In short. OpenRealb is a free, non-commercial site for working on and playing jazz standards. You can create an account to personalise the site, and delete it whenever you like. The charts you create remain yours; you only allow us to keep them for you. We guarantee neither the accuracy of the content nor the availability of the service. French law applies.
1. Purpose
These terms of use (the “Terms”) set out the conditions for accessing and using the website OpenRealb, at www.openrealb.com (the “Site”), and the services it offers: chord charts, videos and backing tracks, tools (metronome, chart editor) and personal accounts (together, the “Service”).
Anyone who browses the Site (a “Visitor”) or creates an account on it (a “Member”, together the “User”) accepts the Terms without reservation. A User who does not accept them must stop using the Site.
2. Publisher and host
The Site is published on a non-professional basis by a private individual. Under article 1-1 of French law no. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN), a non-professional publisher who has given their identification details to their hosting provider may disclose to the public only the name and address of that provider.
The Site is hosted by:
Cloudflare, Inc.
101 Townsend Street, San Francisco, CA 94107, United States
www.cloudflare.com
The publisher can be reached by e-mail at contact@openrealb.com, or through the “Report an issue” form on the Site’s pages.
3. Acceptance and changes to the Terms
Creating an account requires express acceptance of the Terms and of the privacy policy, through a checkbox at sign-up or by continuing a sign-up with Google. Simply browsing the Site counts as acceptance of the Terms by Visitors.
The publisher may change the Terms at any time, in particular to follow changes in the Service or in the law. The date of the last update appears at the top of this page. Members are told of a substantial change by e-mail or by a notice on the Site at least fifteen days before it takes effect. A Member who refuses the new Terms may delete their account; using the Service after they take effect counts as acceptance.
4. Access to the Service
The Service is free of charge for anyone with an Internet connection. Equipment and connection costs are borne by the User.
The publisher endeavours to keep the Site available at all times but is under no obligation to do so. Access may be suspended or limited without notice for maintenance, updates, outages, or any technical or security reason. The publisher may also change, restrict or discontinue all or part of the Service without this giving rise to any compensation.
5. Member account
5.1 Creation
An account can be created with an e-mail address and a password, or with a Google account. The User must be at least 15 years old; under that age, sign-up requires the consent of a parent or legal guardian.
The User agrees to provide a valid e-mail address they own and to keep their details up to date. One person per account; an account may not be transferred or lent.
5.2 Security
The Member is responsible for keeping their password confidential and for any activity carried out from their account. They must tell the publisher without delay of any unauthorised use. Passwords must be at least 8 characters long. The Member can sign out of all their devices and change their password from their account page.
5.3 Musical profile
At sign-up and from the account page, the Member may enter their instrument, its reading key, their level, the styles they play and their goals. This information is optional and is used to personalise the Service (see the privacy policy).
5.4 Deletion by the Member
The Member can delete their account at any time from their account page. Deletion is immediate and permanent: the account, the musical profile, the Member’s charts and the sessions are erased.
5.5 Suspension and deletion by the publisher
The publisher may suspend or delete an account, after informing the Member by e-mail at the account address, in the event of:
- a breach of these Terms, in particular of the rules of use in section 6;
- false or usurped sign-up details;
- a threat to the Site’s security or abusive use of the Service (automation, intrusion attempts, circumvention of limits);
- a request from a judicial or administrative authority.
In urgent or serious cases (security threat, manifestly unlawful content), suspension may be immediate, with the Member informed afterwards. The Member may contest the decision by writing to the contact address; the publisher will answer within a reasonable time.
The publisher may also delete an account that has had no sign-in for more than three years, after an e-mail warning left without effect for thirty days.
6. Rules of use
The User agrees to use the Service in good faith, for personal use, and not to:
- use the Site for unlawful purposes or infringe the rights of others;
- systematically extract, copy or reuse all or part of the Site’s content or database, by automated means (bots, scraping) or otherwise, beyond the normal use of the Service;
- circumvent the Site’s technical measures (rate limits, cache, authentication) or attempt to access data or accounts that are not their own;
- disrupt the operation of the Site (excessive load, code injection, exploitation of vulnerabilities);
- send abusive, unlawful or irrelevant content through the feedback form;
- resell or commercially exploit the Service or its content.
