CODA MUSIC STANDARD TERMS OF USE
Last Updated: May 12, 2025
PLEASE READ THESE TERMS OF USE AND ALL OTHER POLICIES, AND DOCUMENTS REFERENCED HEREIN CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THE CODA SERVICE (DEFINED HEREIN) AND YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
ACCEPTANCE OF TERMS; MODIFICATION OF TERMS
Coda Music Inc. (“Coda,” “Company”, “we”, “us”, “our”) is a music streaming service owned, operated, and governed by its community of artists and fans (the “Coda Network").
Coda operates the website, https://codamusic.me/ (including, without limitation, all subdomains thereof, collectively the “Site”), and through each of the “Coda” branded desktop and mobile applications (collectively, the “App”, and together with the Site, the “Coda Service”).
These terms and conditions (these “Terms of Use”) and all other terms of service, terms and conditions, policies, guidelines, and documents incorporated by reference herein (collectively, but excluding these Terms of Use, the “Ancillary Documents”), which may be in effect and modified from time-to-time, including, without limitation, the Privacy Policy, constitute a legally binding agreement between Company and each registered or unregistered end user of the Coda Service (each, a “User”, “you” or “your”, and as described in more detail in the Ancillary Documents).
SIMPLY BY USING THE CODA SERVICE IN ANY WAY, SUCH AS VISITING, BROWSING, LISTENING TO, OR PUBLISHING CONTENT ON IT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO ABIDE BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE CODA SERVICE.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES; CLASS ARBITRATION, REPRESENTATIVE ARBITRATIONS, CONSOLIDATION OF ARBITRATIONS, AND COURT PROCEEDINGS INCLUDING CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
You must be at least thirteen (13) years old to access and use the Coda Service; provided, if you are between the ages of thirteen (13) and eighteen (18) years old (or any greater age required to have reached the age of majority under the applicable law of the state or jurisdiction of your primary residence), you may only access and use the Coda Service with the prior permission of your parent or legal guardian, and you represent and warrant to us that you have such permission and that your parent or legal guardian has reviewed and discussed the terms of use with you. If you do not have permission or do not agree with these terms, do not use the Coda Service. Since certain content (e.g., sound recordings that may contain explicit lyrics, etc.) made available on or through the Coda Service may not be suitable for minors, we recommend that parents or legal guardians who permit their child to access and use the coda service supervise such child’s activity, including, without limitation, any engagement with any content or other user.
The Coda Service is only available to users in certain jurisdictions who can use the Coda Service as permitted under applicable law. You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Coda Service. Without limiting the foregoing, by using the Coda Service, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; (b) you are not listed on any U.S. Government list of prohibited, sanctioned, or restricted parties; and (c) you reside in a country where the Coda Service is offered. If you access or use the Coda Service outside the United States or Canada, you are solely responsible for ensuring that your access and use of the Coda Service in such country, territory, or jurisdiction does not violate any applicable laws. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN), to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. We reserve the right, but have no obligation, to monitor the locations from which our Coda Service is accessed. Furthermore, we reserve the right, at any time, in our sole discretion, to block access to the Coda Service, in whole or in part, from any geographic location, IP addresses, and unique device identifiers, or to any user who we believe is in breach of these Terms or Ancillary Documents.
Company may change or amend these Terms of Use or any of the Ancillary Documents at any time at its sole and absolute discretion. In addition, from time to time: (i) Company may (a) implement changes to existing tools, products, services, functionalities, and/or features to the Coda Service, or release/introduce new tools, products, services, functionalities, features, and/or other updates to the Coda Service (collectively, “Updates”) or (b) release new versions of the Coda Service, in each case which may result in changes or amendments to the Terms of Use.
If Company makes a material change or amendment to the Terms of Use it will seek to deliver a notification of such changes or amendments on or through the Coda Service, email, or as otherwise reasonably appropriate, which changes, or amendments will be effective automatically upon such change. We therefore encourage you to review the Terms of Use fully and carefully and to check the Terms of Use periodically for any Updates. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding the terms of this paragraph, no revisions to the Terms of Use will apply to any dispute between you and Company that arose prior to the effective date of such revision.
All Updates to the Coda Service implemented by Company will be subject to the Terms of Use, and any additional terms and conditions as may apply to such Updates.
