2. Changes to the Agreements

Occasionally I may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When I make material changes to the Agreements, I’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, I will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using OrchestraForMe under the new version of the Agreements, you may terminate your account by contacting with me.

3. Enjoying OrchestraForMe

Here’s some information about the way you can enjoy OrchestraForMe.
After registering and creating an account, you can buy orchestral accompaniments of available Concertos or other accompaniments. EACH PURCHASED ACCOMPANIMENT IST VALID FOR ONE DAY, HALF A YEAR AND ONE YEAR. AFTER THIS PERIOD, THE ACCOMPANIMENT WILL BE DISABLED. YOU CAN BUY THE ACCOMPANIMENT AGAIN AND USE IT DURING THE PERIOD YOU PURCHASED.
After purchase, the Accompaniment will be visible in your profile. You CANNOT DOWNLOAD Concertos or other accompaniments. YOU CAN USED THEM ONLY IN THE http://www.orchestralaccompaniment.com/ WEBSITE IN YOUR PROFILE.
I may also offer special promotional plans, memberships or services. I reserve the right to modify, terminate or otherwise amend my offered subscription plans and promotional offerings at any time in accordance with these Terms.
You should ensure, before buying these goods, that you have a music system or personal stereo with a sufficient degree of amplification for using these tracks to play along to. Hi-fi speakers should ideally be upwards of 15W power, and headphones should have volume control capability. However, please ensure that you take measures to protect your hearing, never listen to headphones at high volumes or for extended periods of time.

4.1 Payments, cancellations and Tax

PLEASE ENSURE THET YOU TAKE CARE OVER ORDERING THE PRODUCTS YOU WANT.
You may purchase a Paid Subscription directly from OrchestraForMe by paying the annual fee in advance.
OrchestraForMe may change the price for the Paid Accompaniments Subscriptions, including recurring subscription fees. The price change comes into effect immediately. Subject to applicable law, you accept the new price by continuing to use the OrchestraForMe Service after the price change takes effect. If you do not agree with a price change, you can use previously made purchases until the end of the subscription period. Price change does not apply to previously purchased accompaniments.
If you purchase a Paid Subscription, you authorize OrchestraForMe to charge you automatically after purchase. You agree that the Cooling-off Period is available for fourteen (14) days after your purchase BUT IS LOST ONCE YOU USE THE OrchestraForMe SERVICE DURING THAT PERIOD.
However, if in exceptional cases you can prove there is a fault with the sale, for example no product after payment, then please contact me and I refund your money.
Currently, these products are not subject to DE VAT, but I reserve the right to introduce additional VAT costs in the future if necessary.
As of October 2019 I no longer charge VAT on purchases made from the European Union. While I used to charge VAT on these orders, the EU recently introduced a turnover threshold for this. As my EU turnover is below that threshold I am not currently obliged to charge VAT. If this changes in the future I may have to reintroduce VAT but I shall make it clear on the website if this is the case.

4.2 Free use for a limited time

From 01/12/2021, all albums on the OrchestraForMe website will be free until the end of 2022.
I RESERVE THE POSSIBILITY TO CHANGE THE DURATION OF THE FREE VERSION.
If you want to use the free version, you have to register (Username, Email address and Password).
After the end of the free version, ALL ALBUMS will be REMOVE from user accounts.
The Subscription will be available again.
All changes to the duration of the free version will be visible on the OrchestraForMe website.

5. Using my service, Copyright Policy

The OrchestraForMe Service are the property of OrchestraForMe. I grant you limited, non-exclusive, revocable permission to make use of the OrchestraForMe Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or OrchestraForMe. You promise and agree that you are using the OrchestraForMe Service and Content for your own personal (for example: at home, at school, at university, during exams, during auditions), noncommercial use and that you will not REDISTRIBUTE or TRANSFER the OrchestraForMe Service or the Content.
The Content are not sold or transferred to you, and OrchestraForMe retain ownership of all Content even after using them on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”).
All OrchestraForMe trademarks, service marks, trade names, logos, domain names, and any other features of the OrchestraForMe brand (“OrchestraForMe Brand Features”) are the sole property of OrchestraForMe or its licensors.
The Agreements do not grant you any rights to use any OrchestraForMe Brand Features whether for commercial or non-commercial use.
You agree to abide by my User guidelines and not to use the OrchestraForMe Service, the Content, or any part there of in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, OrchestraForMe grants no right, title, or interest to you in the OrchestraForMe Service or Content.
All of the recordings available by OrchestraForMe on the http://www.orchestralaccompaniment.com website are copyright protected against illegal use.

