Terms & Conditions
Wikifonia terms and conditions
By using or viewing the Wikifonia web site, Wikifonia services or Wikifonia data you are accepting, agreeing and bound to the following terms and conditions.
Article 1. Application
Any use, copy, viewing, up- or downloading, any contribution or otherwise of the Wikifonia website, the Wikifonia services and or data via the services will be subject to these terms. It is strictly prohibited to up- or download non-authorized data. Wikifonia withholds the right to modify partly or entirely the terms and conditions, to exclude or deny any person or organization from the use of the website when refusal of acceptance of these terms and conditions or modifications to these terms, or when the use, viewing, up- or downloading, or any contribution or otherwise infringes any or some of the terms and or any legal provision mandatory applicable. Wikifonia reserves the right to modify or terminate the Wikifonia services for any reason and without notice.
Article 2. Definitions
2.1. Wikifonia : A non-profit company according to Belgian law. info[at]wikifonia[dot]org. Wikifonia is the site holder or service provider. Wikifonia will therefore only be responsible for the application of the site and not for its content. The content is provided, up- and downloaded by the Internet community and will be freely accessible.
2.2. Lyrics: authorized music texts
2.3. Sheet music : authorized music registration under any form or format
2.4. Authorized: Wikifonia is offering its users a platform of legal data licensed by the authors and within scope of its participating publishers and authors, all in accordance with the license agreement with Musi©opy, a publishers’ representative.
2.4. Member or User : Any person who wants to participate to the Wikifonia website must subscribe. He will receive a personal password and account. He will be responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under that password or account.
Article 3. Limited use of the website or services
The Wikifonia website, its services and data via the services may only be used and are only accessible for lawful purposes. The user will not breach any author rights or any other intellectual property, or any police or mandatory regulation and shall at any event bear entire and severe responsibility for acts, data or cooperation, whether aware or not that may infringe any third party rights. The user therefore solemnly declares and warrants the content of the website. Wikifonia may at any moment by law and without notice, suspend access, deny up- or downloading, erase, block or censor any data, lyrics or sheet music. Wikifonia may always remove at its discretion any content which is considered unlawful, offensive, threatening, libelous, defamatory, obscene, impropriate, or otherwise objectionable.
All data under the format of lyrics and/or sheet music are freely accessible, can be freely downloaded and copied for non-profit purposes, education, private and public use. The lyrics and/or sheet music are not available for commercial exploitation, distribution or sale. Downloading of data, lyrics or sheet music does not allow the user any title of property or ownership. The user will only have a limited right of use always in accordance with the author rights and in accordance with the spirit of the author.
Wikifonia is engaged to offer authorized lyrics and sheet music but will not be liable for unauthorized data unless duly notified and evidenced.
The user recognizes the limited access, use and representing to the services on the website. He will not copy, alter or claim any rights to the website, its technology, its presentation and texts, database, software, service, pictograms, ideas, articles, name, trademarks, illustrations, functions or other. All rights reserved to Wikifonia. The use of spider, robot or any other technical process to copy the website or its entire content is not allowed. The use of software, devices or any means to hamper or disturb the use of the Website is not allowed. The user will not cause or introduce any burden to the infrastructure of the website and is bound to restore, repair and compensate any such burden or intrusion of any kind together with its consequences.
The use of the website or services is only open after registration and acceptance.
All content is copyright protected and lawfully available. Any selection, assembly or individualization will be Wikifonia licensed. Wikifonia will have all rights of reference, data protection and representation. The use of the content on another website or network is prohibited.
Sponsors, advertisers and contractors may retain and license trademarks or rights on the content forwarded on the website but only if clearly indicated or commonly or publicly known.
Article 4. Code of conduct
The website user will be solely responsible for all activity, data, links, posts or displays that occur under his screen name, up- or downloaded. He must keep his password secured and private. He will not abuse, harass, threaten, impersonate or intimidate any other user and will not use the Wikifonia website for any illegal activity.