IF ANY PROVISION OF THE TERMS OF USE OR ANY FUTURE CHANGES OR AMENDMENTS ARE UNACCEPTABLE TO YOU, DO NOT USE OR STOP USING THE CODA SERVICE AND DO NOT CREATE/REGISTER OR CONTINUE TO MAINTAIN A USER ACCOUNT. YOUR CONTINUED USE OF THE CODA SERVICE FOLLOWING ANY CHANGE OR AMENDMENT TO THE TERMS OF USE OR THE ADOPTION OF ANY CHANGE OR UPDATE TO THE CODA SERVICE SHALL AUTOMATICALLY CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE, AMENDMENT OR UPDATE.
CODA USERS AND USER COMMUNICATION
Users who are permitted, in Coda’s sole discretion, to publish or otherwise make Content (defined herein) available on or through the Coda Service may be referred to as “Creator(s).”. Users who access, listen to, purchase and/or otherwise interact with Content made available by others on or through the Coda Service may be referred to as “Listener(s)”.
The Coda Service allows Users to connect with each other and engage with publicly and privately available Content. This includes features such as listening to, liking, sharing, commenting on, or reposting content created and published by Creators, and otherwise communicating.
You acknowledge and agree that the information that you provide to register your User Account and other User Data (such as your profile name and/or picture, city and state, social media handles (and, if applicable, “verified” social media status on either Twitter, Instagram or TikTok), certain Content that you like, which/how many Users you are following, which/how many Users are following your User Account, and any other content uploaded by you to the Coda Service through your User Account settings) will automatically become publicly viewable by all Users of the Coda Service and that you will not have the option of making such information and/or data private.
You are strictly prohibited from submitting any kind of “sensitive information” (which includes, for example, personal information specifying medical or health conditions or genetic data, government identification numbers [e.g., social security or passport number], financial account data, or trade union membership) through the Coda Service or providing Company with “sensitive information,” in any way. It is important to note that Company is not obligated to actively screen the information you provide.
The Coda Service may offer additional ways for Users to interact with features such as public forums or message boards via the Coda Service, Content rating systems, and other interactive community-based features. When communicating or interacting with other Users and/or the Content on the Coda Service, you will be identified by your User Account username or login identifier in public view. You are solely responsible for all of your interactions with the Coda Service, whether with other Users or Content. In your interactions with other Users and/or the Content, you agree to behave professionally, courteously and respectfully at all times. Under no circumstances will you harass, solicit, stalk, maliciously target, or make hurtful, defamatory, or derogatory comments towards, or engage in malicious conduct against, any other User and/or the Content. You acknowledge and agree that the Company is not responsible for the actions of any Users towards each other or the Content. Company does not actively monitor or police the specific interactions between Users or between Users and the Content (and is not obligated to do so). By using the Coda Service, you release, disclaim and hold Company harmless from and against any and all liability arising from a User’s interaction with, or conduct towards, any other User or Content (whether online or offline). Company reserves the right to determine, in its sole discretion, what constitutes harassment, mischief, or unacceptable conduct with or towards other Users or Content, and where that has occurred, and may in its sole discretion, report such User to the appropriate authorities to adjudicate such behavior.
You grant to Coda the right to allow the Coda Service to use the processor, bandwidth, and storage hardware on your personal computers, mobile handsets, tablets, speakers and other devices on which the Coda applications are operated in order to facilitate the operation of the Coda Service.
SUBSCRIPTIONS AND BILLING
Users may subscribe to the Coda Service by paying a subscription fee at regular intervals for continued access (such users may be referred to as “Subscriber(s)” and such subscriptions “Subscriptions”); multiple Subscribers (four (4) or less) may have a joint plan (a “Family Plan”). Subscribers will automatically receive a profile on the Coda Service, which will serve as an “activity log” for the Subscriber’s conduct on the service. A Subscriber’s activity will influence what type of content is recommended to that subscriber. Some subscriptions may begin with a free or discounted period (a “Trial”), which will automatically renew upon expiration of the Trial at the full subscription price listed during registration unless you cancel your Subscription before the Trial ends. Any attempt to use or redeem more than one (1) Trial without Coda’s express consent will be considered a material breach of these terms, and Coda may cancel your Subscription or charge you for access during your Trial. Coda may change Subscription fees and notify you before the billing period in which such change will be effective. By continuing to use the Coda Service after the change takes effect, you will have accepted the new price.
