Version 4.01
Last updating: 17-12-2007 13.48 +0100
To read carefully prior to using the site.
This agreement is effective as of 28th of April 2002.
Terms and Conditions, contents:
See also:
Kunst der Fuge / On Classical Copyright, © OnClassical - All rights reserved.
All the material on the Kunst der Fuge site (here included, and not limited to, graphics and images, texts, music files, html and asp sources, java and other code scripts, database contents) if not otherwise indicated, is exclusively the work of and the property of the author Alessandro Simonetto and entirely protected according to the regulations of the author's rights. In particular, recordings and sequences (on MIDI supports) by Alessandro Simonetto are protected under a Creative Commons non-commercial share-alike licence (details at http://creativecommons.org/licenses/by-nc-sa/2.0) insofar as they conform to the specifications contained in this page / agreement.
About the other work, when and if indicated as contributors' property, Kunst der Fuge / OnClassical does not claim direct copyrights. In particular OnClassical, represented by its owner Alessandro Simonetto, does not claim copyrights on each individual MIDI sequence or recording, here included the MIDI and the MP3 files, when and if it is owned by their respective compiler / creator / performer / productor. At kunstderfuge.com notes on copyright and respective copyright holders are posted, in the majority of cases, beside each sequence present at the site pages, and are included in the file name and in the copyright line inside of each MIDI.
Kunst der Fuge holds the copyright to publish, select, collect, and preserv all MIDI's and the other contents here included, not limited to texts and images, belonging to contributors. Consequently permission to republish, even if one single file published herein, shall be asked both of the respective respective compiler / creator / performer / productor and to Kunst der Fuge / OnClassical, represented by its owner Alessandro Simonetto. Kunst der Fuge / OnClassical may permit other sites to republish only a limited number of MIDI's (not other type of files) under the sole conditions estabilished at (To) Webmasters of the following Terms and Conditions.
For further information see international standards regarding the protection of listed databases at website: http://icking-music-archive.org/copyright.html.
Kunst der Fuge is holded by Alessandro Simonetto, D.I.
The Terms and Conditions that follow set forth the basic rights and obligations between you (You, Your or Yourself) and Kunst der Fuge / OnClassical (OnClassical, our, the site, us, we or kunstderfuge.com) and governs your use of the site together with all information, content, products, materials and services made available to you through kunstderfuge.com or onclassical.com by us (the Service).
Access to kunstderfuge.com, and any actual or attempted use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the services, constitutes your agreement to be bound by and comply with the Terms and Conditions herein, including, without limitation, our Privacy Policy and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement. When you visit the site, use our Services, or contribute to the site it is implied that you agree with the full statement herein. It is also implied that you accept any modification of the present Terms and Conditions with the passing of ten days from publication or modification of such (read more about modifications).
If you are not yet 18 years old or if, for any reason, you do not accept and agree to ALL the Terms and Conditions of this agreement, please discontinue to use the Service in any manner.
Kunst der Fuge / On Classical is a cultural web site an Internet resource, based on voluntary contributions, made directly or indirectly, either by sending files directly to us, or by authorizing us to download the files from contributors' internet sites. Contributions are always authorized with the written permission (email, letter, fax) of the single contributor / performer / rights holder.
Updatings. Publications of MIDI and other files, MP3/OGG collections at onclassical.com, texts (all), images or other on kunstderfuge.com are not bound to recurrence, but are made at the sole discretion, formality and timing of OnClassical (not periodic information site as per Italian legge 7 marzo 2001, n. 62).
See our Pricing list and our benefits to subscribers which are an integral part of this agreement.
Kunst der Fuge currently provides the Service for downloading music. The Service consists of (i) downloading 5 MIDI files per day for free and without filling out any forms or logging in to access the site or/and (iia) downloading an unlimited* quantity of files, type .mid,
and (iib) a specified file-size-quantity of megabytes of archive-files, type .zip, which include files or collection of files in .mid or .pdf format. The iia/b option is a service done by exchange of a fee subscription only. PDF files-collection are listed at the partner site
classicaland.com
and contain digitalized sheet music (ontained from scanning of old editions out of copyright protection): all zip files, as listed at classicaland.com, are stored in the
main server at kunstderfuge.com.
