Terms and Conditions

Date of Last Revision: 8th May 2018

1. Who and What We Are

Take7 Music is a global brand wholly owned by Take7 UK (Trading) Limited (11024181), which is based in the UK, hereafter referred to as Take7.

The UK office can be contacted on support@take7music.com, or at Take7 UK (Trading) Ltd, Suite 3.11, 1 Paris Gardens, London SE1 8NU Telephone 0203 1965 850. Our website is www.take7music.com.

2. Terms and Conditions of Use

These terms and conditions govern your use of the www.take7music.com Website (“WEBSITE”) and the Take7 Software programs and mobile applications (“SOFTWARE”) and services (“SERVICES”) and any related music material/ songs/content (“CONTENT”)” and any other related products offered by Take7 together with the WEBSITE, or the SOFTWARE, or the SERVICES or the CONTENT.

By using the WEBSITE and/or the SOFTWARE and/or the SERVICES, and/or the CONTENT, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the WEBSITE or the SOFTWARE or the SERVICES, or the CONTENT.

These Terms and Conditions were written in English. To the extent any translated version of this agreement conflicts with the English version, the English version takes precedence.

This WEBSITE may use cookies. By using this WEBSITE and agreeing to these terms and conditions, you consent to Take7’s use of cookies in accordance with the terms of Take7’s Privacy Notice.

3. Products and Pricing

Our product is digital sheet music and the associated Take7 music app. The price of music is shown in the Music Store and may be adjusted from time to time in accordance with Global Currency fluctuations.

4. Delivery Policy

All software and music delivery is by download directly from our website, via our online music store or through our app.

5. Acceptable Use of the Website

Take7 reserve the right to monitor downloads of music from the website and/or store that are available to download for a user. Take7 reserve the right to contact users if downloads appear to be at a rate exceeding that which might be judged reasonable for someone learning music and further reserve the right to suspend or even cancel memberships and/or subscriptions if a user is suspected of downloading music at an unreasonable rate and/or for reasons other than learning music.

You must not use this WEBSITE in any way that causes, or may cause, damage to the WEBSITE or impairment of the availability or accessibility of the WEBSITE; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this WEBSITE to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this WEBSITE without Take7 ’s express written consent.

You must not use this WEBSITE to transmit or send unsolicited commercial communications.

You must not use this WEBSITE for any purposes related to marketing without Take7 ’s express written consent.

6. Payments

You agree that you will pay for all products you purchase through the Take7 WEBSITE and/or SOFTWARE and/or SERVICES, and that Take7 may charge your credit card or PayPal/BrainTree account or send you an invoice for any products purchased and for any additional amounts, including fees that accrue on a monthly basis and any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Take7 with a valid credit card or PayPal/BrainTree account details for payment of all fees.

All fees will be billed to the credit card or PayPal/BrainTree account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal/BrainTree account status, you must change your information online in the account information section of our WEBSITE. Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and/or registered country and the sales tax rate in effect at the time you download the product. We will charge tax only in regions/countries where digital goods are taxable.

Prices for products offered via the WEBSITE or SOFTWARE or SERVICES may change at any time. Offers of free SOFTWARE or SERVICES or CONTENT may at any later time be changed to charge a fee at Take7’s discretion.

We do not store customer credit card details nor do we share customer details with any 3rd parties without clear permission from the customer.

7. Subscriptions Term and Renewal

A subscription applies to an individual person and allows the individual to use the subscribed CONTENT on any supported computer device according to the terms this Agreement.

Subscriptions have a term of one (1) year from the order date, unless a shorter time period is explicitly stated at the time of order. At the time of order, the User can choose to have the Subscriptions renew automatically each year (or for the applicable time period) until cancelled.

8. Termination and Refunds

In the event that a piece of music has been downloaded incorrectly, please contact support@take7music.com within 24 hours and we will exchange it for the correct piece within 48 hours.

Music that has been used with the app cannot be exchanged. There will be no refunds for purchased music.

If you terminate your subscription prior to the end of its term you will not receive a refund for any reason. Your subscription may terminate without notice if you breach the applicable use limitations for any of the subscriptions or any other term of this Agreement. This SOFTWARE License Agreement is effective upon installation of the SOFTWARE and remains in effect until expiration of all of Take7 ’s interests in the SOFTWARE, unless earlier terminated. This License Agreement will terminate automatically without notice from Take7 if you fail to comply with any of the terms or limitations of this License Agreement. Upon termination, Take7 may require that you delete all copies of the SOFTWARE.