A Coda Subscription may be provided through a third party. The terms for such third-party subscription may differ from the terms set out in this Agreement, and you are solely responsible for reviewing such terms. For information on or to cancel such third-party Subscription, you must contact the third-party provider.
You must provide a current, valid method of payment accepted by Coda to sign up for a Subscription. By providing a payment method in connection with a Subscription, you authorize Coda to charge you for your Subscription as well as any fees imposed by your payment provider. You represent and warrant that all information provided as part of your payment method is true and accurate, and Coda may cancel your Subscription if your payment method fails.
If you wish to cancel your Subscription that is not a third-party Subscription, you may do so by navigating to the account settings and selecting the option to “Cancel Account.” Cancellation will take effect the last day after your current billing period. Coda has no obligation to refund any fees paid to us, including for any Subscription, unless otherwise required by law or explicitly by the terms of this Agreement.
Fees you pay to Coda may be subject to Taxes. “Taxes'' include any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, sales, use, value-added, goods and services, consumption, or other similar taxes, telecommunications taxes, withholding taxes, duties, levies, fees, excises or tariffs imposed by any federal, state, foreign, provincial or local governmental taxing authority. Fees advertised by Coda in the United States and Canada are exclusive of Taxes. In the event that Taxes are applicable to any fees and Coda is required to collect Taxes, Coda may calculate and present such Taxes to you, which you agree to pay.
ARTIST PAYMENT
Company may, in its sole discretion, make available funds to artists as part of its artist fund (“Artist Payments”). Company may base its provision of Artist Payments on actions taken by you, including, without limitation, selections in your profile. However, Company will not be obligated to make any Artist Payments under any condition and may alter, change, or end the Artist Payments program at any time without notice to you.
CODA SERVICE LICENSE
Company hereby grants each Subscriber a limited, non-exclusive, revocable,non-transferable, non-assignable, non-sublicensable, right and license to access and make personal use of the Coda Service, the Coda Service Elements (defined herein), and the Content, solely as permitted by the tools, products, services, functionalities and/or features made available to Users of the Coda Service, subject in all respects to the Terms of Service, and not for redistribution of any kind (the “Coda Service License”). This Coda Service License does not include any resale or, except as expressly set forth in herein, commercial use of (i) the Coda Service, (ii) any User Data (defined herein), (iii) any content, material, information, data, Trademarks, Coda Service pages, software, code, and other original works of authorship and/or intellectual property (including, without limitation, any applicable copyrighted works) uploaded to, or incorporated into, the Coda Service by or on behalf of Company (collectively, “Coda Service Elements”), which Coda Service Elements are and shall remain the sole and exclusive property of Company (or the applicable third- party licensor thereof), or (iv) any Content published or otherwise made available on or through the Coda Service. Coda reserves all rights not expressly granted to you in this Agreement. The Coda Service and the Content are the property of Coda and Coda’s licensors. Any use of Content for any purpose in connection with artificial intelligence or machine intelligence technologies or services is prohibited without a license from the applicable rights holders. Access to and availability of certain Content, features and functionalities of the Coda Service may vary from device to device, and may be affected by a variety of factors, such as your locations and applicable license restrictions.
Violation of these Terms of Service may result in infringement of intellectual property and contractual rights of the Company, other Users of the Coda Service, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
CODA USER ACCOUNT; USER DATA
While Users are welcome to browse the public parts of the Coda Service and listen to most Content on the Coda Service without setting up a User Account (defined herein), to make the most of the Coda Service, you’ll need to set up a registered User profile account (a “User Account”).
You agree to create only one (1) unique User Account and that you shall be the sole authorized user of your User Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, profile name and photo/image, and to create a User Account login password (collectively, “User Data”). You may not provide User Data that (a) misleads or deceives others as to your personal identity; (b) clearly consists of the name of a company, group, product or brand that you don’t have permission to use; or (c) violates any other terms of this agreement. You additionally agree to (i) to restrict access by any other person or entity to your password or other login information and not allow any third-party to use your login information, User Data or User Account, (ii) to not re-create any new or additional User Account in the event your original User Account is suspended or terminated in accordance with the terms hereof, and (iii) to not create an User Account using a “bot” or any other form of automated fake profile creation. You agree that you will be liable for all activities that occur under your User Account, even if such activities were not committed by you. Company is not responsible for any loss or damage as a result of someone else using your User Account, User Data, or password with or without your knowledge. Company has the right to use your User Data in connection with the Coda Service, as outlined in more detail in our Privacy Policy https://codamusic.me/privacy/.