The Service provides three different levels:
The Friend subscription (Pricing list)
Downloadings and file-sizes offered: unlimited MIDI files*, 450 megabytes of ZIP files (PDF ZIPPED files)*.The Supporter subscription (Pricing list)
Downloadings and file-sizes offered: unlimited MIDI files*, 1,500 megabytes [1,5 gbytes] of ZIP files (PDF/MIDI-ZIPPED files)*.The Academy subscription (Pricing list)
Downloadings and file-sizes offered: unlimited MIDI files*, 3,000 megabytes [3 gbytes] of ZIP files (PDF/MIDI-ZIPPED files)*.
* More precisely:
- Friend subscriptions get 10,000 MIDI files and 460,800 kbytes in ZIP files
- Supporter subscriptions get 50,000 MIDI files and 1,536,000 kbytes in ZIP files
- Academy subscriptions get 100,000 MIDI files and 3,072,000 kbytes in ZIP files
More benefits. Other important benefits, as specified on our -/subscription.htm page, are also included on the subscription. This further offer has to be considered valid only if estabilished at the time when subscription has been done.
Duration of the Service and renewal. Service expires when the subscriber has downloaded the maximum number of files or the purchased quantity of file-size. A panel (at www.kunstderfuge.com/-/db/panel.asp) shows the amount of downloadings remained to the subscriber. Each subscriber may renew his subscription when downloadings will be finished by recharging it through links present on the personal panel.
Special offers. Special offers may be proposed by OnClassical to registered users via mailing list.
Change of the Agreement. We may revise or modify any of the aspects of our Service and/or any of the Terms and Conditions contained in this Agreement, from time to time, at our sole discretion. We will not notify you of any such changes other than by posting them on this page. By using this site you also agree to check this page periodically to make sure you continue to agree with the Terms and Conditions herein. All changes will be effective upon the date of the publication on this page (effective date).
Future products or services. If any new files or services become available, they will be considered a part of the Service and your use of them will be governed by the Terms and Conditions of this Agreement unless otherwise specified.
Disagreement. If you are at any time in disagreement with any of the Terms and Conditions, your only remedy is to not accede or purchase any Service and to leave the site.
Website Changes and Modifications. Kunst der Fuge maintains the right to add, delete, modify or change the files, links, services and all other contents of its websites (kunstderfuge.com, onclassical.com and classicaland.com). These alterations may be made at any time without advance notice.
It is very important that you read and understand the Kunst der Fuge / OnClassical privacy policy. This policy can be found at privacy.htm and applies to your usage for your benefit.
Registration. Registration is not necessary for access to kunstderfuge.com and its Service as specified at The Service/(i); also there are no programs to download on your computer, no mailing-lists to enroll into, no registrations to make or any other special formats to follow. Otherwise to fully accede at kunstderfuge.com, as specified at The Service/(II), you have to subscribe by signing up your private account. You shall choose a personal ID name (the same of a valid email address) and a secret password. Every time you would come on the site you shall logging by using your ID (email address) and password.
Cookies. You must activate your browser cookies to run into kunstderfuge.com and its Services. Session Cookies used on this site avoid the need of other computer technology that could otherwise compromise discretion afforded during navigation by users and would not allow us to acquire users' personal data. OnClassical will not guarantee the functionality and/or the ability to accede to its other Services in the event that cookies have been disactivated or deleted.
Browsers. kunstderfuge.com is not optimized for use with AOL, Opera and other browsers except Explorer, NetScape and FireFox (recent versions). We cannot in any case guarantee proper functioning with browsers other than Explorer (ver. 5.5 or higher).