7. Intellectual property
7.1 Site content
The structure of the Site, its design, texts, code, tools and database (the selection, organisation and presentation of the charts, the metadata, the links) are protected by copyright and by the sui generis right of database producers (articles L.341-1 et seq. of the French Intellectual Property Code). Any reproduction, representation, extraction or substantial reuse beyond private use is prohibited without the publisher’s written permission.
7.2 Musical works
The tunes listed on the Site are protected works owned by their composers, authors and publishers. The chord charts are educational transcriptions, intended for the study and personal practice of music. They confer no rights over the works and do not replace the official sheet music. The videos played on the Site are hosted by YouTube and remain subject to YouTube’s terms and to the rights of their owners.
7.3 The Member’s charts
The Member can create charts in the editor, or copy a chart of the Site to modify it (“Remix”). These charts are stored by the Site, tied to their account and private (see the privacy policy).
- What belongs to the Member. The charts they create and, in a remixed chart, their own contributions remain their property, to the extent they are protectable. A chart confers no right on the tune it transcribes, which remains that of its rights holders (section 7.2).
- What remains the publisher’s. A remixed chart takes up a chart of the Site: that chart, like the database it comes from, remains subject to the publisher’s rights (section 7.1). The remix transfers none of them to the Member; it may only be used for their personal use, within the Service, and may not be distributed or exploited outside the Site.
- Permission given to the publisher. For the Service to work, the Member allows the publisher, free of charge, on a non-exclusive basis and worldwide, to reproduce and store their charts, to convert them technically (formats, rendering, transposition, printing) and to display them to the Member, for the sole purpose of providing the Service. This permission ends when the chart or the account is deleted. It does not allow the publisher to publish the Member’s charts or to disclose them to third parties.
- Responsibility. The Member is responsible for the content of their charts (titles, texts, people named) and undertakes not to include any unlawful content.
Messages sent through the feedback form may be freely used by the publisher to correct and improve the Service.
7.4 Trademarks and third parties
“OpenRealb” and its logo belong to the publisher. Third-party product and service names mentioned (YouTube, Google, Discogs, etc.) belong to their respective owners and are cited for information only; their mention implies no partnership.
8. Links and third-party services
The Site embeds YouTube players and links to third-party sites (streaming platforms, shops, encyclopaedias). The publisher has no control over those sites and accepts no liability for their content, practices or terms.
9. Liability and warranties
The Service is provided “as is”. Charts, keys, tempos, metadata and suggestions are prepared with care but may contain errors; Users are invited to report them through the feedback form. The publisher does not warrant the accuracy, completeness or currency of the content, nor the suitability of the Service for any particular need.
To the extent permitted by law, the publisher is not liable for indirect or intangible damage arising from the use of, or inability to use, the Service, nor for the loss of data kept in the User’s browser (settings, editor charts). The User is responsible for backing up their own creations.
The User alone is responsible for their use of the Service and for the content they submit, and holds the publisher harmless against any third-party claim arising from a breach of these Terms on their part.
10. Reporting unlawful content
Anyone may report content they believe to be unlawful (copyright infringement, prohibited content) by writing to contact@openrealb.com. To be handled effectively, in line with article 6-I-5 of the LCEN and Regulation (EU) 2022/2065 (the Digital Services Act), a notice should state:
- the identity and e-mail address of the notifier (name and first name; company name and registered office for a legal entity);
- the precise location of the content (the page address);
- the reasons the content should be removed, with the relevant legal references;
- a statement that the notice is made in good faith.
The publisher reviews notices diligently and removes manifestly unlawful content. Abusive notices engage the liability of their author.
11. Personal data
The processing of Users’ personal data (account, musical profile, technical logs, analytics) is described in the privacy policy, which forms an integral part of these Terms. It lists the data collected, its purposes, how long it is kept, and the User’s rights of access, rectification, erasure, restriction, objection and portability.
12. General provisions
If any clause of the Terms is held void or unenforceable, the other clauses remain in force. The publisher’s failure to act on a breach does not waive the right to act on it later. The Terms are written in French; in the event of a discrepancy with a translation, the French version prevails.
13. Governing law and disputes
The Terms are governed by French law. In the event of a dispute, the User is invited to contact the publisher first at the contact address to seek an amicable solution. Failing agreement, the dispute falls under the jurisdiction of the competent French courts, subject to the mandatory rules of jurisdiction that apply to consumers.
14. Contact
For any question about the Terms: contact@openrealb.com.