User Data also includes your location by city and state, which you have the option to remove from your User Account profile at any time. You may also link your User Account to social media accounts in our sole discretion, through your User Account settings options by a URL, which would be considered User Data. You agree and represent and warrant that all User Data you provide to Company will be and remain at all times true, accurate, current and complete. Company may occasionally update or add information fields to the User Data required for creating a User Account. You agree to promptly fill out any new or modified information fields as requested by Company.
LISTENERS
If you are accessing and using the Coda Service in your capacity as a Listener, you hereby acknowledge and agree that unless expressly approved by any applicable Creator who has opted into, or turned on, any applicable Coda Service feature and functionality settings that allow for this, and subject in all respects to the Terms of Use and any other terms and conditions or other restrictions applicable to such Creator opt-in and/or permission grant, you may only make personal and non-commercial use of the Content published to the Coda Service by Creators, and you may not sell, license, rent, or otherwise exploit any such Content for commercial purposes or in any way that violates the Terms of Use or the rights of any third-party.
Content Defined
As used herein and throughout the Terms of Use, “Content” shall mean all sound recordings, musical compositions (including lyrics), photographs, cover art, images, metadata, information, text, graphics, designs, and any other content, material, original works of authorship, and/or intellectual property that is published or otherwise made available on or through the Coda Service by a User.
User Content License
If you provide Content to the Coda Service, you hereby represent and warrant to Company that: (i) all Content that you publish or otherwise make available on or through the Coda Service is your original work of authorship for which you are the sole and exclusive owner, or that you have obtained all licenses, consents, releases, and other permissions from the applicable third-party owner(s) thereof as may be necessary to grant Company the Content License (defined below) in and to such Content hereunder, and (ii) the use of such Content by Company and/or any other User or sublicensee of Company, does not, and will not, violate any applicable laws or the rights of any third-party, including, without limitation, any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or proprietary right.
Each Creator retains all right, title and interest in and to any Content (including all copyrights and other intellectual property rights related thereto or contained therein) that it publishes or otherwise makes available on or through the Coda Service; provided, however, that each such Creator hereby grants to Company and its affiliates, successors, licensees, and assigns, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferrable, assignable, sublicensable (through multiple tiers) right and license to use, copy, reproduce, display, distribute, publish, publicly perform, transmit, modify, adapt, make derivative works of, make collective works with, translate, and otherwise exploit (i) such Content (including all copyrights and other intellectual property rights related thereto or contained therein) and (ii) such User’s name, image, voice, likeness, profile information, and biographical material (as applicable), and any other right of publicity/privacy held by such Creator in connection with such Content, in any and all media now known or hereafter discovered, in connection with the Coda Service and other third-party services using an API provided by Coda (including, without limitation, the operation thereof and the provision of any tools, products, services, functionalities and/or features now or in the future offered in connection therewith), the advertising, marketing, promotion, publicity, and merchandizing of the Coda Service and any products and services related thereto, and to identify such Creator as the source of the applicable Content (collectively, the “Content License”).
For the avoidance of doubt,you are granting Company, the other Users, the right to use your Content without the obligation to pay royalties to any third-party
Each Creator acknowledges and agrees that the Coda Service enable Listeners to post hyperlinks to certain Content onto third party websites/applications, social media channels, and messaging platforms and that the Content License granted to us hereunder is provided on a through-to-the-audience basis, meaning the owners or operators of such third party websites/applications, social media channels, and messaging platforms will not have any separate liability to any Creator or any other third-party as a result of any such Content hyperlinks being uploaded to its service/platform.
By uploading any Content to the Coda Service, each User waives any rights to prior inspection or approval of any marketing or promotional materials for the Coda Service that relate to such Content. Each User also waives any and all rights of privacy, publicity, or any other rights of a similar nature in connection with its Content, or any portion thereof, in connection with the use thereof as contemplated herein. To the extent any moral rights are not transferable or assignable, each User hereby waives and agrees never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that it may have in or with respect to the use of any Content published or otherwise made available on or through the Coda Service in accordance with the Terms of Use.
