Terms of Use

Accelerando, LLC

Terms of Use

Last updated:   June 16, 2025

 

1. AGREEMENT TO TERMS

Welcome to our website. By using our Sites or any of our Services (as defined below), you agree to comply with and be bound by the following Terms of Use (“Terms”), which constitutes a legally binding agreement made between you, whether personally or behalf of an entity (“you”) and Accelerando, LLC, and its subsidiaries and affiliates, including RealTime Audio, LLC (“we”, “us”, “our”, or “Accelerando”), in connection with your use of our products and services, including MatchMySound (“Services”), and your access to and use of the https://app.matchmysound.com, www.matchmysound.com, and www.accelerandollc.com websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Sites“). You agree that by accessing or using the Sites, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING ANY OF THE SITES OR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

2. PRIVACY

Your use of the Sites and Services also is governed by our Privacy Policy and if you are 13 years of age or younger, your use of the Sites and Services is governed by our COPPA Privacy Policy. Please review these privacy policies prior to using any of the Sites or Services.

 

3. UPDATES

Supplemental terms and conditions or documents that may be posted on the Sites from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Sites so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Sites or Services after the date such revised Terms are posted.

 

4. INTERNATIONAL USE

The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement or liability within such jurisdiction or country. Accordingly, if you choose to access the Sites from other locations, you do so on your own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

5. COMPLIANCE WITH INDUSTRY-SPECIFIC LAWS

None of the Sites and Services are tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use these Sites. You may not use the Sites in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

 

6. PARENTAL CONSENT REQUIRED FOR CHILDREN UNDER AGE 13

The Sites and Services are intended for users of all ages. If you are under the age of 13, you are subject to the COPPA Privacy Policy and you may not use the Sites or register for or use any Services without providing us with express parental consent. Please see the COPPA Privacy Policy for instructions on how to provide the required parental consent and how to submit our required Parental Consent form.

 

7. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Sites, including all software applications, software code, website designs, audio, video, text, photographs, and graphics and other content available on or via the Sites or used in connection with any Services available or via the Sites, including app.matchmysound.com (collectively, the “Content“) contain proprietary and confidential information that is the property of Accelerando or its licensors, and the trademarks, service marks, and logos used on the Sites (the “Marks“) are owned or controlled by us or licensed to us. The Content, Services, and Marks are protected by international copyright, trademark, patents, trade secrets or other proprietary rights and laws and various other laws, treaties, and regulations, including unfair competition laws. Except as expressly provided in these Terms, no part of the Sites, Services, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, modified, adapted, rented, leased, loaned, sold, redistributed, or used to create derivative works or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Sites or Services.

 

8. LICENSE TO USE SITES AND SERVICES

a. Provided that you are eligible to use the Sites or Services, Accelerando grants you a limited, revocable, non-exclusive, nontransferable license (without a right to sublicense) to access and use the Sites, Services, and Content solely for your own personal, non-commercial use and not for replication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. Your use of the Sites, Services, and Content is at our discretion and we may terminate or suspend your use of any of the Sites, Services and Content at any time. We reserve all rights not expressly granted to you in and to the Sites, Services, Content and Marks.

b. If you are a music teacher and are using the Services in connection with providing your personal services to a student (“Music Professional”), then Accelerando grants to you a limited, revocable, non-exclusive, nontransferable license (without a right to sublicense) to access and use the Services and Content solely in connection with providing your personal services. Each of your students must individually register and agree to these Terms prior to accessing the Sites or any Services or Content.

c. You grant to us a non-exclusive, royalty-free, fully-paid, transferable license (with a right to license to our service providers and processors) to use, reproduce, modify, electronically distribute, and display your content, data, information (including personal information) provided to use in connection with the Sites or Services, for (i) providing the Services to you; (ii) complying with applicable legal requirements; (iii) assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with applicable laws; and (iv) any other purpose for which you provided consent.