Take7 may discontinue or change SOFTWARE and/or SERVICES and/or CONTENT, or its availability to you, at any time, and you may always terminate your subscription at any time. If you wish to terminate your subscription, please contact Take7 online at www.take7music.com/support.

Take7 may remove or change any free and/or pre-loaded CONTENT at any time without notice or compensation.

9. Copyright Infringement

The WEBSITE, SOFTWARE and SERVICES, are operated by Take7 from its offices in London in the United Kingdom. Take7 welcomes visitors from around the world, however Take7 makes no representation or warranty that the contents of the WEBSITE, SOFTWARE and SERVICES are appropriate or permitted by the laws and regulations of countries other than the UK. If you choose to access the WEBSITE from other countries you do so at your own risk, and are responsible for compliance with applicable local laws. By accepting this agreement, you understand and agree that information is sent to and processed by a UK entity and that your information is stored on computers in the UK or other countries.

These terms and conditions will be governed by and construed in accordance with the laws of the United Kingdom, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the United Kingdom.

10. Geographic Scope, Law and Jurisdiction

The WEBSITE, SOFTWARE and SERVICES, are operated by Take7 from its offices in London in the United Kingdom. Take7 welcomes visitors from around the world, however Take7 makes no representation or warranty that the contents of the WEBSITE, SOFTWARE and SERVICES are appropriate or permitted by the laws and regulations of countries other than the UK. If you choose to access the WEBSITE from other countries you do so at your own risk, and are responsible for compliance with applicable local laws. By accepting this agreement, you understand and agree that information is sent to and processed by a UK entity and that your information is stored on computers in the UK or other countries.

These terms and conditions will be governed by and construed in accordance with the laws of the United Kingdom, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the United Kingdom.

11. License to Use the Website

Unless otherwise stated, Take7 and/or its licensors own the intellectual property rights in the WEBSITE and material on the WEBSITE. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the WEBSITE for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not, without written permission from Take7:

  • Republish material from this WEBSITE (including republication on another WEBSITE);
  • Sell, rent or sub-license material from the WEBSITE;
  • Show any material from the WEBSITE in public;
  • Reproduce, duplicate, copy or otherwise exploit material on this WEBSITE for a commercial purpose;
  • Edit or otherwise modify any material on the WEBSITE; or

Redistribute material from this WEBSITE, except for content specifically and expressly made available for redistribution.

12. License to Use the Software

Take7 is licensing the SOFTWARE available through the WEBSITE to you on the following terms and conditions:

Take7 grants you, as licensee, a nonexclusive right to use the SOFTWARE on a computer, tablet, mobile device and other compatible devices (“DEVICE”) under the terms and limitations of this Agreement.

You might have to subscribe to additional SERVICES and/or purchase CONTENT provided through the WEBSITE and/or the SOFTWARE in order to access some of the functionality of the SOFTWARE.

This licensing agreement limits your use of the SOFTWARE to one DEVICE at a time.

You may not adapt or make alterations to the SOFTWARE, decompile, disassemble, translate, convert to another programming language or otherwise reverse engineer the SOFTWARE or digital files created by the SOFTWARE.

You may not sell, transfer or assign the SOFTWARE without the written permission of Take7.  In no event may you rent, lease, or grant sublicenses or any other rights in the SOFTWARE to others on a temporary basis, including renting the SOFTWARE and DEVICE together to other users.

13. Software Updates

The SOFTWARE may automatically download and install updates from Take7. These updates are optional and on by default, and are designed to improve, enhance and further develop the SOFTWARE and may take the form of bug fixes, enhanced functions, new SOFTWARE modules, and completely new versions. You agree to receive such updates (and permit Take7 to deliver these to you with or without your knowledge) unless you turn off update delivery.

14. Mobile Software from the Apple App Store

To the extent the other terms and conditions of this License Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to SOFTWARE downloaded from the Apple App Store. You acknowledge and agree that this Agreement is solely between you and Take7, not Apple, and that Apple has no responsibility for the SOFTWARE or content thereof. Your use of SOFTWARE from the Apple App Store must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the SOFTWARE.

In the event of any failure of the SOFTWARE from the Apple App Store to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the SOFTWARE (if any) to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the SOFTWARE, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the terms of this License Agreement.

