Terms of Service

Updated March 1, 2021

 

Appcompanist, LLC. (“Appcompanist”) provides our informational website at www.Appcompanist.com (the “Site”) and our accompaniment services (including streaming titles) accessible via our mobile device application (“App”). To make these Terms easier to read, the Site, our services, and the App are collectively called the “Services.” Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Services.

 

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

 

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. Your use of the Services is subject to our Privacy Policy.

 

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other notifications. Therefore, you should review these terms periodically. If you do not agree with any revision, you must stop using our Services. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. The Terms are determined to have been in effect since the updated date designated above.

 

Arbitration Notice

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration” sections below, you agree that disputes between you and Appcompanist will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Please see the “Dispute Resolution” sections below for more detailed information.

 

Copyright

Appcompanist owns the copyrights to all its recordings of exercises and accompaniments, but the underlying musical composition may be copyrighted and owned by rights holders such as the song’s writers and publishers. Appcompanist takes great effort to comply with copyright laws, and you should too if you plan to perform or record yourself, in audio or video, using Appcompanist.  For  compositions protected by copyright law, we don't mind you posting video of yourself singing with any of our accompaniments, but keep in mind that there are other copyright holders who might very well object, which may subject you to liability for copyright infringement. Please familiarize yourself with the applicable copyright status of any compositions which you plan to post. Using the Services’ library of copyrighted compositions is allowed for personal use, such as personal practice, auditions, lessons and educational uses, or for in-person, live performances where no monetary gain is received by you or any other person or entity. With regard to compositions which are protected by copyright, as opposed to compositions in the public domain, it is your responsibility to determine what licenses you must obtain from the copyright rights holders to broadcast, livestream, post, publicly share, or display video or audio recordings or performances of you performing, practicing, or otherwise using our Services, including on social media. For more detailed information, please see the “Rights and Terms for Apps” sections below and our Copyright FAQ.

 

Who May Use the Services

Eligibility

You are eligible to use the Services if you are 13 years or older and are not barred from using the Services under applicable law. Children under the age of 13 may use the Services only with parent or guardian authorization and supervision. If you under the age of 13, do not opt-in to email communications. If we learn a user under 13 has opted into email communications, we will remove that user from receiving email communications. Purchases made via the Service are governed by the Terms of Use of the app store or distribution platform (like the Apple App Store or Google Play) where the App is made available to you (each, an “App Provider”), and you should confirm your eligibility in those terms and conditions. 

 

Using the Services

We do not create user accounts on the Services. Your use of the Services is tied to your use of your device’s App Provider. Through the Services, users can select from a variety of options and controls to create customized Appcompanist practice or performance sessions. You can also use the paid functionality of the Services to utilize the enhanced functionality or broader title collections of the Services, described in further detail under the Section titled “Purchases” below.

 

Not all activities described on the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.

 

Purchases

Fees

Appcompanist offers certain enhanced features of the Services and/or usage of collections of titles that you can purchase as a monthly or yearly subscription (“Subscription”). Prior to your purchase, a limited use of the Services may be used by you that will promote and market the full enhanced Services of the Subscription to you. A description of features associated with Subscriptions is available via the Services. The amounts due and payable by you for a Subscription that you purchase through the Services will be presented to you before you place your order.  If you choose to purchase a Subscription to the Services, you understand this charge and subscription is not managed or governed by the Services. The Subscription will be charged by your App Provider. You agree to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.  You will receive a confirmation email after the App Provider confirms the payment for your order. Your order is not binding until accepted and confirmed by the App Provider. All payments made are non-refundable and non-transferable. Subscriptions will auto-renew in the App Provider unless and until you cancel in the App Provider. Appcompanist cannot cancel Subscriptions made through an App Provider. Please refer to your App Provider’s Terms of Use for more information. 

 

Changes to Price Terms

Appcompanist reserves the right to change its pricing terms for Subscriptions at any time and Appcompanist will notify your App Provider in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Appcompanist’s pricing terms then you may choose not to renew your Subscription.

 

No Obligation for Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Appcompanist regarding future functionality or features.

 

Deemed Usage of Services through Subscription Term

All purchases are strictly for the Services provided at that time and deemed to have been used by you ratably throughout during the term of your subscription, whether monthly or yearly, regardless of whether or not you actually used the Services.

 

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info@appcompanist.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit  Feedback provided by you for any purpose.

 

Content Ownership

For purposes of these Terms,  “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. Subject to the foregoing, Appcompanist and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. The Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. You will not use any copyrighted Content in any manner that is not specifically permitted.

 

Rights in Content Granted by Appcompanist

Subject to your compliance with these Terms, Appcompanist grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal purposes.

 

Rights and Terms for Apps

Rights in App Granted by Appcompanist.com

Subject to your compliance with these Terms, Appcompanist grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App using the Services solely for your own personal non-commercial purposes except as designated in the “Use of Content and Services for Public and Commercial Purposes” below. Appcompanist reserves all rights in and to the Services not expressly granted to you under these Terms.

