a third party. Having received a donor's e-mail address, we may send him/her a one-time e-mail of acknowledgement, after that we will not send any unsolicited mailings.

6.2 If you want to make an anonymous donation, you may take advantage of the PayPal online payment system which has an "Optional Note" field that allows you to indicate anonymous donation.

6.3 If you donate by means of a credit card, you will be requested to indicate a shipping address. Please supply your mailing address in that field. The Project’s Administration is required by law to send letters of acknowledgment for donations, and we need your mailing address to comply with the law. We undertake the obligation to keep this information secret (we will not sell, rent, swap or authorize any third party to use it, nor will we bother you with unsolicited mailings).

7 Registration and communication with Users

7.1 User registration is not stipulated on the Site. However, if your personal e-mail address is submitted together with your lick, you’ll be able to track all processing stages of your lick placement order by means of e-mail notifications (verification result, placement status, etc.).

7.2 For any questions or comments regarding the Project, you may contact us via BopLand.org feedback page.

8 Miscellaneous

8.1 This Agreement has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce this Agreement shall be brought to the federal or state courts located in New York City.

8.2 Notwithstanding any of the foregoing, nothing in this User Agreement will serve to preempt the promises made in BopLand.org Privacy Policy.

8.3 You agree to report any copyright violations of the User Agreement to The BopLand.org as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the BopLand.org service, please notify by feedback page.