OWNERSHIP OF CODA SERVICE IP; TRADEMARKS
As between you and Company, Company retains all right, title and interest in and to the Coda Service, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Coda Service, (iii) all other materials and content uploaded or incorporated into the Coda Service, including, without limitation, all Coda Service Elements (as defined in the Terms of Use), but excluding Content uploaded through the Coda Service (as defined in the Terms of Use) displayed via the Coda Service, which as between Company and the applicable Creator is owned by the applicable Creator subject to the Content License granted to Company pursuant to the Terms of Use, (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and (v) the coordination, selection, arrangement and enhancement of the foregoing as a “Collective Work” under the United States Copyright Act, as amended (collectively, “Coda Service IP”), and nothing contained herein shall be construed as creating or granting to you any right, title or interest in and to such Coda Service IP other than the express license granted therein to Users pursuant to the Service Terms. Coda Service IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.
The Company trademarks, service marks, and logos (the “Company Trademarks”) used and displayed on the Coda Service are the Company’s registered and unregistered trademarks or service marks. Other product and service names used and displayed on the Coda Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Company Trademarks, the “Trademarks”). Except as otherwise permitted by applicable law, you may not use the Trademarks to disparage Company or the applicable third-party owner thereof, the Company’s or the applicable third-party’s products or services (including, without limitation, the Platform), or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Coda Service without Company’s prior express written consent. All goodwill generated from the use of any Trademark will inure solely to the benefit of the Company or the applicable third-party owner thereof.
THIRD PARTY NOTICES, CONTENT AND COMMUNICATIONS
Company disclaims all liability for any communications directed to you from any third-party, directly or indirectly, in connection with the Coda Service (“Third-Party Communications”) that you may receive, and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third- Party Communications.
The Coda Service includes third-party content, third-party integrated API service providers, and links (such as hyperlinks) to third-party websites, products, or services (including external websites that are framed by the Coda Service as well as any advertisements displayed in connection therewith) that are not owned or controlled by Company (collectively, “Third-Party Content”). Such Third-Party Content is provided as an information service, for reference and convenience only. Company does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products or services. Company does not make any representations or warranties with respect to any Third-Party Content and all use thereof is provided on an “as is” and “as available” basis and your use thereof is at your own risk. Inclusion of any Third-Party Content on the Coda Service does not constitute or indicate Company’s endorsement thereof and Company shall not be liable or responsible for any Third-Party Content transmitted through the Coda Service. You shall be subject to any additional terms and conditions of use, guidelines, rules, or governance protocols applicable to any Third- Party Content that you access or otherwise interact with through the Coda Service (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into the Terms of Use. You acknowledge and agree that Company will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for, and risk associated with, your use of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, Company encourages you to be aware when you leave the Coda Service and/or access or otherwise interact with Third-Party Content via the Coda Service and to read the terms and conditions of use and privacy policies associated with any such Third-Party Content.
By using the Coda Service, you expressly relieve and hold Company harmless from any and all liability arising from your interaction with any Third-Party Communications and access and/or use of Third-Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content on the Coda Service or the failure of such Third-Party Content to function as intended. It is your sole responsibility to evaluate the content and usefulness of the information obtained from Third-Party Content.
By providing us with your email address and using the Coda Service, you hereby affirmatively consent to the use of your email address for notifications from us regarding important Coda Service announcements and other administrative communications related to your use of the Coda Service, various services and functionalities offered thereon, as well as certain marketing and other advertising communications from us and from our third-party advertising partners, as more fully set forth in our Privacy Policy. Additionally, you acknowledge that your information may be shared with Creators. You acknowledge that Company has no control over Creators’ use of personal information about Listeners, such as your email address, and you further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Creators’ use of such information. You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain service and other administrative notifications related to the Coda Service, your only way to opt out of such messages is to stop using and delete the Coda Service, and terminate your User Account.
LIMITATIONS ON USE
The Coda Service may not be used, modified, reproduced, duplicated, copied, published, distributed, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to Users of the Platform, subject to the Terms of Use, or without the express prior written consent of Company or the applicable owner of Third-Party Content, in each instance.