The user will not reproduce, adapt, hack, copy, sell, trade, resell or exploit or modify the Wikifonia website or its services. The user will not spam the Wikifonia mail box or any other user’s mailbox and will not transmit worms or viruses or any other code of a destructive nature.
The user will not breach or infringe any laws or regulations of his jurisdiction. The user will comply with all local rules regarding online conduct and acceptable content. Specifically the user agrees to comply with the applicable laws regarding the transmission of technical data exported from Europe, the United States or the country in which he resides.
All users will provide true, accurate, current and complete information about themselves and keep this information up to date. Wikifonia may suspend or close any account and refuse the use upon any ground to suspect that such information is untrue or inaccurate.
Article 5. Data protection
Article 6. Open content
By uploading any data under any format, lyrics or sheet music, the user acknowledges and accepts to freely share the data with the Internet community unless otherwise provided and protected within a private file with Wikifonia. While using a private file, the user will accept and fulfill specific terms and conditions.
Furthermore the user accepts any corrections, alterations or changes to his input always in accordance with the author rights. The user may not claim any reference or rights to the lyrics or sheet music made available to the Internet community other than provided by Wikifonia presentation.
The user will upload virus free data, will not install any spy- or spamware and will not install any software that may harm the website or its functioning.
The user will take care to his utmost best that the information uploaded is correct and complete. He will always correctly refer to the author of the lyrics or sheet music.
Article 7. Exclusion of liability
The data, lyrics and sheet music are freely accessible and available ‘as is’. Wikifonia does not take any responsibility as to the correct or complete character. Wikifonia will not be liable for any errors or lacuna in the lyrics or sheet music.
Wikifonia does not warrant the continuity of the website nor its fault free or permanent access or functioning. Wikifonia will do its utmost best to amend any errors or bugs after being notified and as technically possible. Wikifonia will not be responsible for virus spreading, spyware or any spam through or by its website. Any data downloaded from the website is downloaded by the user at its own risk and the user only will bear the consequences or responsibility to any networking, computer or software.
Wikifonia will never be liable for the quality or the use of the content. Wikifonia will not be responsible for any product or services offered through the website. The exclusion of liability should be largely construed.
Article 8. Limitation of liability
Wikifonia can never be held liable for any indirect damages, loss of income, moral damages, incidental losses or remote consequences caused by the infrastructure, the services or the use of the website. The website cannot be closed or suspended because of any investigation or survey.
The user accepts that regardless of any statute of law to the contrary, any claim or any cause of action arising out of or related to the use of the Wikifonia services must be filed within one year after such claim or cause of action arose or be forever barred.
Article 9. Links to other websites or contractors
Wikifonia may foresee publicity and sponsoring space and references or links to other websites or contractors without limitation. Wikifonia will however not be liable or responsible for the content of these websites or contractors, nor their services, products or references. The fact that Wikifonia is linked to other websites does not implement the acceptance or any warranty or agreement of Wikifonia as to the content of those websites. It cannot be construed as a recommendation or labeling.
Article 10. Guarantee
The user accepts to guarantee Wikifonia its employees, directors and contractors for any wrongful act or gross negligence whether intentional or not. The guarantee will include any liability, costs and disbursements of defense.
Article 11. Applicable law and jurisdiction
The terms and conditions, the website and the use thereof will be subject to Belgian law. Any dispute under these terms or the use of the Website will be solved first amicably, and in the absence of an amicable and final settlement, in the option of Wikifonia brought before the Courts of Ghent or the Courts of the principle place of the defendant.
Article 10. None and void
If any provision of these terms and conditions should be nul and void, this will not attach the entire terms and conditions. The particular provision will be construed and replaced by such a provision legally acceptable and with the consequence and outcome as close as possible to the original provision.
Article 11. Waiver and severability of terms, entire agreement
The failure of Wikifonia to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The terms and conditions constitute the entire agreement between the user and Wikifonia, superseding all other agreements whether written or oral. However the user may be subject to additional terms that may apply when using or purchasing certain other Wikifonia services, affiliate services or third party content.