Terms and Conditions

Terms of Service:

We (the folks at Sessionwire®) provide services for musicians and producers of all kinds of audio content to record and collaborate together no matter where they are in the world. Sessionwire is a paid subscription service, available on a monthly or annual basis. Our service is designed to give you as much control and ownership over your content as possible and encourage you to express yourself freely. However, be responsible for what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your profile page. If you find a Sessionwire profile page that you believe violates these Terms of Service, please contact us.

The following terms and conditions (“Terms”) govern all use of the Sessionwire.com website and all content, services, and products available at or through the website, including, but not limited to, www.sessionwire.com, sessionwire.studio, our MacOS application, installers and associated drivers and support software (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Sessionwire’s Privacy Policy) and procedures that may be published from time to time by Sessionwire (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Sessionwire, acceptance is expressly limited to these Terms.

Our Services are not directed to children younger than 13, and access and use of our Services are only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services requires a Sessionwire account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. Sessionwire.com

Your Sessionwire Account. When you sign up for a Sessionwire account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify Sessionwire of any unauthorized uses of your account, your account, or any other breaches of security. Sessionwire will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors: If you operate a profile page, send information or media to other Sessionwire users, post material to Sessionwire.com, post links on Sessionwire.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Sessionwire, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to Sessionwire for inclusion on your profile page, you grant Sessionwire a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting the Services. If you delete Content, Sessionwire will use reasonable efforts to remove it from Sessionwire.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Sessionwire has the right (though not the obligation) to, in Sessionwire’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in Sessionwire’s reasonable opinion, violates any Sessionwire policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of the Services to any individual or entity for any reason. Sessionwire will have no obligation to provide a refund of any amounts previously paid.

Advertisements:Sessionwire reserves the right to display advertisements on your profile page unless you have purchased a paid subscription account.

Payment and Renewal

General Terms: By signing up for Sessionwire you agree to pay Sessionwire the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis, beginning 30 days from the day you sign up, and will cover the use of that service for a monthly or annual subscription period as indicated.
Automatic Renewal Unless you notify Sessionwire before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time in the Manage Account section of your profile page.

2. Responsibility of Users

Sessionwire has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Sessionwire does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Sessionwire disclaims any responsibility for any harm resulting from the use by users of our Services, or from any downloading by those users of content there posted.

3. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Sessionwire.com links, and that link to Sessionwire.com. Sessionwire does not have any control over those non- Sessionwire.com websites and is not responsible for their contents or their use. By linking to a non- Sessionwire.com website, Sessionwire does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Sessionwire disclaims any responsibility for any harm resulting from your use of non- Sessionwire.com websites and webpages.

4. Copyright Infringement

As Sessionwire asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Sessionwire.com violates your copyright, you are encouraged to notify Sessionwire in accordance with the Copyright Act. Sessionwire will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Sessionwire will terminate a user’s access to and use of the Services if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Sessionwire or others. In the case of such termination, Sessionwire will have no obligation to provide a refund of any amounts previously paid to Sessionwire.

5. Intellectual Property

This Agreement does not transfer from Sessionwire to you any Sessionwire or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Sessionwire. Sessionwire, Sessionwire.com, the Sessionwire logo, and all other trademarks, service marks, graphics, and logos used in connection with Sessionwire.com or our Services, are trademarks or registered trademarks of Sessionwire or Sessionwire’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Sessionwire or third-party trademarks.

6. Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

7. Termination

Sessionwire may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Sessionwire account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties

Our Services are provided “as is.” Sessionwire and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Sessionwire nor its suppliers and licensors makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

9. Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the Province of British Columbia, Canada, without regard to conflicts of law, and the proper jurisdiction for any disputes arising out of or relating to any of the same will be the Province of British Columbia, Canada.

10. Arbitration Agreement

If any dispute arises between the Parties relating to the application, interpretation, implementation, or validity of this agreement, the Parties agree to resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Vancouver and shall proceed in accordance with the provisions of the Arbitration Act (British Columbia). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

11. Limitation of Liability

In no event will Sessionwire, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Sessionwire under this Agreement during the twelve (12) month period prior to the cause of action. Sessionwire shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Sessionwire Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

13. Indemnification

You agree to indemnify and hold harmless Sessionwire, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

14. Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

15. Miscellaneous

This Agreement constitutes the entire agreement between Sessionwire and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sessionwire, or by the posting by Sessionwire of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Sessionwire may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

License

These Terms of Service incorporate text from a document kindly made available by Automattic, under the Creative Commons Sharealike license.