You may not copy the Services, nor use Content outside the confines of the Services. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services; or (iv) make the functionality of the Services available to multiple users through any means.

 

Use of Content and Services for Public and Commercial Purposes

Each song in Appcompanist’s Content and Services is subject to two copyrights. The copyright in the underlying musical composition is owned and protected by the song’s rights holders if that song is not in the public domain. The actual recording made of that underlying musical composition is copyrighted and owned by Appcompanist. We want you to use the Content and Services for personal use. You may also use the Content and Services for non-commercial public usage (such as live auditions and didactic teaching activities). You are not to use the Content and Services for widespread public usage or for commercial purposes (such as live for-fee performances.) Your use of Appcompanist’s Content and Services is subject to all applicable copyright laws. It is your responsibility to comply with all applicable copyright laws for any use of the Services. Any public commercial usage for which you have not registered and paid the appropriate royalty fees due may result in immediate termination of your account without refund, and Appcompanist reserves the right to further prosecute such copyright violation. While you may use the Services for public usages, you may not copy or distribute our Content outside the Services. Please see the User Prohibitions section below for an illustrative (but not complete) list of uses not allowed by Appcompanist. You agree to credit Appcompanist in any public commercial and non-commercial usage. To make a commercial recording using our Content or Services, please email info@appcompanist.com for licensing inquiries.

 

User Prohibitions

You agree not to do any of the following:

●    Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

●    Copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public (other than described above in Use of Content and Services for Public and Commercial Purposes); broadcasting, or making available to the public any part of the Services or the Content, or otherwise making any use of the Services or the Content which is not expressly permitted under the Terms or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Services or the Content or any part of it;

●    Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Services, Content or any part thereof;

●    Circumventing any technology used by Appcompanist, its licensors, or any third party to protect the Content or the Services;

●    Selling, renting, sublicensing or leasing of any part of the Services or the Content;

●    Use, display, mirror or frame the Services, or any individual element within the Services, Appcompanist’s name, any Appcompanist trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Appcompanist’s express written consent;

●    Access, tamper with, or use non-public areas of the Services, Appcompanist’s computer systems, or the technical delivery systems of Appcompanist’s providers;

●    Attempt to probe, scan, or test the vulnerability of any Appcompanist system or network or breach any security or authentication measures;

●    Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Appcompanist or any of Appcompanist’s providers or any other third party (including another user) to protect the Services;

●    Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Appcompanist or other generally available third party web browsers;

●    Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

●    Use any meta tags or other hidden text or metadata utilizing an Appcompanist trademark, logo URL or product name without Appcompanist’s express written consent;

●    Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

●    Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

●    Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

●    Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

●    Collect or store any Personally Identifiable Information from the Services from other users of the Services without their express permission;

●    Impersonate or misrepresent your affiliation with any person or entity;

●    Violate any applicable law or regulation; or

●    Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 

Links to Third Party Websites or Resources

The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

 

Service limitations and modifications

Appcompanist will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Appcompanist reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. Appcompanist has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Services. This section will be enforced to the extent permissible by applicable law. Appcompanist and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

Termination

You can only cancel your Account from your App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

 

Warranty Disclaimers

The services and content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

 

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

 

Indemnity

You will indemnify and hold harmless Appcompanist and its members, officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.

 

Limitation of Liability

Neither Appcompanist nor any other party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Appcompanist has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

 

Appcompanist’s total liability arising out of or in connection with these terms or from the use of or inability to use the services or content shall not exceed the lesser of the amounts you have paid to Appcompanist for use of the Services or content or one hundred dollars ($100).The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Appcompanist and you.

 

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of New York applicable to contracts wholly made and performed therein.

Agreement to Arbitrate

Any dispute, controversy or claim arising out of or relating to the enforcement, interpretation or alleged breach of these Terms of Service shall be submitted to and resolved by binding arbitration in New York, NY before one neutral arbitrator appointed in accordance with the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in and enforceable by any court having jurisdiction.

 

Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Appcompanist with written notice of your desire to do so by email at info@appcompanist.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Appcompanist with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute arising out of use governed by these Terms of Service. The exclusive jurisdiction and venue of any IP Protection Action, or if you timely provide Appcompanist with an Arbitration Opt-out Notice, will be the state and federal courts located in New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Appcompanist with an Arbitration Opt-out Notice, you acknowledge and agree that you and Appcompanist are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Appcompanist otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

 

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Appcompanist and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Appcompanist and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Appcompanist’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Appcompanist may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Appcompanist under these Terms, including those regarding modifications to these Terms, will be given: (i) by Appcompanist via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Appcompanist’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Appcompanist. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

Contact Information

If you have any questions about these Terms or the Services, please contact Appcompanist at info@appcompanist.com.