 

9. PROHIBITED ACTIVITIES

You may not access or use the Sites, Services, or Content for any purpose other than that for which we make such available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site or Services, you agree not to:

  • Systematically retrieve data or other content from the Site or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information, such as user passwords, or personally identifiable information;
  • Circumvent, disable, or otherwise interfere with security-related features of the Site or Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site, Services or Content;
  • Disparage, tarnish, or otherwise harm, in our sole discretion, us, the Site, Services, Content or any third-party;
  • Use any information obtained from the Site or Services in order to harass, abuse, or harm another person;
  • Make improper use of our support services or submit false reports of abuse or misconduct;
  • Use the Sites or Services in a manner inconsistent with any applicable laws or regulations;
  • Engage in unauthorized framing of or linking to the Sites;
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Sites or Services, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Sites or Services;
  • Engage in any automated use of the Sites or Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  • Delete the copyright, trademark or other proprietary rights notice from any Content;
  • Attempt to impersonate another user or person or use the username of another user;
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1 x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
  • Interfere with, disrupt, or create an undue burden on the Sites, Services or the networks or other services connected to the Sites or Services;
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Sites or Services to you;
  • Attempt to bypass any measures of the Sites or Services designed to prevent or restrict access to the Site or Services, or any portion of the Sites or Services;
  • Copy or adapt the Sites or Services software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Sites or Services;
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Sites, or using or launching any unauthorized script or other software;
  • Use a buying agent or purchasing agent to make purchases on the Sites;
  • Make any unauthorized use of the Sites, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • Use the Sites or Services as part of any effort to compete with us or otherwise use the Sites, Services or Content for any revenue-generating endeavor or commercial enterprise; provided, however, that Music Professionals may use the Sites and Services solely in connection with providing their services to students;
  • Use the Site or Services to advertise or offer to sell any goods and services, including your own services; or
  • Sell or otherwise transfer your profile.

 

10. USER REPRESENTATIONS AND WARRANTIES  

a. By using the Sites, Services or Content, you represent and warrant that: (1) all Services registration information you submit to us will be true, accurate, current, and complete; (2) you will maintain the accuracy of all such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Sites or Services for any illegal or unauthorized purpose; and (7) your use of any of the Sites or Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to immediately suspend or terminate your account and refuse any and all current or future access to and use of the Sites (or any portion thereof) and Services.

b. As a Music Professional, you represent and warrant that, in addition to all of the above representations and warranties: (1) you will only use the Services, including any whiteboard, video and audio recordings (in any media) in strict accordance with applicable laws, regulations, and applicable industry standards, including privacy policies, child protection laws, obscenity laws and other laws and standards applicable to the teaching profession and work with children; (2) you will not share, transfer, lease, or otherwise use any Services or Content in violation of any U.S. or international intellectual property law, including federal laws regarding piracy and unauthorized use of copyright protected works; and (3) you will use reasonable efforts to prevent the unauthorized use of the Services and Content by your students. We do not have an obligation to monitor activity or usage of our Sites or Services; however, we reserve the right to immediately suspend or terminate your access to and use of our Services or Content in the event we reasonably suspect that your use of the Services or Content are in violation of these Terms.

 

11. USER REGISTRATION

You may be required to register with the Site or for the Services. You will use reasonable efforts to keep your password and other login credentials confidential and you will solely be responsible for all use of your account, password, and login credentials. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

12. FEES AND PAYMENT

a. You may be required to purchase or pay a fee to access one or more of our Services. You shall pay the fees for Services in accordance with the payment terms as stated in these Terms.

b. We only accept credit card payments from the following credit card issuers: (i) Visa, (ii) Mastercard, (iii) American Express, and (iv) Discover. We do not accept ACH payments or checks.

c. You agree to provide current, complete, and accurate purchase and account information for all purchases of products and Services made via the Sites. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

d. We bill you through an online billing account for purchases made via the Sites. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

e. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging of your payment method on a recurring basis without requiring your prior approval for each recurring charge until you notify us of your cancellation.

f. Timely payment of our fees is a prerequisite for continuation of any Services and access to Content. We will be entitled to suspend any Services in the event of a delay or default in payment, which default is not fully cured within five (5) days of our written notice to you of such default.

g. In the event of a delayed or defaulted payment, we have the right to assess a finance charge of 1.5% per month on any outstanding balance or the maximum amount permitted under applicable law, whichever is lower, and you will be responsible for any and all reasonable attorneys’ fees and costs necessary to enforce and collect payment incurred or due. If you dispute any charges, you must notify us in writing within 30 days after your invoice date. All amounts paid are non-refundable.

h. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Sites.