You and Take7 acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the SOFTWARE or your possession and/or use of the SOFTWARE, including, but not limited to: (i) product liability claims; (ii) any claim that the SOFTWARE fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Take7 acknowledge that, in the event of any third party claim that the SOFTWARE or your possession and use of the SOFTWARE infringes that third party’s intellectual property rights, Take7 , not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this License Agreement.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You and Take7 acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the License Agreement, and that, upon your acceptance of the terms of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you as a third party beneficiary thereof.

15. Ownership of Software

Take7 retains all ownership and rights in the SOFTWARE, including all rights in any portion(s) of the SOFTWARE present in any output of the SOFTWARE. This License Agreement is NOT a sale of the SOFTWARE.

16. License to Use Purchased or Subscribed Content

The CONTENT available through the WEBSITE, SOFTWARE and SERVICES is the property of Take7 or its licensors and is protected by copyright and other intellectual property laws. CONTENT licenses may change or terminate and if this occurs, Take7 reserves the right to modify and/or remove content from the WEBSITE, SOFTWARE or SERVICES at any time without notice to its Users and/or subscribers. The license granted hereunder is specific to a Take7/SERVICES subscription and the machine on which it is being used.

Content available to you through the WEBSITE, or the SOFTWARE or the SERVICES may be used only for your personal non-commercial use. You may not sell, transfer or assign any CONTENT obtained through the WEBSITE, or the SOFTWARE or the SERVICES. In no event may you rent, lease, or grant sublicenses or any other rights in the CONTENT to others on a temporary basis, including renting the SOFTWARE, DEVICE and CONTENT together to other users.

You agree that you will not use the WEBSITE, or the SOFTWARE or the SERVICES to infringe the copyrights or other intellectual property rights of others in any way.

Without limiting the foregoing, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the CONTENT received through the WEBSITE, or the SOFTWARE or the SERVICES to anyone, including but not limited to others in the same company or organization, without the express prior written consent of the copyright holder(s) and Take7 ; provided, however, that subject to the Limitation of Liability and Indemnification sections below, you may distribute copies of your recorded performances along with Take7 Accompaniments to your teachers, your family members or friends, but only for (1) noncommercial and (2) educational or evaluation purposes, and provided that you include all copyright and other proprietary rights notices with any portion of the content in the same form in which the notices appear in Take7, original source attribution, and the phrase “Used with permission from Take7 ” Any other distribution is prohibited. To request consent for other matters, please contact Take7 , online at www.take7music.com/support

This licensing agreement limits your use of the CONTENT to one DEVICE at a time.

17. User Content

In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the WEBSITE and/or SOFTWARE and/or SERVICES, for whatever purpose.

You grant to Take7 a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Take7 the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Take7 or a third party (in each case under any applicable law).

You must not submit any user content to the WEBSITE or SOFTWARE or SERVICES that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Take7 reserves the right to edit or remove any material submitted to this WEBSITE, or SOFTWARE or SERVICES or stored on Take7 ’s servers, or hosted or published upon this WEBSITE.

Notwithstanding Take7 ’s rights under these terms and conditions in relation to user content, Take7 does not undertake to monitor the submission of such content to, or the publication of such content on, this WEBSITE or SOFTWARE or SERVICES.

18. Restricted Access

Access to certain areas of this WEBSITE and/or SOFTWARE and/or SERVICES is restricted. Take7 reserves the right to restrict access to areas of this WEBSITE and/or SOFTWARE and/or SERVICES, or indeed this entire WEBSITE and/or SOFTWARE and/or SERVICES, at Take7’s discretion.

If Take7 provides you with a user ID and password to enable you to access restricted areas of this WEBSITE and/or SOFTWARE and/or SERVICES, you must ensure that the user ID and password are kept confidential.

Take7 may disable your user ID and password at Take7 ’s sole discretion without notice or explanation.

19. No Warranties

This WEBSITE, SOFTWARE, SERVICES and CONTENT are provided “as is” without any representations or warranties, express or implied. Take7 makes no representations or warranties in relation to this WEBSITE, SOFTWARE, SERVICES and CONTENT or the information and materials provided on or within this WEBSITE, SOFTWARE, SERVICES and CONTENT.

Without prejudice to the generality of the foregoing paragraph, Take7 does not warrant that:

this WEBSITE, SOFTWARE, SERVICES and CONTENT will be constantly available, or available at all; or

the information on or within this WEBSITE, SOFTWARE, SERVICES and CONTENT is complete, true, accurate or non-misleading.

Nothing on this WEBSITE, SOFTWARE, SERVICES and CONTENT constitute, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional. No oral or written information or advice provided by Take7 It’s dealers, distributors, agents, or employees shall create any other warranty, and you may not rely on such information or advice.