Possible problems. OnClassical makes and will make reasonable efforts to keep the OnClassical Sites operative. Due to certain and possible technical difficulties, routine site maintenance and upgrades, and any other events outside the control of our staff, may, from time to time, result in temporary service interruptions. Kunst der Fuge / OnClassical also reserves the right at any time to modify or discontinue, temporarily or permanently, functions of the Services with or without notice. You agree that Kunst der Fuge / OnClassical / Classicaland shall not be liable to you or to any third part for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Services.
Private use. By using the Service, you acknowledge and agree that you may only use the Service and each downloaded files (here included the ZIP collections, MP3 files and all media content of Kunst der Fuge site) and/or make copies of any file obtained through the Service, and with the full respect of the law, for your own personal use (here including your benefits at -/subscription.htm). This means that Use for personal reasons (single-user)* is allowed. Users are authorized to make archival or back-up copies of Kunst der Fuge / On Classical files for the *sole* purpose of protecting the data from inadvertent loss.
No robots. You are not allowed to use any automated system, robots, download accelerators or similar software for the selection, listening or downloading of files.
No deep-links. You must not, under any circumstances, provide links to our media from your or any website (deep-links) or link to our email or give our email to others in any way. You may solely link to our HTML web pages (home page at www.kunstderfuge.com suggested).
Important restrictions! You may also not use, nor allow others to use, the Service, directly or indirectly, to: (i) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (ii) act in a way that affects or reflects negatively on us, the Service, or anyone else; (iii) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. you agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.
Other restrictions! You are prohibited from violating or attempting to violate the security of the website and its Service, including, without limitation: (i) accessing data not intended for you or logging onto accounts which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (iii) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (iv) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Serious violation. OnClassical reserves the right to immediately and permanently terminate your access to the Service if it believes that you are violating the above mentioned limitations.
Legal controversies of any type will be conducted solely in Italy at the court of Vicenza.
Fees. By entering for the Service you agree to pay the fee designated for the Service you select in accordance with our Pricing list.
| Type: | Price in euros |
| Friend subscription | 15.00 |
| Supporter subscription | 27.50 |
| Academy subscription* | 50.00 |
* Including, and not limited to, Universities, Colleges, Libraries, Corporations, and Schools.
Credit card. Payment made with major credit cards as accepted by Kunst der Fuge / OnClassical. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You, and not OnClassical, are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
Incongruity. Your Service will not be effective if OnClassical does not receive the full amount for Services requested.
Reimbursement. Considering that the downloading service is easily tried out prior to subscription (as specified at The Service/(i)) no reimbursement shall be made for discontinuation of same due to claim or other reasons.
Changes. OnClassical reserves the right, at any time, to change its fees without giving prior notice to you. Once you have paid for the Service you may rest assured that your usage of the Service will not be compromised by us determining an increase in the subscription fee or a diminution of downloadings included.
Clarification. The fee we request of you which allows you to download more than 5 files per day is a contribution for the site's service costs and maintenance work. It is not to be intended as a price to apply to the music files or the ZIP collections herein contained. We are not asking you to buy files: they are the property of our contributors (here included the website's author). We, instead, are merely requesting you to pay for the bandwidth you use to access and fully enjoy the site, and as a contribution to all the work and all costs in mantaining the sites.
We may restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, without limits to our possibility of having recourse to whatever rights or remedies are available for our defence.
Termination of Agreement by you. You may terminate this Agreement at any time. It would be appreciated if you would provide explanations for your motivations to cease using our Service (see also Fees and Payments and Reimbursement). After having received your communication we will promply provide to delete your account at OnClassical servers. Your account will not be renewed again unless requested via new subscription.
Kunst der Fuge web site, texts, service program and whatsoever present at www.kunstderfuge.com (here including www.kunstderfuge.net, www.kunstderfuge.org, www.onclassical.com, www.onclassical.net, www.onclassical.org) and all its relative pages are, except where differently indicated, the property of OnClassical by Alessandro Simonetto D.I.. You acknowledge that ALL the above mentioned is protected by the Creative Commons licences or, where otherwise indicated, by the International Copyright and other intellectual property laws (read more about rights at kunstderfuge.com).
