Terms of Service

Terms of Service

Modified on 14 December 2019
These terms of service ("Terms") apply to your access and use of Instrument Bible (the "Service"). Please read them carefully.

Instrument Bible LLC and/or its affiliates ("Instrument Bible") provide website features and other products and services to you when you visit InstrumentBible.com, use Instrument Bible products or services, use Instrument Bible applications for mobile, or use software provided by Instrument Bible LLC in connection with any of the foregoing (collectively, "Instrument Bible Services"). Instrument Bible LLC provides the Instrument Bible Services subject to the following conditions.

By using our Services, you agree to these conditions. Please read them carefully. If you don't agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing contact@instrumentbible.com. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on instrumentbible.com for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software provided;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Instrument Bible LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

License & Access

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Instrument Bible LLC or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Instrument Bible Services. This license does not include any resale or commercial use of any Instrument Bible Service, or its contents; any collection and use of any Instrument Bible Service or its contents; any derivative use of any Instrument Bible Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Instrument Bible or its licensors, suppliers, publishers, rightsholders, or other content providers. No Instrument Bible Service, nor any part of any Instrument Bible Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Instrument Bible. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Instrument Bible without express written consent. You may not use any meta tags or any other "hidden text" utilizing Instrument Bible's name or trademarks without the express written consent of Instrument Bible. You may not misuse the Instrument Bible Services. You may use the Instrument Bible Services only as permitted by law. The licenses granted by Instrument Bible terminate if you do not comply with these Conditions of Use or any Service Terms.

Disclaimer

The materials on Instrument Bible are provided "as is". Instrument Bible LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Instrument Bible LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Instrument Bible LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Instrument Bible LLC's Internet site, even if Instrument Bible LLC or a Instrument Bible LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Instrument Bible could include technical, typographical, or photographic errors. Instrument Bible LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Instrument Bible LLC may make changes to the materials contained on its web site at any time without notice. Instrument Bible LLC does not, however, make any commitment to update the materials. We reserve the right to modify these Terms at any time without notice. We may periodically change these Terms when we come out with a new feature. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Whenever we make changes to these Terms, the changes are effective for one day after we post such revised Term. (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check Instrument Bible for changes to these Terms. If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.

Intellectual Property

We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We grant you the right to use it. However, unless we expressly state otherwise, your rights do not include:

  • (i) publicly performing or publicly displaying the Service;
  • (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof;
  • (iii) using any data mining, robots or similar data gathering or extraction methods;
  • (iv) downloading (other than page caching) of any portion of the Service or any information contained therein;
  • (v) reverse engineering or accessing the Service in order to build a competitive product or service; or
  • (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers.

Copyright, Trademarks,

All content included in or made available through any Instrument Bible Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Instrument Bible or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Instrument Bible Service is the exclusive property of Instrument Bible and protected by U.S. and international copyright laws.

Trademarks

INSTRUMENT BIBLE is a trademarks or of Instrument Bible LLC in the U.S. and other countries. Instrument Bible LLC trademarks may not be used in connection with any product or service without the express written consent of Instrument Bible LLC. All other trademarks not owned by Instrument Bible that appear in any Instrument Bible Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Instrument Bible LLC.

Patents

One or more patents owned by Instrument Bible LLC apply to our Services and its features, function, design, software architecture, and algorithms. Instrument Bible operates under license of Patents including U.S. Patent 62947733.

Intellectual Property Complaints

Instrument Bible LLC respects the intellectual property of others. If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances. Claims concerning copyright infringement must include the following information: A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Hyperlinks and Third Party Content

Instrument Bible LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Instrument Bible LLC of the site. Use of any such linked web site is at the user's own risk.

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent. INSTRUMENT BIBLE makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. If there is any content on the Service from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Your Content & Conduct

Our Service allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness. When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself. Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service. You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. We will retain web server access logs for a maximum of one year and then delete them.

You may not post, link and otherwise make available on or through the Service any of the following:

  • Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
  • Content that is illegal or unlawful, that would otherwise create liability;
  • Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
  • Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
  • Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code.

Also, you agree that you will not do any of the following in connection with the Service or other users:

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
  • Create an account or post any content if you are not over 13 years of age years of age; and
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

Your Account

You may need your own Instrument Bible account to use certain Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you discover or suspect any Service security breaches, please let us know as soon as possible. If you are under 18, you may use the Instrument Bible Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Instrument Bible Household. A Instrument Bible reserves the right to refuse service, terminate accounts, terminate your rights to use Instrument Bible Services, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Instrument Bible reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Instrument Bible a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Instrument Bible and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Instrument Bible for all claims resulting from content you supply. Instrument Bible has the right but not the obligation to monitor and edit or remove any activity or content. Instrument Bible takes no responsibility and assumes no liability for any content posted by you or any third party.

Electronic Communications

When you use Instrument Bible Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Instrument Bible Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Additional Instrument Bible Software Terms

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Instrument Bible Services (the "Instrument Bible Software"). Use of the Instrument Bible. You may use Instrument Bible Software solely for purposes of enabling you to use the Instrument Bible Services as provided by Instrument Bible, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Instrument Bible Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Instrument Bible Software in whole or in part. All software used in any Instrument Bible Service is the property of Instrument Bible or its software suppliers and is protected by United States and international copyright laws. Use of Third Party Services. When you use the Instrument Bible Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Instrument Bible Software, whether in whole or in part. Updates. We may offer automatic or manual updates to the Instrument Bible Software at any time and without notice to you. Government End Users. If you are a U.S. Government end user, we are licensing the Instrument Bible Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Instrument Bible Software are the same as the rights we grant to all others under these Conditions of Use. Conflicts. In the event of any conflict between these Conditions of Use and any other Instrument Bible or third-party terms applicable to any portion of Instrument Bible Software, such as open-source license terms, such other terms will control as to that portion of the Instrument Bible Software and to the extent of the conflict.

App Permissions

When you use apps created by Instrument Bible LLC, such as the Instrument Bible App or Metronome App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here .

Unavoidable Legal Stuff

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. IN NO EVENT WILL INSTRUMENT BIBLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO INSTRUMENT BIBLE. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Governing Law & Jurisdiction

Any claim relating to Instrument Bible shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the United, without regard to conflicts of law principles.

You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the United States and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the United States of America in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.

Entire Agreement

These Terms constitute the entire agreement between you and Instrument Bible LLC regarding the use of the Service, superseding any prior agreements between you and Instrument Bible LLC relating to your use of the Service. If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.

Questions & Contact

Questions or comments about the Service may be directed to us at the email address contact@instrumentbible.com. Please let us know what you think of the Service, these Terms and, in general, Instrument Bible. When you provide us with any feedback, comments about the Service, these Terms and, in general, Instrument Bible, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.