Without limiting the foregoing, while using the Platform, you may not:
If you encounter any Content uploaded by other Users that violates, or learn of any User who has violated, these Terms of Use and any of the Coda Service usage restrictions set forth above, please email Company at support@codamusic.net or inform us through the applicable reporting functionality offered via the Coda Service. Company may, but is not obligated to, take appropriate investigative and legal action for any illegal or unauthorized use of the Coda Service. You acknowledge that violation of any of the restrictions set forth in this Terms of Service may subject you to third-party claims and none of the rights granted to you in the Terms of Use may be raised as a defense against any third-party claims arising from any such violation.
UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to a User’s User Account, including, but not limited to, username, e-mail addresses, usage history, uploaded Content, IP addresses, and traffic information.
We also reserve the right, in our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of the Terms of Use or any other act or omission by you that gives rise to a claim by Company.
If we believe that your use of the Coda Service or any Content published or otherwise made available by you through the Coda Service violates these Terms of Use, we may also contact you directly and request that you promptly cure your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Company.
We further reserve the right, in our sole discretion and without notice or liability to you, to permanently or temporarily disable your User Account or permanently or temporarily remove any Content that you upload via the Coda Service, at any time for any reason with any conditions, including, but not limited to, if we believe that you have violated or acted inconsistently with these Terms of Use or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable in our sole discretion. We may also disable your User Account or remove any Content you upload via the Coda Service, if you file any claim against Company or file any claim that involves the Coda Service. If we terminate, limit, or suspend your right to use the Coda Service, you are prohibited, without Company’s prior written consent, from registering and creating a new User Account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party.
You may terminate the Terms of Use at any time by deleting your User Account and ceasing all use of the Coda Service. Please note that deleting your User Account may not remove certain Content that you’ve uploaded, aggregated and/or curated. This means that metadata and file references with respect to certain Content that you have previously uploaded as a Creator, or liked, aggregated, or curated as a Listener, may remain on the Platform. For more information about our data deletion policies and practices in connection with the deletion of your Account, please visit our Privacy Policy. If you wish to delete your User Account, please login to your User Account on the Coda Service, and once inside your User Account profile, select “Delete Account”.
Notwithstanding the foregoing, whether you voluntarily terminate your User Account or your right to use the Coda Service is terminated, limited, or suspended, all sections of the Terms of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of the Terms of Use, including, without limitation, your warranties and representations, obligation to indemnify Coda, and Content License.
CLAIMS OF ALLEGED INTELLECTUAL PROPERTY INFRINGEMENT ON THE CODA SERVICE AND THE DIGITAL MILLENNIUM COPYRIGHT ACT
In the event of alleged infringement of any party’s copyright with respect to any Content published or actions taken on or through the Coda Service by Creators, Company’s liability is limited as a transitory digital network communication service provider under the Online Copyright Infringement Liability Limitation Act (i.e., Title II of the Digital Millennium Copyright Act, 17 U.S.C. § 512 [the “DMCA”], as amended from time to time).
Company respects the intellectual property rights of others and expects all Users to do the same and reserves the right to take any actions that it deems appropriate and that are within its control to protect against copyright infringement on the Coda Service. Therefore, notwithstanding the foregoing, and in full reservation of Company’s rights as a transitory digital network communication service provider under the DMCA and all other rights available to Company under applicable law and in equity, if you believe in good faith that Content is being linked to, and made available on, the Coda Service in a manner that infringes upon your copyright and are otherwise unsuccessful in causing the applicable User to remove such Content directly, you may send Company a notice to copyright@codamusic.net with the below information, and upon receipt of such notice, Company will (i) remove the allegedly infringing Content identified in such notice from the Coda Service and/or use commercially reasonable efforts to cause the applicable Creator who originally uploaded such Content to remove such Content from the Coda Service solely by using the “delete” Content functionality in such User’s account settings.
United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
CODA SERVICE ACCESS REQUIREMENTS; UPDATES AND MAINTENANCE
Access to and use of the Coda Service requires a compatible mobile device/web browser and internet connection. It also requires that we have access to your device identifier and location information. Although we are working to ensure that the Coda Service is compatible across various devices, we cannot guarantee that the Coda Service will work with all devices.
It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Coda Service may vary in functionality, availability and quality depending on the type of the device and the operating system that you use, and Company accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
It is your responsibility to pay for all costs and expenses that you may incur while using the Coda Service (including, but not limited to, all telephone call or line charges or Internet data service access charges).