 

13. FREE TRIAL

We offer a 60-day free trial to new users who register for a Service via one of the Sites as a music teacher. If you are not a music teacher, we also offer a 30-day free trial. Your account will not be charged, and your subscription will be suspended until you upgrade to a paid version at the end of the free trial period. At the end of the free trial period, you will be required to provide payment information to continue access to your account and subject to the terms in Section 12. We will cancel your account if we do not receive a credit card for payment by the end of the trial period.

 

14. CANCELLATION

All purchases are non-refundable. You can cancel your subscription to Services at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our Services, please email us at support@matchmysound.com or call us at (+1) 518-687-4807.

 

15. CONTENT AVAILABILITY

We may add or remove Content, and other content available from a Service or the Sites at any time and make no guarantee as to the availability of specific Content in connection with a Service or Site. Some third party content may be made available from a Service or Site on a temporary or time-restricted basis. You will have access to Content only for so long as we make it available to subscribers of the Services, and some Content may not be available, or available on a restricted basis, to free trial users. Some Services or Content may be offered in limited territories and we may use geo-filtering technology to restrict access to certain Services or Content outside of those territories.

 

16. INDEMNIFICATION

You agree to indemnify and hold Accelerando, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties“) harmless from any breach of these Terms by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Sites, Services, Content, and any content or information or service accessed from any of the Sites or Services.

 

17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

a. YOUR USE OF SITES, SERVICES, AND CONTENT IS AT YOUR OWN RISK. THE SITES, SERVICES AND CONTENT, SERVICES AND/OR INFORMATION PROVIDED BY THE SITES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ACCELERANDO DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ACCELERANDO DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE SITES OR ANY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCELERANDO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SERVICES OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE CONTENT AND SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ACCELERANDO MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITES AND SERVICES AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES OR SERVICES, OR ANY CONTENT THEREIN. ACCELERANDO MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICES OR CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITES OR IN CONNECTION WITH THE SERVICES.

b. ACCELERANDO, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ACCELERANDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR ACCELERANDO WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ACCELERANDO AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE LESSER OF $1000 OR THE AMOUNT YOU HAVE PAID TO ACCELERANDO FOR THE USE OF ANY SITES OR ANY SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT THAT GAVE RISE TO THE SUBJECT CAUSE OF ACTION.

c. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

 

18. USER-GENERATED CONTRIBUTIONS

a. The Sites and Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site or via the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions“). Contributions may be viewable by other users of the Sites or Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited the copyright, patent, trademark, trade secret, or moral rights of any third party;
  • You are the creator and owner of or have all necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Sites, the Services and other users of the Sites and Services to use your Contributions in any manner contemplated by the Sites, Services and these Terms;
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Sites, Services and these Terms;
  • Your Contributions are not false, inaccurate, or misleading;
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us in our sole discretion);
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people;
  • Your Contributions do not violate any applicable law, regulation, or rule;
  • Your Contributions do not violate the privacy or publicity rights of any third party;
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Sites or Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Sites or Services.

 

19. CONTRIBUTION LICENSE

a. By posting your Contributions to any part of the Sites or Services or making Contributions accessible to the Site by linking your account from the Site or Services to any social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license (with a right to sublicense) to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, adapt, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

b. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name company name and franchise name as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

c. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Sites or Services and you expressly agree to exonerate and fully indemnify us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

d. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

20. SOCIAL MEDIA

a. As part of the functionality of the Sites, you may link your account with online accounts you have with third ­party service providers, including certain social media platforms (each such account, a “Third-Party Account“) by either: (1) providing your Third­-Party Account login information through the Sites; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. Note that not all social media platforms and other service providers are supported by the Sites or the Services. We do not guarantee that you will be able to link your account to all social media platforms and third-party accounts and services.

b. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third­-Party Account.

c. By granting us access to any Third-Party Accounts, you understand and agree that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content“) so that it is available on and through the Sites via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third­ Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Sites. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Sites. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

d. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

e. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Sites. You can deactivate the connection between the Sites and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

