We may change, add, amend or remove any part of these Terms of Service or Application at our sole discretion. Sofasession reserves the right to remove any content or functionality of the Application at our sole discretion. In the case that changes, adds, amends or removes any par of the Terms of Service, sofasession will make available such changes to on sofasession.com website and notify all registered members by e-mail.
You may use the Application only in compliance with these Terms of Service, if you are 18 years or older, have the authority to enter into a legally binding contract with sofasession and are not barred under any applicable laws or contracts from doing so. When you are between 13 and 18 years old you may use our Application only if your user account was registered by your parent or legal guardian. sofasession reserves the right to request written confirmation regarding your authority to enter into this contract.
You agree only to use the Application via your own account. You undertake not to use the Application for other purposes than for the purposes which sofasession has indicated that the Application is intended for.
The Application enables you to setup remote jam sessions in the internet and to establish audio connections with other users of sofasession. You are able to search other users and select them based on the information they have provided on the website for such jam sessions. By using the Application you grant sofasession permission to access local audio hardware on your computer in order to capture, send and receive audio data as well as using information provided by you on the website to give other users information about you as a musician.
You are able to upload and post data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, links and other content, data or information as well as be able to perform, stream and record musical pieces on sofasession (“Content”).
sofasession also enables registered users of the Application to interact with one another, to contribute to the existing songs or discussions, to view, listen to and share Content uploaded or recorded on sofasession and otherwise made available by registered users.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content (such as photos, videos or audio recordings) via the Application.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, sofasession prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to sofasession upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Application, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
We reserve the right to suspend or terminate your account if activities occur on that account that would or might constitute a violation of these Terms of Service, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
sofasession respects intellectual property of others and we ask you to do the same. sofasession will respond to legally founded notices of alleged copyright infringements and we reserve the right to delete or disable Content or functions that are alleged to cause such infringements or to avoid repeated infringements.
The users are solely responsible for the Content that you submit, post or display on or via the Application. All Content represents the user´s individual opinion or presentation which will be not examined/checked by sofasession before publishing it on our webpage.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
User guarantees for all Content contributed/recorded on sofasession that he is either the only author of the Content or he received full and clear consent from all participants, authors, co-authors, performing artists or other involved persons holding the relevant rights or copyrights with regard to your contributed Content.
To the fullest extent permissible by law, sofasession shall not be responsible or liable to you or any third parties claiming through or under you under any circumstances for any lost profits, lost data, equipment downtime, or for any indirect, consequential, special, or exemplary damages or losses, arising out of your use or inability to use the Application, including but not limited to interruptions or delays in transmission, regardless of the type of claim or the nature of the cause of action, even if sofasession has been advised of the possibility of damage or loss.
If you are dissatisfied with the Application, do not agree with any part of this Terms of Service or have any other dispute or claim with or against sofasession related to the Application, your sole and exclusive remedy is to discontinue use of the Application. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy, and to the extent applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, the foregoing limitation may not apply to you. You acknowledge and agree that in the absence of this limitation of liability these terms would be materially different or you would not be granted access to the Application.
The Application and Content are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, completeness, availability, without any errors or omissions, free of viruses and/or other harmful components, which are hereby expressly disclaimed to the fullest extent permissible pursuant to applicable law. The company shall not be responsible or liable to any user for any acts of fraud, theft, misappropriation, tampering, hacking, interception, piracy, misuse, misrepresentation, dissemination, or other illegal or unauthorized activities of third parties. sofasession shall not liable for any Content of third parties. You understand and expressly agree that your use of the Application and Content is at your sole risk, that any and all Content uploaded, downloaded or otherwise obtained through your use of the Application are at your own discretion and risk and that you will be solely responsible for any damage to you, your property or any third party or their property arising from use of the Application or Content, and that the use of the Application is lawful in your jurisdiction. sofasession shall not be responsible for shipping or fulfillment delays, the cancellation of any transaction or the unavailability of any service. sofasession shall not be liable for any disputes and/or claims arising between you and other parties using the Application. You agree to solve out all potential disputes directly with the other party without involving sofasession in such disputes. You release and hold harmless sofasession from any claims, liabilities or damages arising out of such disputes.
To the extent that the applicable law does not permit the disclaimer of warranties, the Application and Content are warranted only to the minimum amount legally required.
The security of the information that you provide or generate, as part of your use of the Application, is of great importance to sofasession.
When using the Application you are responsible for safekeeping the password and login credentials that you use to access the Application and you agree not to disclose your password to any third parties. You are solely responsible for any activity performed from your account and shall immediately notify sofasession of any unauthorized use of your account.
These Terms grant you a non-exclusive, non-transferable, royalty-free, revocable and limited license to personal/internal use of the Application. You may not sell, rent, loan, lease, sublease, assign or otherwise transfer or dispose the use of the Application in whole or in part, to any third party without the prior written consent from sofasession. All software and technology used to provide the Application are protected by copyright and trademark laws of both Austria and foreign countries. No right, title, or interest in or to the Application, trademarks or trade names is granted to you under these Terms.
The Application may contain services wholly or partially provided by third parties. sofasession does not endorse or assume any responsibility for third party products and services, their availability, accuracy and content.
You can stop using this Application. In order to delete your account, please send us an e-mail using our contact form.
This Agreement shall be governed by the laws of the Republic of Austria, without regard to principles of conflicts of law. The international convention CISG agreement is not applicable.
If any term of these Terms of Service are found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by sofasession in exercising any right hereunder will waive any further exercise of that right. sofasession’s rights and remedies hereunder are cumulative and not exclusive.