Your access to the Coda Service may be interfered with by numerous factors outside of Company’s control including, but not limited to, issues with the call link connecting the Coda Service to telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. Company is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Coda Service. In addition, perfect security does not exist on the Internet; Company cannot and does not guarantee that any User Account Data or other personally identifiable information submitted to the Coda Service and selected by you to remain private (as applicable) will not become public under any circumstances.
Company shall not be liable to any User in any way as a result of any temporary or permanent suspension of the Coda Service due to (i) repair or maintenance or (ii) implementation of any Update, including, without limitation, any tools, products, services, functionalities, or features thereof arising from or in connection with such Update. Furthermore, Company is under no obligation to undergo an Update of the Coda Service to the extent any Coda Service Elements, Content and/or other tool, product, service, functionality, or feature thereof are out of date. The terms of the Coda Service License granted to you hereunder shall apply in full to any Update. Following an Update, you may not be able to use the Coda Service until you have downloaded the latest version and accepted any new terms.
USER REPRESENTATIONS AND WARRANTIES
You represent and warrant that that you have the right, authority, and capacity to enter into, and to be bound by, the Terms of Use and to abide by the terms and conditions of the Terms of Use, and that you will so abide.
You, in your Capacity as a User, represent and warrant that: (i) (1) all User Data and (2) other information that you submit onto, or link to, the Coda Service, is true, accurate, current and complete, and will be submitted solely by you; (ii) you are the sole owner of all right, title and interest in, or have obtained all necessary rights and licenses from the applicable third-party owner of, any Content, or other information you submit or upload or link to the Coda Service to grant Company the rights set forth herein, free and clear any of further payment or attribution requirements; and (iii) that such Content, and other information, when used for the purposes in which it is submitted onto or uploaded or linked to the Coda Service, does not infringe upon the rights of any third-party, including, without limitation, contract rights, intellectual property rights, proprietary rights and rights of publicity/privacy, will not create liability for Company or cause Company to lose (in whole or in part) the services of its Internet service providers (ISPs) or other partners or suppliers, and will otherwise comply with the terms herein. You acknowledge and agree that you shall be solely responsible for all User Data, Content, and other information that you post, upload, link to, publish, exchange, or display onto the Coda Service and that Company reserves the right to reject, refuse to post, edit, modify, remove all or a portion of any such User Data, Content, or other information from the Coda Service that Company determines, in its sole discretion, does not comply with the Terms of Use, or for any other reason, without notice or liability to you.
DISCLAIMER OF WARRANTIES
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW EXCLUSION OF IMPLIED OR LEGAL WARRANTIES OR LIMITATION OF CERTAIN DAMAGES, SO THE BELOW LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE ADDITIONAL RIGHTS, SUCH AS LEGAL WARRANTIES PROVIDED BY LAW.
YOUR USE OF THE CODA SERVICE IS ENTIRELY AT YOUR OWN RISK. THE CODA SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTNESS, COMPLETENESS, OR RELIABILITY OF THE CODA SERVICE, ANY CODA SERVICE IP OR CONTENT OR MATERIAL PROVIDED THROUGH THE CODA SERVICE, THIRD-PARTY CONTENT LINKED TO THE CODA SERVICE AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR (I) ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE CODA SERVICE OR (II) ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF DISCOVERY API INTERFACES, APPLICATIONS, OR PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE CODA SERVICE WILL BE UNINTERRUPTED OR THAT THE CODA SERVICE WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THE FOREGOING PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE CODA SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUCTED TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO CODA SERVICE; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE CODA SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, VENDORS, THIRD-PARTY LICENSORS, CORPORATE PARTNERS, PARTICIPANTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “COMPANY PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE CODA SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY COMPANY PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER OF FEES PAID BY YOU TO CODA DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST CLAIM OR ONE HUNDRED U.S. DOLLARS ($100.00).
ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY ARISING OUT OF YOUR USE OF THE PLATFORM, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY, AND YOU IRREVOCABLY RELEASE THE COMPANY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL)OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The laws of certain jurisdictions, including Quebec’s Consumer Protection Act, do not allow exclusion of implied or legal warranties or limitation of liability or of damages, so the above limitations or exclusions may not apply to you. You may have additional rights, such as legal warranties provided by law. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law, and you may have additional rights. To the fullest extent permitted by law, the liability of Coda arising from any error or other circumstance that may give rise to liability in relation to the Coda Service shall – except for instances of any fraud, or fraudulent misrepresentation, death or personal injury caused by Coda’s or Coda’s employees, agents or sub-contractors negligence, gross negligence and willful misconduct (where such instances may not be limited or excluded under applicable law)- be limited to the amount paid by you for access to the Coda Service in the relevant month.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless, the Company Parties, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: (i) any alleged breach of any representation, warranty, covenant or obligation of yours under the Terms of Use, including any Ancillary Documents; (ii) your violation of any applicable law or regulation or the rights of a third party; any User Data or Content, or other information posted by you onto, or uploaded or linked by you to, the Coda Service or (iii) your violation of any third-party right, including, but not limited to, any copyright or other intellectual property right.
GOVERNING LAW; DISPUTE RESOLUTION
Governing Law. The Terms of Use are governed by and construed in accordance with the internal laws of the State of New York, without reference to principles of conflicts of laws. If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, the below arbitration and dispute resolution provision applies to you:
Disputes. You and Company agree that any dispute, claim or controversy arising out of or relating to the Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform, including, without limitation, any Content contained in connection therewith (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and Coda reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding against Company. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. This "Dispute Resolution" section will survive any termination of the Terms of Use.
Arbitration Rules. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to the Terms of Use or to your use (or inability to use) of the CODA SERVICE shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of the Terms of Use. The Supplementary Procedures are available online at www.adr.org. In accordance with the AAA Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. To the extent that the arbitrator deems reasonable, the arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the State of New York. The arbitrator’s decision shall be based upon the substantive laws of the State of New York without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. The foregoing shall not preclude Company from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts without regard to your right to opt out of any arbitration requirements.
You may reject this arbitration provision, in which case only a court may be used to resolve any dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you create a Coda account or we first provide you with the right to reject this provision.
The Opt Out must be sent by email to support@codamusic.net with the subject “Arbitration Opt Out.” For your convenience, we are providing an opt out notice form you must fill in to Opt Out, form can be found here: https://codamusic.me/arbitrationOptout/. You must complete this form by providing your name, address, phone number and the email address(es) you used to sign up and use the Coda Service. This is the only way of opting out of this provision. Opting out will not affect any other aspect of the Agreement, or the Coda Service, and will have no effect on any other or future agreements you may reach to arbitrate with us.
Changes. Notwithstanding Company’s right to amend or modify the Terms of Use, if Company changes this "Dispute Resolution" section after the date you first accepted the Terms of Use (or accepted any subsequent changes to the Terms of Use), you may reject any such change by sending us written notice (including by contacting us at support@codamusic.net) within 30 days of the date such change became effective, as indicated in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted the Terms of Use (or accepted any subsequent changes to the Terms of Use).
You agree that regardless of any applicable statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Coda Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever and fully barred.
NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Company by the Terms of Use.
ASSIGNMENT
Company may freely assign, delegate, sub-contract and/or otherwise transfer any or all of its rights and/or obligations under the Terms of Use to any company, firm, or person. You may not transfer your rights or obligations under the Terms of Use to anyone else.
WAIVER AND SEVERABILITY OF TERMS; ENTIRE AGREEMENT
Failure by Company to enforce any provision(s) of the Terms of Use will not be construed as a waiver of any provision or right. If any provision of the Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. The Terms of Use incorporate by reference any notices contained on the Coda Service and constitute the entire agreement with respect to access to and use of the Coda Service.
TERMINATION OF THE CODA SERVICE
Company reserves the right to terminate its owned and controlled Coda Service for any reason, without notice, at any time.
FEEDBACK
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending us or our employees any ideas for services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending us Feedback, you agree that: (i) Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Company is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Company a perpetual, irrevocable, royalty-free and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the- audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
PRIVACY
Your privacy is very important to us. To understand our practices, please review our Privacy Policy at https://codamusic.me/privacy, which is incorporated by reference into the Terms of Use and also governs your use of the Platform. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.
CONTACT
General questions or comments about the Coda Service or the Terms of Use should be sent either by email to support@codamusic.net.