The entire risk as to the quality and performance of the WEBSITE, SOFTWARE, SERVICES and CONTENT and accompanying documentation materials is with you. You assume all responsibility for selection of the WEBSITE, SOFTWARE, SERVICES and CONTENT and accompanying materials to achieve your intended results, and for the installation, use and results of the SOFTWARE.

If the WEBSITE, SOFTWARE, SERVICES and CONTENT or accompanying documentation materials prove to be defective, you, not Take7’s dealers, distributors, agents, or employees, assume the entire cost of any and all necessary servicing, repair, or corrections.

20. Limitations of Liability

Take7 or anyone else involved in the creation, production, licensing, or delivery of the WEBSITE, SOFTWARE, SERVICES and CONTENT and documentation materials will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this WEBSITE, SOFTWARE, SERVICES and CONTENT:

  • to the extent that the WEBSITE, SOFTWARE, SERVICES and CONTENT is provided free-of-charge, for any direct loss;
  • for any indirect, incidental, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Take7 has been expressly advised of the potential loss.

You are responsible for any fees or charges incurred to access the WEBSITE, SOFTWARE, SERVICES and CONTENT through an Internet access provider, mobile service provider or other third party service.

In any event, Take7’s responsibility for direct damages is never more than the purchase price and license fee you paid for the SOFTWARE, SERVICES and CONTENT.

21. Exceptions

Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit Take7 ’s liability in respect of any:

  • death or personal injury caused by Take7 ’s negligence;
  • fraud or fraudulent misrepresentation on the part of Take7 ; or
  • matter which it would be illegal or unlawful for Take7 to exclude or limit, or to attempt or purport to exclude or limit, its liability.
22. Reasonableness

By using this WEBSITE and/or SOFTWARE and/ or SERVICES and-or CONTENT, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.

If you do not think they are reasonable, you must not use this WEBSITE and SOFTWARE, SERVICES and CONTENT.

23. Other Parties

You accept that, as a limited liability entity, Take7 has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Take7 ’s officers or employees in respect of any losses you suffer in connection with the WEBSITE or SOFTWARE, or SERVICES, or CONTENT.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect Take7 ’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Take7.

24. Unenforceable Provisions

If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.

25. Indemnity

You hereby indemnify Take7 and undertake to keep Take7 indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Take7 to a third party in settlement of a claim or dispute on the advice of Take7 ’s legal advisers) incurred or suffered by Take7 arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

26. Breaches of these Terms and Conditions

Without prejudice to Take7 ’s other rights under these terms and conditions, if you breach these terms and conditions in any way Take7 may take such action as Take7 deems appropriate to deal with the breach, including suspending your access to the WEBSITE, SOFTWARE, SERVICES and CONTENT, prohibiting you from accessing the WEBSITE, SOFTWARE, SERVICES and CONTENT, blocking computers using your IP address from accessing the WEBSITE, SOFTWARE, SERVICES and CONTENT contacting your internet service provider to request that they block your access to the WEBSITE and/or bringing court proceedings against you.

27. Variation

Take7 may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the WEBSITE, the SOFTWARE, the SERVICES and the CONTENT from the date of the publication of the revised terms and conditions on this WEBSITE. Please check this page regularly to ensure you are familiar with the current version.

28. Assignment

Take7 may transfer sub-contract or otherwise deal with Take7 ’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

29. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

30. Entire Agreement

These terms and conditions constitute the entire agreement between you and Take7 in relation to your use of this WEBSITE, SOFTWARE, SERVICES and CONTENT, and supersede all previous agreements in respect of your use of this WEBSITE, SOFTWARE, SERVICES and CONTENT.

31. Your Acceptance of these Terms

By using this WEBSITE and/or SOFTWARE and/or SERVICES, you signify your acceptance of the Privacy Notice and these Terms and Conditions. If you do not agree to this, please do not use our WEBSITE and/or SOFTWARE and/or SERVICES. Your continued use of the WEBSITE and/or SOFTWARE and/or SERVICES following the posting of changes to these Terms and Conditions and/or Privacy Notice will be deemed your acceptance of those changes.

32. Contacting Us

If you have any questions about the Terms and Conditions, the Privacy Notice, the practices of this WEBSITE, or SOFTWARE or SERVICES or your dealings with this WEBSITE or SOFTWARE or SERVICES, please contact us at:

support@take7music.com