TERMS OF SERVICE

Last updated October, 2019

Legal Notices

We, the Operator/s and owner/s of https://www.WeAccompany.com, which belongs to We Accompany LLC, provide it as a public service to our subscribed users.

From here on, the owner/s and operator/s of https://www.WeAccompany.com, will be referenced as ‘We Accompany LLC’. From here on, https://www.WeAccompany.com will be referenced by name or by ‘this website’, or ‘the website’.

Please carefully review the following basic rules that govern your use of the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the "User") do not agree to them, do not use the Website, provide any materials to the Website nor download any materials from it.

We Accompany LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice to the User. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.

These Terms and Conditions of Use apply to the use of https://www.WeAccompany.com and do not extend to any linked third party sites. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and We Accompany LLC with respect to the Website, https://www.WeAccompany.com . Any rights not expressly granted herein are reserved.


Permitted and Prohibited Uses

You may use the Website only for the purposes it was intended: To practice playing with the digital piano accompaniment, to use said accompaniment for public performances; both commercial and non-commercial, to record yourself playing with the accompaniment, and to share said recording on social media platforms. You may not share the ‘recorded content’ if does not contain your own playing or sound that is original to you. You may not share the ‘recorded content’ if it does not contain a ‘reasonable’ amount of your own playing or sound that is original to you. Reasonable is defined by a minimum of %33 percent of your playing or sound that is original to you. The percentage refers to both the time played, and decibel levels in comparison to those of the accompaniment itself. We Accompany LLC Reserves the right to examine any recordings you have created and/or shared. We Accompany LLC also reserves the right to delete any content that it finds inappropriate for sharing.

When agreeing to this terms and conditions of use, you understand that any recording you create will be saved within We Accompany LLC until you or We Accompany LLC find it necessary to remove it. Any recorded content you share beyond We Accompany LLC becomes publicly available and all legal responsibility in terms of copyright laws of your country are yours.

When agreeing to this terms and conditions of use, you understand that, by entering https://www.WeAccompany.com, and using its content, you may not share any information of its SEO practices nor content with competitors. If you are a competitor, you agree not to use any information you have obtained from https://www.WeAccompany.com in regards to its’ SEO practices and content.

** You may not use accompaniment that is based on music which is not public domain in your country for commercial endeavors, events, or performances.**

You may not use the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.

You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have. You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.

You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.

You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. We Accompany LLC shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and We Accompany LLC reserves the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.

We Accompany LLC notes that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. We Accompany LLC reserves the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and We Accompany LLC will fully cooperate with any authorities investigating violations of these laws.


Proprietary Content

All digital accompaniments that are available on https://www.WeAccompany.com are the proprietary content belonging to We Accompany LLC. As far as We Accompany LLC. And https://www.WeAccompany.com are concerned, all accompaniment you may find and use is to be considered a sound recording, interpretation, and performance created and owned by We Accompany LLC.


User Submissions

We Accompany LLC does not want to receive confidential or proprietary information from you through the Website. Any material, information, or other communication you transmit or post ("Contributions") to the Website will be considered non-confidential.

All contributions to this site are licensed by you under the MIT License to anyone who wishes to use them, including We Accompany LLC.

If you work for a company or at a University, it's likely that you're not the copyright holder of anything you make, even in your free time. Before making contributions to this site, get written permission from your employer.


User Discussion Lists and Forums

We Accompany LLC may, but is not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. We Accompany LLC, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We Accompany LLC may edit or remove content on the Website at their discretion at any time.


Use of Personally Identifiable Information

Information submitted to the Website is governed according to We Accompany LLC’s current Privacy Policy and the stated license of this website.

You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website.

Although sections of the Website may be viewed simply by visiting the Website, in order to access some Content and/or additional features offered at the Website, you may need to sign on as a guest or register as a 10-day-trial or paid member. If you create an account on the Website, you may be asked to supply your name, address, a User ID and password, as well as payment information such as a credit card. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Website using your account or User ID. You grant We Accompany LLC and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and in the provision of services to you. We Accompany LLC cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using website. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.


Indemnification

You agree to defend, indemnify and hold harmless We Accompany LLC from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.


Termination

These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. If you are dissatisfied with the Website, its’ content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. We Accompany LLC reserves the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where We Accompany LLC have reason to believe that you are in violation of these Terms and Conditions of Use.


WARRANTY DISCLAIMER

THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, We Accompany LLC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. We Accompany LLC MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO We Accompany LLC MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. We Accompany LLC MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.

IN NO EVENT SHALL We Accompany LLC OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF We Accompany LLC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. We Accompany LLC SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM We Accompany LLC OR THROUGH We Accompany LLC, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

LIABILITY LIMITATION: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL We Accompany LLC OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF We Accompany LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

We Accompany LLC'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT We Accompany LLC WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.

BY ENTERING THIS WEBSITE, YOU UNDERSTAND AND THAT YOU ARE NOT PERMITTED TO USE ITS CONTENT AND RESOURCES TO PERSUE LEGAL ACTION AGAINST We Accompany LLC. YOU AGREE NOT TO ENTER THE WEBSITE FOR THE NATURE OF SEEKING LEGAL ACTION AGAINST We Accompany LLC.


General

The Website is hosted in the United States. We Accompany LLC make no claims that the Content on the Website is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of We Accompany LLC to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit We Accompany LLC ' rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User's use of the Website must be brought in the courts of New York State, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Website must be commenced within six (6) months after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.


Links to Other Materials

The Website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that We Accompany LLC offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and We Accompany LLC reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third party sites linked to by the Website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, We Accompany LLC cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.


Notification of Possible Copyright Infringement

In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us by email at: WeAccompany+Refund@gmail.com.

You understand and agree that legal disputes involving We Accompany LLC, its owner/s and/or employees will be governed by the laws of New York State, USA. Any disputes requiring court attendance will be under the Jurisdiction of New York State, USA.


Memberships, Individual purchases, and Refunds

We Accompany LLC permits one (1) 10-day free trial per person. You may not create and use several emails or social media accounts or any other means to access more than one (1) 10-day free trial. At the conclusion of the trial, you may choose to buy the monthly or annual subscription. In either case, you may only receive a full refund of your payment if you cancel your subscription within seventy-two (72) Hours of the time you submitted your payment by sending an email to WeAccompany@gmail.com. The aformentioned refund policy is permitted only one time. Subsequent subscription refunds will be subject for review and may or may not be refunded. We Accompany LLC reserves the right to increase this time limit in each case.

Monthly subscribers will be charged on the same day of each month (With variation when it comes to subscriptions created on and from the 29th to 31st: such subscriptions will be treated based on available calendar months and leap years). After 72 hours, refund will not be available and access to the website will be available until the end of that billing cycle.

Annual subscribers will be charged on the same Month and Day that they signed up in the previous year, with variations depending on days in a month and leap years. After 72 hours, the refund policy will be prorated up to 3 months, after which no refund will be available and access will remain until the end of that billing cycle. The refunded amount will follow this formula: Total Cost - (Total Cost ÷ 12) x Months subscribed including the current month. Access will be available in accordance with the monthly subscription policy. This refund is also currently only available via direct message to WeAccompany+Refund@gmail.com.

Example: You subscribed on April 3rd, 2021 for $99, and cancel on June 8th, 2021: $99 - ($99 ÷ 12) x 3 = $74.25. Access will be available until July 3rd, 2021.

We Accompany LLC reserves the right to sell or refuse to sell individual accompaniment files which are non-refundable.


If you have any questions or concerns, Contact Us.