Personal use. You may use and play everything from the kunstderfuge.com web site and from its Services for your personal, non-commercial, use only. you agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, make available to third parties or circulate the musical content downloaded through the Service to anyone, or to exploit any such content for commercial or non-commercial purposes without the express prior written consent of OnClassical.
Other. You agree not to engage in any conduct that violates or infringes those intellectual property rights. You further agree that engaging in any activity with the aim of circumventing the site’s protection and methods is a copyright violation punishable to the full extent of the law. You acknowledge that OnClassical retains exclusive ownership of the Service and all intellectual property rights associated therewith.
You shall indemnify and defend OnClassical – here included Kunst der Fuge and its websites - and hold OnClassical harmless from and against any and all costs, liabilities, losses, damages and expenses arising out of any claims, actions, suits, or proceedings of any kind from any third party claim relating to your breach of the Terms and Conditions of this Agreement or to another person whose uses the Service on your computer.
The Service is provided on an “as is” and an “as available” basis. We do NOT make, and hereby disclaim, any representations or warranties regarding the use of the Service at www.kunstderfuge.com, and the products (collections and other) offered by Kunst der Fuge / OnClassical. OnClassical makes NO warranty, express or implied, that the Service will be adequate or meet your requirements and/or your access to/and use of the Service will be uninterrupted or error-free, and/or free of viruses, not common or malicious codes, or other harmful components, and/or otherwise secure.
OnClassical makes no warranty with respect to the accuracy or effectiveness of the Kunst der Fuge website(s), including content therein, nor any errors or problems of any kind that may arise from the website. OnClassical shall not be responsible for losses, damages, costs, or expenses of any kind resulting from the use of the Service.
YOU AGREE THAT YOUR USE OF THE ONCLASSICAL SITES IS SOLELY AT YOUR OWN RISK.
(To) Contributors
Here word You also means: The contributor.
Contributions. You may send to us your own MIDI files (sequences and/or Recording made on MIDI support). you may send only MIDI files for works that you *know* are in the public domain or for which you have the express permission from the owner of the works' rights to perform the work and to submit it to Kunst der Fuge / On Classical site.
Submissions. Submissions are finalized to the publication, free to costs and commercial purposes, of your music files (read more).
Implicit authorization. When you authorize us to publish your MIDI files you also implicitely agree to allow us to download the same files from your own website.
Permission. By sending the file, you are giving, or you are authorized to give, permission to OnClassical, represented in its respective owner Alessandro Simonetto, to enter the sequence / the recording / the music in its web resource, subject to the visitors limitations indicated in this Terms and Conditions.
Responsability. You, the contributor, will be solely responsible for any abuse you may have committed, conciously or not conciously, against any form of copyright still in force or for missing payment of royalties, when and if due. As a Contributor you will indemnify and hold OnClassical (same as Kunst der Fuge) harmless against any and all losses, damages, costs, claims, civil suits and/or criminal cases made by whatsoever any parties resulting from the electronic distributions of your MIDI files at kunstderfuge.com.
Some rights. You, the contributor, know and agree that Kunst der Fuge will keep the right to permanently publish your files under the herein enclosed conditions.
Substituting. We can substitute your MIDI files as per your improvements of the same when you will provide us the new files.
Removal. We cannot remove your MIDI files unless you provide a valid and convincing reason. Due to our great efforts in publishing all contents at kunstderfuge.com we can no longer accept to remove more than 5 sequences per contributor except in the case of infringiment of copyright.
More. You, the contributor, fully agree, without anything pretending, that Kunst der Fuge may place limits on the downloads of the published files, just as it may permit a greater amount of downloadings of MIDI files (even if as grouped together in compressed collections) to user subscribers (paying users). It is brought to your attention that said limits to downloadings do not imply an indirect purchase or implicit appropriation of your files by Kunst der Fuge. The limit imposed on downloadings is explained in the agreement enclosed herein (see The Service).