 

21. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, Services, or Content (“Submissions“) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

22. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site and Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site and Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

 

23. PRIVACY POLICY

We care about data privacy and security of your personal information. Please review our Privacy Policy. If you are under the age of 13, please review, and have your parent or guardian review, our COPPA Privacy Policy, and submission requirements of your parent’s/guardian’s consent to your use of the Sites and Services. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

 

24. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

a. We respect the intellectual property rights of others. If you believe that any material available on or through the Sites or Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification“). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site or Services infringes your copyright, you should consider first contacting an attorney.

b. All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Sites or Services are covered by the Notification, a representative list of such works on the Site or Services; (3) a description of the material that you claim is infringing and information reasonably sufficient for us to locate the material on the Site or in the Services; (4) your address, telephone number, and, if available, an email address; (5) a statement by you that you have a good faith belief that of the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owners or you are authorized to act on behalf of the copyright owner.

c. Our Designated Copyright Agent for Notification of claims of copyright infringement on the Sites and in connection with the Services and Content is:
Steven Raft
Accelerando, LLC d/b/a MatchMySound
7 West Street, Suite 33
Litchfield, CT 06759 United States
Email:  DMCAcompliance@matchmysound.com

d. If you believe your own copyrighted material has been removed from the Site or the Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided above (a “Counter Notification.”)  To be an effective Counter Notification, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement, under penalty of perjury, that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

e. If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

 

25. TERM AND TERMINATION

These Terms of Service shall remain in full force and effect while you use the Site or any Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) SERVICES, AND CONTENT TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. You agree that Accelerando will not be liable to you or any third party for any modification, suspension or discontinuance of any of the Sites or Services.

 

26. MISCELLANEOUS

a. Nothing contained in these Terms or your use of the Sites or Services shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

b. These Terms constitutes the entire agreement between you and Accelerando and governs the terms and conditions of your use of the Sites, Services and Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Accelerando with respect to the Sites, Services and Content. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to our privacy policies), guidelines, or rules that may apply when you use the Sites and Services. Accelerando may revise these Terms at any time by updating these Terms of Use and posting it on one or more of the Sites. Accordingly, you should visit the Sites and review the Terms of Use periodically to determine if any changes have been made. Your continued use of the Sites or Services after any changes have been made to the Terms signifies and confirms your acceptance of any such changes or amendments to the Terms.

c. These Terms are governed by and construed in accordance with the internal laws of the State of Connecticut.

d. THE PARTIES AGREE THAT ALL PROCEEDINGS (IN CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS, ANY RELATIONSHIPS BETWEEN THE PARTIES HEREUNDER AND ANY DISPUTES WITH RESPECT TO ANY OF THE FOREGOING SHALL BE COMMENCED AND PROSECUTED EXCLUSIVELY IN THE FEDERAL AND STATE COURTS OF THE STATE OF CONNECTICUT (COLLECTIVELY, THE “CONNECTICUT COURTS”).  EACH PARTY WAIVES ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, ANY RELATIONSHIP BETWEEN THE PARTIES HEREUNDER AND ANY DISPUTES WITH RESPECT TO ANY OF THE FOREGOING IN ANY OF THE CONNECTICUT COURTS. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DEFENSE OF AN INCONVENIENT FORUM TO THE MAINTENANCE OF SUCH PROCEEDING IN ANY OF THE CONNECTICUT COURTS. EACH PARTY CONSENTS AND SUBMITS TO THE NON-EXCLUSIVE PERSONAL JURISDICTION OF ANY OF THE CONNECTICUT COURTS IN RESPECT OF ANY SUCH PROCEEDING.

e. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SITES, SERVICES OR CONTENT, OR THESE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

f. You further agree that you may bring a claim or cause of action against Accelerando or its Affiliates solely in your individual capacity and not as a plaintiff or class member in any purported class or representative procedure.

g. If any provision of the Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

h. The failure of Accelerando to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by Accelerando must be in writing and signed by an authorized representative of Accelerando.

 

If you have any questions regarding these Terms of Use, please contact us at support@matchmysound.com.