Notes.fm Terms of Use
Last Modified: May 28, 2026
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Notes Frequencies, Inc. (“Notes,” “we,” “us,” or the “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of Notes.fm, including any content, functionality, and services offered on or through Notes.fm (the “Website”), whether as a guest or a registered user. The “Subscriptions” section provides additional terms that apply to registered users who subscribe to Notes’s services (“Subscribers”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at notes.fm/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Notes. If you do not meet this requirement, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Accessing Notes.fm and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
You are responsible for both:
- making all arrangements necessary for you to have access to the Website; and
- ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You are solely responsible for any activity on your account. You acknowledge and agree that we may rely on any instructions or information we receive through your account on the Website using valid login credentials. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. To the fullest extent permitted by applicable law, you agree that Notes is not responsible for any unauthorized use of your Website account.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Subscriptions
- Subscribers
Subscribers are registered users who subscribe to Notes’s services, such as by paying for a Subscription. The terms laid out in this section (the “Subscriptions” section of these Terms) apply only to Subscribers.
- Payments
The Subscriber is solely responsible for paying any fees (and taxes, as applicable) associated with their Subscription. Notes reserves the right to change Subscription prices at any time. If you cancel your Subscription, Notes will cease to provide you with Subscription-related services at the end of the service period for which you have paid. No refunds will be issued for canceled Subscriptions.
When you subscribe to Notes’s services, you agree to provide Notes and its third-party payment processor with complete and accurate payment method information. You agree that your Subscription will renew automatically unless canceled. If you fail to pay any charges, such as your Subscription fee, Notes may cease to provide you with services.
Notes uses Stripe, Inc. and its affiliates (“Stripe”) as a third-party payment processor to process Subscription payments and related billing. By purchasing a Subscription, you authorize Notes and Stripe to charge your payment method for applicable fees, taxes, and recurring charges as described in these Terms of Use.
We may change Subscription prices at any time at our sole discretion. However, once you pay for a Subscription for a fixed term, we will not alter the price of the Subscription for that term.
Your Subscription may renew automatically at a regular time interval. Upon renewal, your existing payment method will be charged at the then-existing Subscription price. If you did not intend to renew your Subscription and/or do not agree to the price at which your Subscription renewed, you must cease using Notes’s Subscription-based services and contact support@notes.fm.
If you owe us Subscription fees or any other amounts under these Terms of Use and fail to ensure prompt payment, you hereby grant us a security interest in your accrued royalties and authorize us to deduct the amount you owe from such accrued royalties.
- Dashboard and Media Platforms
Subscribers are granted access to a dashboard that provides information regarding royalty revenue derived from the Subscriber’s creative works. In order to provide this information, the Website may request your login credentials, such as a username and password, for one or more third-party services from which royalties may be received (“Media Platforms”). Media Platforms may include, without limitation, music publishers, record labels, media distributors, performing rights societies, and other organizations/parties.
When you provide your login credentials for a Media Platform—or any other information related to the Media Platform—you grant Notes a limited power of attorney to access the Media Platform on your behalf, and you represent that you have the authority to do so. Such access may include but is not necessarily limited to: accessing the Media Platform on your behalf, modifying your account and/or data on the Media Platform on your behalf, obtaining data from the Media Platform on your behalf, collecting royalties from the Media Platform on your behalf, and taking any other action on the Media Platform on your behalf that is reasonably necessary to provide Notes’s services.
Notes is not responsible for (a) the accuracy, completeness, or timeliness of information obtained from third parties, including Media Platforms, (b) any monetary charges issued by or from the Media Platforms, or (c) Media Platforms’ actions or inactions.
The Website’s dashboard obtains information from Media Platforms you have linked to your account. You acknowledge that the dashboard’s functionality and accuracy depend on the Media Platforms’ availability and functionality, each of which is not under Notes’s control. We may, in our sole discretion, stop providing services with respect to a Media Platform at any time. In some cases, a Media Platform may modify or halt their services—for example, by instituting an application programming interface (API) change—which may affect information availability on Notes’s dashboard. Notes is not liable to you or any third party for such changes.
- Music Distribution Services
Notes may offer music distribution services that allow eligible Subscribers to distribute recordings and associated metadata through third-party platforms, including LabelGrid and Spotify (“Distribution Partners”). Notes acts as the distributor of record and may engage Distribution Partners as delivery partners and sub-processors.
By using Notes’ distribution services, you grant Notes a non-exclusive, worldwide license to reproduce, distribute, publicly perform, and make available your recordings and associated metadata through the Distribution Partners’ platforms for the purpose of delivering your content and collecting royalties on your behalf. You retain full ownership of your recordings, and Notes holds only the limited licenses necessary to provide distribution services.
You represent and warrant that you own or control all rights to any content you submit for distribution, including all necessary clearances, sync rights for audiovisual content, and any other permissions required by Distribution Partners’ guidelines. You are solely responsible for ensuring that your content complies with each Distribution Partner’s content guidelines and applicable law.
Notes is not liable for any actions or decisions by Distribution Partners, including but not limited to content takedowns, content identification claims, royalty delays, deductions for artificial streaming, or other platform-side determinations. Distribution Partners may continue to collect royalties for a limited period following content removal.
Upon termination of your account or discontinuation of distribution services, your recordings may remain available on Distribution Partners’ platforms for a limited period to allow for royalty settlement, after which they will be removed. Additional terms regarding distribution services, including any applicable fees, may be presented during enrollment.
- Royalties and Financial Accounts
To receive royalty payouts you must enroll in Stripe Connect and link your bank account or open a financial account made available through Stripe (“Financial Account”). Notes is not a bank, money transmitter, or any other type of financial institution. All regulated financial services are provided by third-party financial institutions. Specifically, Notes partners with Stripe for money transmission services and account services, with funds held at Fifth Third Bank, N.A., member FDIC.
