Terms of Service
Last Updated: November 6, 2016
The following is an agreement between Solmire.com site owners ("Solmire", "Site", "Service", "us", "our" and "we"), and any person or other legal entity, ("you", "your") who is using our webbsite solmire.com whether to convert midi files to mp3 or just to browse the content hosted at solmire.com.
This agreement ("Agreement") consists of these terms and conditions, and any other terms incorporated in these terms and conditions by reference. By using the Site in any way, you enter into and are bound by this Agreement.
If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
1. Acceptance and Amendment of Terms
This Service is for personal and non-commercial use only, and may not be used for any purpose not expressly permitted by this Agreement.
Your use of the Service, including new features and enhancements to the Service, is entirely conditioned on and subject to your compliance with this Agreement. If you do not agree with this Agreement, you should leave the Site and discontinue use of the Services immediately. Please read this Agreement carefully and save it.
You may not change, supplement or amend this Agreement in any manner. We may unilaterally amend or supplement this Agreement from time to time and we will notify you by posting a notice visible to you the next time you access the Site or use the Service. If you do not agree with the amendments you must cease use of the Site and the Service. Your use of the Site or the Service after notice of an amendment to the Agreement is your agreement to that amendment. Any such amendments that amend the licenses provided in this Agreement shall amend any licenses granted before the amendment takes effect, as well as any granted after the amendment takes effect. These terms shall always bear a "last updated" date at the top of the page showing the date on which they were last updated.
2. User Conduct
- You are responsible for maintaining the confidentiality of any personal or personally identifiable data you upload and store on the Site and are responsible for complying with all applicable laws governing collection, storage, processing, use and transfer of such information.
- You are solely responsible for your conduct on the Site and use of the Service, and for any content, including but not limited to Midi files uploaded for conversion and any information stored in them, and any other files (collectively, "Content"), that you upload to the Site.
- You must not abuse, harass, threaten, impersonate or intimidate other Users of the Service.
- You may not use the Service for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content.
- You may not collect or harvest any personally identifiable information from the Site.
You may not use the Service to upload, transmit or link to Prohibited Content. Generally, Prohibited Content includes Content or other material that Solmire.com believes:
provides a link to any of the above.
- is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate;
- comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the license rights granted herein;
- violates or otherwise encroaches on the rights of others;
- contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service;
- advocates illegal activity;
- harms anyone, including minors;
3. Content Uploaded and Published on the Site
Solmire.com allows Users to convert Midi files to Mp3 and, optinally and subject to explicit User consent, to make certain information about the Midi file and the Mp3 conversion process publicly abailable on the Internet. Solmire.com will never make the original Midi files, nor the resulting Mp3 files, publicly available for download.
If the User gives us the appropriate consent when uploading the file, the information that will be published will include, without limitation, the following data:
- Date and time of the conversion
- Settings used for the initial conversion, including without limitation, soundfont, tempo adjustment, pitch adjustment etc
- Original file name
- Original file size in kilobytes
- Number of tracks present in the Midi, name of the individual tracks, name of the instruments used
- Aggregated and statistical information about Midi events, including without limitation, relative frequency of notes, tonality, etc
- Automatically detected chord patterns
- Visual representation, in the form of a static image, of the audio waveform
- Visual representation of the Midi structure, in the form of a 3D animation
In this Agreement we refer to this type of data as "Midi Information" or "User Content", or "Content".
- In order for us to make the above mentioned Midi Information available on the Site, we need the right to make use of such Midi Information in accordance with and subject to this Agreement. Therefore, by choosing the option to make the Midi Information available when uploading your Midi files, you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free, worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that Midi Information and any works derived from that Midi Information, in any form of media or expression, in the manner in which the Service from time to time permits Midi Information to be used, and to license or permit others to do so.
- We may from time to time change the manner in which Midi Information can be used by the Service, and if we do so any license you have granted to us under Section 3 shall automatically be extended to new uses permitted by the Service, and any licenses previously granted to us for uses no longer permitted by the Service shall continue in accordance with Section 3.
- If you decide to make the Midi Information publicly available when you upload Midis for conversion, it is your responsibility to check the Site to review how we use Midi Information.
- You may at any time request the removal of any Midi Information published on the Site, wether it originated from a Midi file uploaded by you or originated by a Midi file uploaded by another User. You can request the removal of the Midi Information in two ways: 1) by using the self service functionality provided on the Site; 2) by sending a written request to our email contacts.
- We may prevent you from removing Midi Information using the self-service functionality if we will detect inapropriate use of the removal functionality aimed at damaging the operation of the Service. We have the sole discretion to determine whether your usage of the removal functionality is inappropriate.
- We reserves the right to remove Midi Information from the Site at any time, without notice, for any reason, or for no reason, in our sole discretion.
- You represent and warrant to Solmire.com that: a) you are the sole owner, author and copyright owner of Midi Information you contribute to the Site or you have written permission from the author, owner or copyright owner to make such Midi Information available to the Service, and (b) such Midi Information does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such Midi Information complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such Midi Information does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such Midi Information to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such Midi Information in the manner contemplated by the Service and this Agreement.
4. Intellectual Property
We respects intellectual property rights. If you believe that any Content on the Site infringes on another's intellectual property rights you may: 1) directly reqyest for Midi Information removal using our self service content removal feature; 2) contact us with the contact information on the Site.
We reserve the right to remove Content and Midi Information without prior notice. We may also prevent Users? access to the Site, immediately and without notice, if we believe, in our sole discretion, that the User is infringing any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights).
You agree to indemnify and hold harmless Solmire.com owners from any damage, liability, cost, expense, loss, claim or demand (collectively, ?Losses?) including reasonable lawyers? fees, due to or arising out of your use of the Site or the Services, including your breach of this Agreement, and including also any claims that Content provided by you to us infringes the intellectual property or other rights of any third party.
Solmire.com is not responsible or liable in any manner for any Content posted by third parties on the Site or available from third parties in connection with the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what Users do, post, transmit or share on the Site. Under no circumstances will Solmire.com be responsible for any loss or damage, including any loss or damage to any User Content, or for personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on or through the Site, or any interactions between users of the Site, whether online or offline. You youse the Service and post Content on the Site at your own risk.
Solmire.com does not warrant that: 1) the Service will meet your specific requirements, 2) the Service will be uninterrupted, timely, secure, or error-free, 3) the results that may be obtained from the use of the Service will be accurate or reliable, 4) the quality of any services, information, or other material obtained by you through the Service will meet your expectations, and 5) any errors in the Service or any software will be corrected.