ABRSM Music Case – Terms of Service
Welcome to ABRSM Music Case, a service provided by ABRSM (‘ABRSM’ means The Associated Board of the Royal Schools of Music, a company registered in England and Wales under company number 01926395 and having its registered office address at 4 London Wall Place, London EC2Y 5AU, United Kingdom). All other capitalised expressions are defined in the ‘Definitions’ section below.
Your use of the Application and the Services that are made available through the Application is governed by these Terms of Service.
By using the Application, You confirm that You accept these Terms of Service and that You agree to comply with them. These Terms of Service will apply to any use of the Application, whether as a visitor or a registered user with an Account, and include accessing, browsing, or registering to use the Application (where applicable). Please read them carefully and make sure that You understand them before using the Application. If You refuse to accept these Terms of Service, You must not use the Application or any of the Services.
We may amend these Terms of Service (or any part of them) from time to time. We will ordinarily send an email which will inform You of any significant changes to these Terms of Service but please check these Terms of Service regularly to ensure You understand the terms which will apply at that time.
These Terms of Service are divided into the following sections:
1. The Definitions
2. Description of the Application and the Services it offers
3. Your Music Case Account
4. Your use of the Services
5. Your User Content, the warranties You give and the rights You grant
6. Responsibility for Content and Liability
7. ABRSM Intellectual Property
8. Third Party Intellectual Property
9. Links to Third Party Applications
10. Links to this Application
11. Reporting Infringements and Our Notice and Takedown Procedure
12. Removal of User Content, Termination and Suspension of Access
15. Disclaimers and Exclusions of Liability
16. Availability of the Application and Modifications
17. Limitation of Liability
19. No Waiver
21. Entire Agreement
22. Assignment of Rights
23. Third Party Rights
24. Governing Law and Jurisdiction
In these Terms of Service the following terms shall have the meanings given to them below:
‘Advertising Policy’ means the advertising policy set out in the annex at the end of these Terms of Service.
‘Account’ means a collection of data relating to a particular user including certain identifying information and the email address and password used by that user to access the Services.
‘Application’ means MUSIC CASE
‘Content’ means any text, graphics, logos, icons, images, sound files, video files, software, data compilations, page layout, underlying code and any other form of information capable of being stored on a computer, including, but not limited to textual comments, that appears on or forms part of the Application.
‘Services’ means, collectively, the online facilities, tools, services, applications, data and other resources that are made available through or in connection with the Application, either now or in the future, including, but not limited to, the software component to enable users to upload, post and otherwise submit User Content to the Application.
‘User Content’ means any Content that is created by users.
‘We’, ‘Our’, ‘Us’ means ABRSM.
ABRSM’s Music Case Application is a practice tracking application. Its key benefits are:
● Setting clear, achievable practice goals to keep you on track, using video, audio, image and/or web links to inspire and help You;
● Organise and reflect on Your practice to make progress faster;
● Track Your time, make and compare recordings of Your practice and view your statistics over time to track Your progress.
As a user of the Application, You can:
● create Your own ABRSM Account ;
● Set goals to aid Your practice;
● Connect video, audio, images and web links to Your goals;
● Collect badges and other rewards
● View Your statistics
● Reflect on Your practice
● Share notebooks with other Music Case users, given permission
● View the notebooks of other Music Case users, given permission
● Update Your marketing preferences
● Find links to other ABRSM digital resources
This section explains how You should create Your Account and Your responsibilities in relation to that Account should You choose to register with Music Case.
When signing up for an Account, You represent and warrant that:
1. all information submitted by You is accurate and truthful; and
2. You will keep all such information accurate and up-to-date;
When creating an Account, You will need to select a password and provide Us with an email address. You must ensure that this email address is and remains valid.
Passwords must comprise of 8 -16 characters, containing 3 out of 4 of the following:
● a lowercase characters
● An uppercase characters
● A numerical digit (0-9)
● A symbol
You are solely responsible for maintaining the security and confidentiality of Your password. You will remain responsible for all use of Your password and all activity occurring on Your Account, whether authorised by You or not.
When using the Services provided by the Application, You agree to comply with the following conditions and acknowledge and agree that ABRSM has the right, at its sole discretion, to suspend or terminate any Account or to take such action as it sees fit, if You breach any of these conditions or any of the other provision of these Terms of Service:
1. You must not use obscene or vulgar language.
2. You must not use the Application or the Services to upload, transmit, or otherwise communicate to other users and/or the public any User Content that:
(a) is unlawful or otherwise objectionable (as solely determined by ABRSM). This includes, but is not limited to, User Content which is abusive, threatening, hateful or otherwise discriminatory (including on the grounds of gender, race, nationality, religion, sexual orientation, disability or age);
(b) is libelous or otherwise defamatory of any individual or organisation;
(c) is sexually explicit, pornographic, or otherwise obscene;
(d) is intended to promote violence, terrorism or illegal acts; or
(e) contains viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks.
3. You must not post links which take users to material that contravenes any of the restrictions set out in Point 2 above.
4. You must not engage in any form of commercial advertising (including unauthorised mass-communication such as spam or junk mail) which is not compliant with the Advertising Policy.
5. You must not impersonate or pass yourself off as another person, particularly an employee and/or a representative of ABRSM or any of its subsidiaries or affiliates.
6. You must not use any technique or service designed to misrepresent the popularity of Your User Content or Your activity on the Application.
7. You must not use or attempt to use another user’s Account, password or other identifying information related to that user.
8. You must not rent, sell or lease access to the Application or to any Content on the Application.
9. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by ABRSM or by any other user.
10. You must not collect or attempt to collect any personal data or any kind of information relating to other users.
By uploading, posting or otherwise submitting User Content, You represent and warrant that:
1. You are the author of such User Content and that it is original to You or that You have obtained all the appropriate rights, licences and permissions necessary to allow the use of the same as part of the Application under these Terms of Service;
2. Your User Content and its use on the Application does not and will not violate or infringe the rights of any third party, including, but not limited to, any intellectual property rights, performers’ rights, rights of privacy or rights in confidential information;
3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your User Content in order to include their name, voice, performance or likeness in Your User Content and to publish the same on the Application;
4. Your User Content does not and will not create any liability on the part of ABRSM, its subsidiaries, affiliates, successors and assigns and their respective employees, agents, directors, officers and/or shareholders;
5. Your User Content, including any textual comments or other contributions You make on the Application, will always comply with the requirements of section 4 above.
Subject to any licensed rights of third parties in any material contained within Your User Content, Your User Content is and shall remain Your property. Nothing in these Terms of Service vests in ABRSM any intellectual property rights subsisting in Your User Content. You shall be responsible for the enforcement of all intellectual property rights in Your User Content. Under no circumstances will ABRSM be a party to or assist in any intellectual property claims that You may wish to pursue against another party for the infringement of the intellectual property rights subsisting in Your User Content.
All users of (including visitors to) the Application acknowledge and agree that:
1. ABRSM is not responsible for any User Content and has no obligation to monitor, review, curate or screen it.
2. ABRSM stores User Content on the Application at the direction of its users.
3. ABRSM plays no active role and provides no assistance in the presentation or use of the User Content on the Application.
4. ABRSM acts as a host for the uploading, storage and distribution of User Content and You hereby give all necessary consents and permissions for ABRSM to do the sme.
5. ABRSM shall not be liable in any way or under any circumstances for any loss or damage that users of the Application and other third parties may incur as a result of User Content, nor for any errors or omissions therein or on any other part of the Application. Use of or reliance upon the Application, any of the Services and the User Content is entirely at the risk of the user or the visitor.
While it is Our policy not to monitor, review, curate or screen any User Content, We reserve the right, at Our sole discretion, to refuse or remove any Content that is posted to, or available on, the Application without the need to give any reasons for doing so (but We do not assume any obligation to do so).
Subject to the exceptions stated in these Terms of Service, all Content included as part of the Application is the property of ABRSM or its subsidiaries or affiliates. By continuing to use the Application, all users (including visitors) acknowledge that such material is protected by applicable copyright laws and treaties (and other intellectual property laws and treaties) around the world.
All users (including visitors) acknowledge that the use of the Content of the Application for commercial purposes is not permitted and undertake not to use it for such purposes.
All users (including visitors) also agree that they may not copy Content from the Application with a view to creating or compiling any form of comprehensive collection, compilation, directory or database.
Where expressly indicated, certain Content and the intellectual property rights subsisting therein belong to third parties.
The Application may contain links to third party applications. Unless expressly stated, these applications are not under the control of ABRSM or that of its subsidiaries or affiliates. ABRSM neither assumes nor accepts any responsibility for the content of such applications and disclaims liability for any and all forms of loss or damage arising out of the use of such applications. The inclusion of a link to another application on the Application does not imply any endorsement of the applications themselves or of those in control of those applications and ABRSM does not give any representation or warranty, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such third party applications.
You may not display the Content of the Application (or any page from it) or allow such Content to be displayed surrounded or framed by material not originating from Us without our consent.
Subject to the prohibition on 'framing' in the paragraph above, those wishing to place a link to the Application on other applications may do so without obtaining Our prior written permission.
We reserve the right to withdraw linking permission without notice.
In making material available on the Application, ABRSM acts in good faith. However, despite there being safeguards in place, ABRSM recognises that from time to time material published on the Application may be in breach of copyright laws or include Content that may be regarded as obscene, defamatory or otherwise inappropriate or unlawful.
If You discover Content and/or User Content on the Application which You believe infringes Your copyright or the copyright of a third party on whose behalf you are entitled to act, please send us Your written notification using one of the following methods:
Web form: <
In order for us to be able to process Your request, Your written notification will need to include the following elements:
1. a statement that You have identified Content and/or User Content on the Application that infringes Your copyright or the copyright of a third party on whose behalf You are entitled to act;
2. a description of the copyright work that You claim has been infringed;
3. a description of the Content and/or User Content that You claim is infringing and the Application URL(s) where such Content and/or User Content can be located;
4. Your full name, address and telephone number and a valid email address at which You can be contacted;
5. a statement by You that You believe in good faith that the disputed use of the material is not authorised by the copyright owner;
6. a statement of any other applicable reasons for Your claim or facts upon which Your claim is based
7. a statement by You that the information in Your notice is accurate;
8. a statement by You (if applicable) that You are authorised to act on behalf of the owner of the exclusive rights that are allegedly infringed; and
9. If applicable, whether You consent to ABRSM providing the poster of the User Content with Your name and Your email address.
10. Your electronic or physical signature (which may be a scanned copy of Your signature).
If you discover Content and/or User Content on the Application which You believe to be defamatory, please send us Your written notification using one of the following methods:
Web form: <
In order for us to be able to action Your request, Your written notification will need to include the following elements:
1. a statement that You have identified a statement as part of Content and/or User Content on the Application that You believe to be defamatory;
2. a description of the statement and why You believe it is defamatory;
3. If applicable, the meaning attributed to the statement;
4. the aspects of the statement which You believe to be either factually inaccurate or an opinion that is not supported by fact;
5. the Application URL(s) where such statement can be located;
6. if applicable, confirmation that You do not have sufficient information about the poster of the statement to bring legal proceedings against that person;
7. Your full name, address and telephone number and a valid email address at which You can be contacted; and
8. If applicable, whether You consent to ABRSM providing the poster of the User Content with Your name and Your email address.
Notice and Takedown Procedure
When we receive Your written notification, ABRSM will make an initial assessment of the validity of the complaint.
If the notification does not contain the elements detailed above, ABRSM will normally send written notification to You in writing within forty-eight (48) hours (excluding weekends and bank holidays) of its receipt thereof.
If the notification contains all the required elements, ABRSM will normally, within forty-eight (48) hours (excluding weekends and bank holidays) of its receipt thereof:
1. send an email acknowledgement to You;
2. temporarily remove the material from the Application pending an agreed solution; and
3. if applicable, notify the poster of the User Content that the material is subject to a complaint, explain the grounds on which the complaint is based and request that the poster responds to the complaint within five (5) working days (ie excluding weekends and bank holidays).
4. if the poster of the User Content does not respond to the complaint within the given time period or at all (if applicable), ABRSM will notify the complainant that the material will be permanently removed from the Application.
ABRSM reserves the right to remove Your User Content, suspend or terminate Your access to the Application and/or take any legal action available to it, if ABRSM believes, at its sole discretion, that any of Your User Content:
1. breaches any of these Terms of Service;
2. infringes a third party’s rights; or
3. is in breach of any law or regulation
and ABRSM’s decision in that regard will be final.
If Your access is suspended or terminated in this way, You must not attempt to use the Application under any other name or by using the access credentials of any other user, with or without the permission of that user.
ABRSM makes no warranty or representation that the Application or the Services will meet the requirements of any user, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all devices and that all information provided will be accurate.
Recognising that the Application may attract users from all over the world, ABRSM makes no representation or warranty that the use of the Application or any of the Services is lawful in any particular jurisdiction.
No part of the Application is intended to constitute advice. You must not rely upon the Content or the User Content when making any decisions or taking any action of any kind.
ABRSM makes no representation or warranty that the use of the Application will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Application, the Services or any part or parts thereof, the Content, the User Content or the servers on which the Application and the Services operate are or will be free of viruses and other malware.
The Application and the Services are provided “as is” and on an “as available” basis.
ABRSM accepts no liability for any disruptions or non-availability of the Application resulting from external causes, including, but not limited to, Internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
ABRSM reserves the right to alter, suspend or discontinue the availability of the Application, or any part thereof, including, but not limited to, the Services made available therefrom. These Terms of Service shall continue to apply to any modified version of the Application unless it is expressly stated otherwise.
To the maximum extent permitted by law, ABRSM accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Application, the Services or any information contained therein. All users (including visitors) must be aware that they use the Application, the Services and all Content and User Content at their own risk.
Nothing in these Terms of Service excludes or restricts ABRSM’s liability for death or personal injury resulting from any negligence or fraud on the part of ABRSM.
You agree to indemnify ABRSM, its successors, assigns, subsidiaries, affiliates, directors, officers and employees, on demand, from and against all costs, claims, demands, litigation, damages, losses and expenses, including reasonable legal fees, which may be incurred or suffered by ABRSM as a result of:
1. any breach by You of these Terms of Service;
1. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your User Content on the Application and/or the actual use of Your User Content by other users of the Application; and/or
1. any activity relating to Your Account, whether by You or by any other person accessing Your Account with or without permission provided such activity is not caused by the act or default of ABRSM.
In the event that any party to these Terms of Service fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event that one or more of the provisions of these Terms of Service is found to be unlawful, invalid or otherwise unenforceable, such provision(s) shall be deemed severed from and shall not affect the validity and/or the enforceability of the remainder of these Terms of Service which will remain in full force and effect.
ABRSM may assign its rights and its obligations under this agreement, in whole or in part, to any third party at any time without notice, including, but not limited to, to any person or entity acquiring all or substantially all of the assets or business of ABRSM.
You may not assign this agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of ABRSM.
These Terms of Service shall be governed by the laws of England and Wales. Any dispute relating to these Terms of Service shall fall within the exclusive jurisdiction of the English courts.
Annex to ABRSM Music Case Terms of Service
This Application is not a tool for users to advertise their business activities. The advertising of products or services that are for profit or that detract from the purpose of this Application are not permitted.
1. Unacceptable business advertising
The following activities shall be regarded, for the purposes of this Application, to be unacceptable business advertising:
● creating goals or notebooks or any other link or content that serve solely to promote Your business, whatever the nature of that business may be;
● the posting of prices, business names, telephone numbers and URLs for Your business;
● the explicit advertising of Your business in any User Content.
● emailing or private messaging of unsolicited material to other users of this Application.
1. ‘For Sale’ and ‘Wanted’ Adverts (i.e. in respect of tuition, instruments, etc.)
You are not permitted to use this Application for the purpose of creating ‘For Sale’ or ‘Wanted’ notices in anyway. We suggest that You contact Your local music retailer or use an established auction site, such as eBay, for this purpose.
1. Unsolicited Use of Personal Information
The collection and/or use of any Application user’s personal information, (including, but not limited to, email addresses, Internet service providers usernames, identities, Application URLs), for unsolicited marketing purposes, (via private messaging, instant messaging, email, etc.), is expressly prohibited. Any users found to be involved in any such activities shall have their access to this Application terminated immediately. Such behaviour may also be deemed to constitute a breach of the provisions and obligations imposed by the General Data Protection Regulation 2016/679 (as amended or replaced from time to time) and may result in civil or criminal prosecution.