Notes or Stripe may impose limitations or restrictions on the use of linked financial accounts or Financial Accounts at our, or their, sole discretion. To the extent that Notes imposes any such limitations or restrictions, we will use commercially reasonable efforts to notify you prior to any change in such limits. Additionally, we may take any action to protect us and the security and integrity of the Website and associated services, in our sole discretion, including without limitation, suspending or placing a hold on your royalty payouts or Website account, subject to applicable law.
If Notes is served with any legal process, including without limitation a subpoena, warrant, attachment, tax levy, garnishment, or other order issued by a court or government agency relating to your account, we may comply with such legal process. Compliance with such legal process may involve freezing or seizing some or all of the royalties associated with your account. Notes shall not be liable to you for any losses or costs you experience as a result of our complying with legal process.
You are solely responsible for paying any taxes applicable to your royalty payouts. Notes shall not be responsible for determining whether taxes apply to your royalties or payout transactions. However, notwithstanding the foregoing, we have the right but not the obligation to report royalties you receive through the Website to any applicable taxing authority, to issue tax reporting forms to you, and to collect any information necessary to carry out these actions.
You or Notes may close your Website account at any time for any reason. You acknowledge and agree that closing your account will not affect any obligations or liabilities incurred by you prior to the closure. Closing your account may terminate your access to Stripe Connect and/or Financial Accounts, subject to Stripe’s terms and conditions. If you have unpaid royalties at the time of your account closure, we may require you to provide financial account information and transfer instructions to ensure you receive such royalties or we may, at our option, instruct Stripe to process a royalty payout through Stripe Connect or Financial Accounts, as appropriate.
i. Stripe Connect
The Stripe Connect payment processing services are subject to the Stripe Connected Account Agreement (https://stripe.com/legal/connect-account). By selecting Stripe Connect to receive royalties through the Website, you agree to be bound by the Stripe Connected Account Agreement, as may be modified by Stripe from time to time. As a condition of Notes enabling such services, you agree to provide accurate and complete information about you and your business, and you authorize Notes to share it and transaction information related to your use of the services provided by Stripe.
To use Stripe Connect, you must link your account to one or more external accounts that you own at a depository financial institution. Your request to connect a linked account to Stripe Connect through the Website is subject to verification and approval. You represent and warrant that you own and are authorized to access each such linked account. You also agree to ensure that all linked account information is at all times accurate, complete, and up to date; neither Notes nor Stripe shall be liable for any loss, expense, or harm of any type that results from your failure to maintain complete and accurate linked account information.
ii. Financial Accounts
Financial Accounts are subject to Stripe’s Financial Accounts for Platforms Terms - Connected Accounts (https://stripe.com/legal/ssa-services-terms#stripe-financial-accounts-for-platforms-formerly-stripe-treasury-connected-accounts) and the Stripe Services Agreement (https://stripe.com/legal/ssa), as well as any additional accountholder, bank-partner, and program terms presented during onboarding. Financial Account services are provided through Stripe and its financial institution partners and are subject to eligibility and geographic limitations.
Financial Accounts may be eligible for FDIC pass-through deposit insurance if they meet certain requirements. Financial Accounts are eligible only to the extent pass-through insurance is permitted by the rules and regulations of the FDIC, and if the requirements for pass-through insurance are satisfied. The FDIC insurance applies up to 250,000 USD per depositor, per financial institution, for deposits held in the same ownership category. Neither Notes nor Stripe is an FDIC-insured institution. The FDIC’s deposit insurance coverage only protects against the failure of an FDIC-insured depository institution.
Notes does not impose any fees on the use of Financial Accounts other than your Subscription fee.
Notes offers a rewards program in connection with eligible Notes Financial Accounts (“Rewards Program”). Eligible customers may receive rewards at a rate currently set at 1% annually based on qualifying account balances, calculated daily and credited monthly to the applicable Financial Account. Rewards are promotional incentives only and do not constitute interest, yield, or a return on investment. Notes, and not Stripe or Fifth Third Bank, N.A., is solely responsible for administering and funding the Rewards Program. Eligibility requirements, reward calculations, payout timing, and other program terms may be modified, suspended, or discontinued at any time without prior notice or consent. Notes reserves the right to withhold, reverse, or cancel rewards in cases of suspected fraud, misuse, error, account closure, or violations of applicable terms. Rewards may be taxable. Additional Rewards Program terms will be made available in your Notes account dashboard.
Intellectual Property
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Notes, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Notes. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Notes or its affiliates or licensors. You must not use such marks without the prior written permission of Notes. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Notes, a Notes employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Notes or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy notes.fm/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE WEBSITE AND RELATED SERVICES EXCEED THE AMOUNT YOU PAID TO THE COMPANY, IF ANY, IN THE PAST SIX (6) MONTHS FOR ACCESS TO OR USE OF THE WEBSITE.
YOU ALSO AGREE THAT THE COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO THE FINANCIAL SERVICES PROVIDED BY STRIPE, FIFTH THIRD BANK, OR ANY OTHER THIRD-PARTY SERVICE PROVIDER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Indemnification
You agree to defend, indemnify, and hold harmless Notes, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Notes of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Notes to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Notes regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Notes Frequencies, Inc., 169 Madison Ave. STE 11398, New York, NY 10016.
All notices of copyright infringement claims should be sent to support@notes.fm.
All other feedback, comments, requests for technical support, and other communications relating to the Website, including any disputes or complaints, should be directed to: support@notes.fm.