6. User-Generated Content

OrchestraForMe users can perform with their own participation (playing a solo instrument with an OrchestraForMe accompaniment) post, upload, or otherwise contribute content to the Services, for exampe: YouTube, Facebook and others (which may include, for example, pictures, text, messages, information, playlist titles, descriptions and compilations, and/or other types of content).
You are solely responsible for all User Content that you post. OrchestraForMe is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST OrchestraForMe RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD OrchestraForMe HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

7. Rights you grant me

In consideration for the rights granted to you under the Agreements, you grant me the right to allow the OrchestraForMe Service to use bandwidth and maybe the  processor and storage hardware on your Device in order to facilitate the operation of the Service, to provide advertising and other information to you. In any part of the OrchestraForMe Service, the Content you access, including its selection and placement, may be influenced by commercial considerations. Some Content licensed by, provided to, created by or otherwise made available by OrchestraForMe (e.g. podcasts) may contain advertising as part of the Content. The OrchestraForMe Service makes such Content available to you unmodified.
If you provide feedback, ideas, or suggestions to OrchestraForMe in connection with the OrchestraForMe Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize OrchestraForMe to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

8. User guidelines

OrchestraForMe respects intellectual property rights and expects you to do the same. I’ve established a few ground rules for you to follow when using the Service, to make sure OrchestraForMe stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:
1. copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the OrchestraForMe Service or the Content, or otherwise making any use of the OrchestraForMe Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the OrchestraForMe Service or the Content or any part of it;
2. transferring copies of cached Content from an authorized Device to any other Device via any means;
3. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the OrchestraForMe Service, Content or any
4. circumventing any technology used by OrchestraForMe, its licensors, or any third party to protect the Content or the Service;
5. selling, renting, sublicensing, or leasing of any part of the OrchestraForMe Service or the Content;
6. removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
7. providing your password to any other person or using any other person’s username and password;
8. “crawling” the OrchestraForMe Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from OrchestraForMe;
9. selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or
10. artificially promoting Content by automated means or otherwise.
Please respect OrchestraForMe, the owners of the Content, and other users of the OrchestraForMe Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
11. is offensive, abusive, defamatory, pornographic, threatening, or obscene;
12. is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of OrchestraForMe or a third party;
13. includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
14. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
15. is intended to or does harass or bully other users;
16. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
17. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by OrchestraForMe;
18. links to, references, or otherwise promotes commercial products or services, except as expressly authorized by OrchestraForMe;
19. interferes with or in any way disrupts the OrchestraForMe Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or OrchestraForMe’s computer systems, network, usage rules, or any of OrchestraForMe’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
20. conflicts with the Agreements, as determined by OrchestraForMe.
You acknowledge and agree that posting any User Content that violates these User guidelines (or that OrchestraForMe reasonably believes violates these User guidelines) may result in immediate termination or suspension of your OrchestraForMe account. You also agree that OrchestraForMe may reclaim your username where it is reasonable for me to do so, including if you have violated the Agreements.
Please be thoughtful about how you use the OrchestraForMe Service and what you share. Remember that shared or publicly available information may be used and re-shared by other users on OrchestraForMe or across the web, so please use OrchestraForMe carefully and be mindful of your account settings. OrchestraForMe has no responsibility for your choices to post material on the web.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify me immediately and change your password as soon as possible.

9. Service limitations and modifications

OrchestraForMe will make reasonable efforts to keep the OrchestraForMe Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. OrchestraForMe reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the OrchestraForMe Service, with advance notice where possible, all without liability to you, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the OrchestraForMe Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.
You understand, agree, and accept that OrchestraForMe will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
OrchestraForMe may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

10. Customer support

For customer support with account-related and payment-related questions, please submit on the Contact section of my website. I will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but I make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that I will be able to answer any such queries.

11. Term and termination

The Agreements will continue to apply to you until terminated by either you or OrchestraForMe. OrchestraForMe may terminate the Agreements or suspend your access to the OrchestraForMe Service at any time, including in the event of your actual or suspected unauthorised use of the OrchestraForMe Service and/or Content, non-compliance with the Agreements, or if I withdraw Services and/or Content (in which case I shall provide you reasonable notice in advance of doing so). If you or OrchestraForMe terminate the Agreements, or if OrchestraForMe suspends your access to the OrchestraForMe Service, you agree that OrchestraForMe shall have no liability or responsibility to you, and OrchestraForMe will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your OrchestraForMe account, please contact me.

12. Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE OrchestraForMe SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. OrchestraForMe MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OrchestraForMe IS NO WARRANTS THAT THE OrchestraForMe SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, OrchestraForMe MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE OrchestraForMe SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND OrchestraForMe IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.
NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM OrchestraForMe SHALL CREATE ANY WARRANTY ON BEHALF OF OrchestraForMe. WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING OrchestraForMe’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NONPERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

13. Limitation

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE OrchestraForMe SERVICE IS TO RESIGNATION AND TO STOP USING THE OrchestraForMe SERVICE. YOU AGREE THAT OrchestraForMe HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS (WEB BROWSER) OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE OrchestraForMe SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO OrchestraForMe, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS. IN NO EVENT WILL OrchestraForMe, BE LIABLE FOR:
1. ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH I AND YOU KNEW IT MIGHT;
2. ANY: LOSS OF USE; LOSS OF DATA; LOSS OF BUSINESS; LOSS OF PROFITS;
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER
APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

14. Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and OrchestraForMe, the Agreements constitute all the terms and conditions agreed upon between you and OrchestraForMe and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

15. Severability, waiver and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

16. Assignment

OrchestraForMe may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and OrchestraForMe may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

17. Indemnification

You agree to indemnify and hold OrchestraForMe harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: your breach of the Agreements or any one of them; any User Content you post or otherwise contribute; any activity in which you engage on or through the OrchestraForMe Service; and your violation of any law or the rights of a third party.

18. Contact

If you have any questions concerning the OrchestraForMe Service or the Agreements, please visit the Contact section of my website.

Thank you for reading my Terms. I hope you enjoy OrchestraForMe!

Good Luck & Have Fun
Mateusz Lis (owner of OrchestraForMe)