Every possible attempt is made to verify that the MIDI files contained in kunstderfuge.com come from their respective owners or through their own written permission. The MIDI files submitted to Kunst der Fuge, or otherwise the MIDI files we have directly requested from our contributors, considering we have obtained their appropriate permission, are all placing in good faith. Nonetheless, there are cases where people unlawfully claim the work of others as their own. If this should happen, and to avoid any abuse of copyright, please notify it immediately and we will make the necessary corrections.
If we have inadvertently included a work with a copyright still in force, let us know and we will remove it immediately. If any copyright infringement has occurred, it was unintentional.
(To) Webmasters
Our MIDI versus your website. If you would like to post one or more MIDI files on your own web site, you firstly must:
- Advise us which MIDI file you would like to use.
- Say why and where you wish to put the MIDI files (web address included).
- Post the following hypertext line on your home page or put any other description or banner you may find at www.kunstderfuge.com/public/banner.htm:
Thanks to Kunst der Fuge
- Copy the following text line beside each MIDI sequence:
Published by written permission of Kunst der Fuge, © 2002-05
Note also:
- You cannot link to our file/s (except our advertising descriptions/banners/bottons) directly (deep link): you must first download the file/s, and then post it/them on your own site, so that your link shall be (www.yoursite.com/midi-file_from_kunstderfuge.mid).
- You cannot modify in any way any MIDI file track, event, program change, key, velocity and any other parameter, here included our copyright comments written inside.
- (Preferably!) You should not rename our files: we usually write the copyright holder / sequence author on each file name, see after a (c) or (nc) symbol: (C) = Copyright, (NC) = Public Domain (no Copyright).
- You should not ask to use more than 5 (five) MIDI files.
- You can not put links with rel tag ="no follow".
Non authorization. If you do not receive a mail confirmation from us, you are not authorized to use our file/s *even if* they are in public domain or not covered by copyright or under certain types of Creative Commons licences or any other copyright or copyleft licences.
Additionally notes about works by Alessandro Simonetto. All Alessandro Simonetto's own MIDI files - recordings and/or sequences - are licensed under Creative Commons: you may distribute all of them public MIDI files in the measure you:
- quote the following license, the owner Alessandro Simonetto / onclassical.com and the active link (http://www.kunstderfuge.com) as original resource;
- respect:
a) all previous written points and the complete Terms and Conditions herein;
b) the Creative Commons licence - including its legal source:
Kunst der Fuge MIDI collections by Alessandro Simonetto, onclassical.com is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported License. Based on a work at kunstderfuge.com. Permissions beyond the scope of this license may be available at http://kunstderfuge.com/notes.htm.
Additionally notes about works by Segundo G. Yogore. All Segundo G. Yogore's own MIDI files are licensed under Creative Commons: you may distribute all of them public MIDI files in the measure you:
- quote the following license, the owner Alessandro Simonetto / onclassical.com and the active link (http://www.kunstderfuge.com) as original resource;
- respect:
a) all previous written points and the complete Terms and Conditions herein;
b) the Creative Commons licence - including its legal source:
Kunst der Fuge MIDI collections by Segundo G. Yogore, onclassical.com is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported License. Based on a work at kunstderfuge.com. Permissions beyond the scope of this license may be available at http://kunstderfuge.com/notes.htm.
Commercial. No commercial uses are admitted for all files included in kunstderfuge.com and classicaland.com.
In the event that you choose to utilize services of one of our affiliated or linked sites, OnClassical will not be held responsible for disputes or issues that may arise between you and one of these parties.
You may at any moment contact OnClassical for requests pertinent to use of the site through our feedback form. Any requests not pertinent to the use of kunstderfuge.com or onclassical.com will not be considered.
All contents on Kunst der Fuge and On Classical are under copyright, © 2002-07
