Terms of Service

Last Updated: October 26, 2023

Welcome to xylophone.pro. These Terms of Service ("Terms") govern your access to and use of the xylophone.pro website, services, and any related applications (collectively, the "Service"). The Service is provided by xylophone.pro ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to both you personally and the organization.

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.

2. Use of Service

2.1 Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf.

You represent that you are legally permitted to use the Service in your jurisdiction and that your use does not violate any applicable law.

2.2 Account Registration

Access to certain features of the Service may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We do not guarantee that the Service will be available at all times, uninterrupted, secure, or error-free.

2.4 Prohibited Uses

You agree not to use the Service:

• For any unlawful purpose or to promote illegal activities.
• To harass, abuse, threaten, or impersonate any person or entity.
• To infringe upon or violate our or any third party's intellectual property rights, privacy rights, or other proprietary rights.
• To upload, transmit, or distribute any viruses, malware, or other malicious code.
• To interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• To attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• To use any automated system, including "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to our servers than a human could reasonably produce in the same period.
• To use the Service for any high-risk activities where failure or fault could lead to death, serious personal injury, or significant environmental or property damage.

3. User Responsibilities

3.1 User Content

You are solely responsible for any content, data, or information you upload, post, transmit, or otherwise make available through the Service ("User Content"). You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content solely for the purpose of operating, promoting, and improving the Service.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate these Terms or any third-party rights.

3.2 Conduct

You agree to use the Service in a respectful and lawful manner. You are responsible for your conduct and User Content while using the Service.

3.3 Compliance

You agree to comply with all applicable local, state, national, and international laws and regulations while using the Service.

4. Intellectual Property

4.1 Our Property

The Service and its original content (excluding User Content), features, functionality, design, and layout are and will remain the exclusive property of xylophone.pro and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

4.2 User Content License

As stated above, by submitting User Content, you grant us the license to use it for service-related purposes. We do not claim ownership of your User Content.

4.3 Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Service, please notify our designated copyright agent at the contact information provided below. Your notice must comply with the Digital Millennium Copyright Act (DMCA).

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XYLOPHONE.PRO, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE