Terms of Service

These Terms of Service are a contract between you and PlaySound Inc. (“PlaySound”), the company that owns Play Piano. This contract will be referred to as the “Agreement.” Please read the Agreement carefully.

1. INTRODUCTION

This Agreement governs and controls your use of the Play Piano product (the “Product”). By using the Product, you accept this Agreement in full. If you disagree with the terms and conditions of this Agreement, or any part of them, you must not use the Product. Your use of the Product must comply with this Agreement and any other use of the Product is a material breach of this Agreement. PlaySound may, but is not obligated to, monitor your use of the Product to confirm that you are complying with the terms of this Agreement.

Your use of the Product is subject to the PlaySound Privacy Policy, which is made a part of this Agreement by reference.

Our Product uses cookies. By using the Product and entering into this Agreement with us, you consent to our use of cookies in accordance with our Privacy Policy.

The Product is available for your use in the country or territory where you reside (“Home Country”). By creating an account for use of the Product in a particular country or territory you are specifying it as your Home Country. To use the Product, you need compatible hardware, software (latest version recommended and may be required) and Internet access (fees may apply). The Product’s performance may be affected by these factors.

A. Product Provider

PlaySound is located at 18 King Street East, Suite 1400, Toronto, Ontario M5C 1C4 Canada.

B. Age and Eligibility Requirements

By using the Product, you affirm that you are at least thirteen (13) years old, or the equivalent minimum age in your Home Country. Additionally, to use the Product, you represent that any account information that you submit to PlaySound is true, accurate, and complete, and you agree to inform PlaySound of any changes.

2. THE PLAY PIANO PRODUCT

A. Play Piano Product Options

We provide two (2) Product options. Certain Product features are provided free of charge, while other features require payment before they can be accessed (“Paid Subscriptions“). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. If we offer third-party products and services, we will not be responsible for the products and services provided by such third parties.

B. Trial Periods

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (“Trial”). By using the Product via a Trial, you agree to the Paid Subscription terms and conditions contained in this Agreement.

C. Third-Party Applications & Devices

The Product is designed to be used with Google’s Chrome web browser. The Product may be integrated with, or may otherwise interact with, other third-party applications, websites, and services (”Third-Party Applications”) and third-party personal computers, musical keyboards, and other devices (“Devices”). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. PlaySound does not guarantee that Third-Party Applications and Devices will be compatible with the Product.

D. Product Limitations and Modifications

We use reasonable efforts to keep the Product operational and to provide you with a personalized musical experience. Nonetheless, PlaySound reserves the right to change our Product, its features, and its availability from time to time, without notice or liability to you. For example: The Product may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.

We intend to evolve and improve the Product constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of the Product (including particular functions, features, subscription plans, and promotional offerings). PlaySound has no obligation to provide any specific MIDI files, music lessons, or other content in on or by means of the Product, and PlaySound or the applicable content owners may remove particular content without notice.

If you have prepaid fees directly to PlaySound for a Paid Subscription that PlaySound permanently discontinues prior to the end of your Prepaid Period (as that term is defined in the “Payments and Cancellations” section below), PlaySound will refund you the prorated portion of the prepaid fees for the Prepaid Period after such discontinuation. Your account and billing information must be up to date for us to refund you.

PlaySound has no liability to you, nor any obligation to provide a refund to you, in connection with internet or Product outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

3. YOUR USE OF THE PLAY PIANO PRODUCT

A. Your Play Piano Account

You will need to create a Play Piano User Account to use the Product. Your user name and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your user name and password.

Notify our Customer Support team immediately if your user name or password is lost or stolen, or if you believe there has been unauthorized access to your account. PlaySound may reclaim, or require you to change, your user name for any reason. PlaySound may suspend or cancel payment or refuse a refund request if we find evidence of fraud, abuse, or unlawful or other manipulative behavior.

B. Your Right to use Play Piano

i. PlaySound Content & User Content

Play Piano enables you to play MIDI files. This Agreement governs and controls your access to and use of content by means of the Play Piano Product, including without limitation: a) any MIDI files, musical scores, lessons, or other materials or features offered by PlaySound in on or by means of the Product (“PlaySound Content”); and b) any MIDI files that you upload to PlaySound, or feedback, comments, or other materials that you provide or post to PlaySound in connection with your use of the Product (“User Content”).

ii. Access to the Play Piano Product

Subject to your compliance with this Agreement (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Product and the PlaySound Content that we provide to you (collectively, ”Access”). This Access shall remain in effect unless and until terminated by you or PlaySound. The Product and PlaySound Content are licensed, not sold or transferred to you, and PlaySound and its licensors retain ownership of all copies of the Play Piano software and PlaySound Content. PlaySound is not responsible or liable for third party materials included within or linked from the Product or any PlaySound Content.

iii. Prohibited Uses

Your use of the Product must comply with the terms of this Agreement. We reserve the right to edit or remove any User Content that does not comply. If we become aware of your violations of this Agreement, we may terminate your Access and/or delete your Account. If you see content or material that does not comply with this Agreement, including any offensive, abusive, or illegal content, please let us know at Customer Support.

You may not use the Product to:

Upload, submit or post any material that you do not have permission, right or license to use, or that infringes on the copyright, trademark, right of publicity or any other rights of any third party;

Upload, submit or post any material capable of giving rise to legal action whether against you or us or a third party under any applicable law;

Upload, submit or post any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint;

Upload, submit or post objectionable, offensive, unlawful, deceptive, inaccurate, or harmful material;

Upload, submit or post personal, private, or confidential information belonging to others;

If you are age 18 or older, request personal information from a minor;

Impersonate or misrepresent your affiliation with another person, or entity;

Submit, post, or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or announcements;

Submit, post, modify, or remove a rating or review in exchange for any kind of compensation or incentive;

Submit or post dishonest, abusive, harmful, misleading, or bad-faith rating or review, or a rating or review that is irrelevant to the content being reviewed; or

Plan or engage in any illegal, fraudulent, or manipulative activity.

4. PLAYSOUND INTELLECTUAL PROPERTY

You agree that the Product, including but not limited to PlaySound Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement and provide the Product, contain proprietary information and material that is owned by PlaySound, its licensors and/or content providers, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Product for personal, noncommercial uses in compliance with this Agreement. No portion of the Product or PlaySound Content may be transferred or reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, share, or distribute the Product or PlaySound Content in any manner, and you shall not use the Product in any manner not expressly authorized.

All PlaySound and Play Piano trademarks, service marks, trade names, logos, domain names, and any other features of the PlaySound brands (“PlaySound Marks”) are the sole property of PlaySound or its licensors. This Agreement does not grant you any rights to use any PlaySound Marks whether for commercial or non-commercial use.

5. USER CONTENT & LICENSES

A. User Content

You are solely responsible for all User Content that you upload, submit, or post in connection with the Product. You promise that, with respect to such User Content, (1) you own or have the right to use or post such User Content; and (2) such User Content and its use by PlaySound pursuant to the license granted below, does not: (i) violate this Agreement, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by PlaySound or any artist, band, label, or other individual or entity without the prior express written consent from PlaySound or such individual or entity.

In posting any comments, ratings, or reviews, or other content in on or by means of the Product, please keep in mind that this information may be publicly accessible and may be used and re- shared by others across the internet, so please use caution in posting. PlaySound is not responsible for what you or others upload or post in connection with the Product. If you see material that does not comply with this Agreement, including any offensive, abusive, or illegal content, please contact us at Customer Support.

B. Monitoring User Content

PlaySound may, but has no obligation to, monitor or review User Content. Play Piano reserves the right to remove or disable access to any User Content for any or no reason. Play Piano may take these actions without prior notification to you.

C. License That You Grant to PlaySound

i. License of User Content

We make no claims of ownership of your User Content. However, for us to make User Content such as your MIDI files available for you to play using the Product, we do need a limited license from you to that User Content. Accordingly, you hereby grant to PlaySound a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Product. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback (as defined below), and your right to object to derogatory treatment of such User Content (for example, if another user comments on your User Content).

ii. Feedback

If you provide ideas, suggestions, or other feedback in connection with your use of the Product or any Content ("Feedback"), such Feedback is not confidential and may be used by PlaySound without restriction and without payment to you. Feedback is considered a type of User Content under this Agreement.

iii. Your Device

You also grant to us the right: (1) to allow the Product to interface with the Chrome web browser that you have installed on your Device, and to use your bandwidth (your internet access provider’s fees may apply) in order to facilitate the operation of the Product, (2) to provide advertising and other information to you, and (3) to allow our business partners to provide advertising and other information to you.

iv. Available Content

In any part of the Product, the content that you access, including its selection and placement, may be influenced by commercial considerations, including PlaySound's agreements with third parties. Some content licensed by, provided to, created by, or otherwise made available by PlaySound may incorporate advertising or other promotional messages.

v. Infringement Claims

PlaySound respects the rights of intellectual property owners. If you believe that any PlaySound Content infringes your copyright rights, please see the PlaySound Copyright Policy.

6. PAYMENT & TAXES

A. Billing

You may purchase a Paid Subscription by paying a subscription fee plus applicable taxes in advance. You may purchase a Paid Subscription for the period of one (1) month or one (1) year (the “Prepaid Period”).

If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled your Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you update your payment information. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription.

Tax rates are calculated by our payment processors, PayPal and Stripe, based on the information you provide and the applicable rate at the time of your monthly charge.

B. Price and Tax Changes

PlaySound may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Prepaid Period (for periods not yet paid), and will communicate any price changes to you in advance. Price changes will take effect at the start of the Prepaid Period following the date of the price change and by continuing to use the Product after the price change takes effect you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, or territory. Any change in tax rate may be automatically applied based on the account information you provide.

7. ACCOUNT STATUS

Contact Customer Support for instructions on how to cancel your Paid Subscription or delete your User Account. The cancellation will take effect the day after the last day of the current Prepaid Period (either one month or one year) and you will be downgraded to the free version of the Product. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

If you fail, or PlaySound suspects that you have failed, to comply with any of the provisions of this Agreement, we may, without notice to you: (a) terminate your Access to the Product; or (b) terminate this Agreement and/or your User Account. You will remain liable for all amounts due under your User Account up to and including the date of termination.

8. EXPORT CONTROLS & SANCTIONS

Certain PlaySound products and services are subject to trade control laws, including the export control and economic sanctions laws of the United States, the European Union, the United Kingdom and other jurisdictions, including but not limited to the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), the International Traffic in Arms Regulations maintained by the U.S. Department of State, Regulation 2021/821 as amended (EU Dual-Use Regulation), the UK Export Control Act 2002 and the UK Export Control Order 2008 (collectively, "Trade Control Laws"). You represent and warrant that you are (1) not located in, organized under the laws of, or ordinarily resident in any country or territory subject to territorial sanctions ("Sanctioned Country"), nor are you owned by or acting on behalf of a Government subject to asset-blocking sanctions or any person or entity organized, located or ordinarily resident in a Sanctioned Country; and (2) not a person identified on, or more than 50% owned or controlled, directly or indirectly, by or acting on behalf or at the direction of any entity identified on, U.S., E.U., U.K., or other applicable government restricted party lists, such as the Specially Designated Nationals List maintained by OFAC, the Consolidated list of persons, groups and entities subject to EU financial sanctions, or the UK Consolidated List.

You agree to comply with all applicable Trade Control Laws in your use of the Product. Specifically, you agree not to, directly or indirectly, use, sell, supply, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from PlaySound under this Agreement to any destination, entity, or person or for any end use prohibited by applicable Trade Controls Laws. PlaySound shall not be required to act in any way that is prohibited under applicable Trade Control Laws, and it shall be in the sole discretion of PlaySound to refrain from being directly or indirectly involved in the provision of products or services that may be prohibited under applicable Trade Control Laws.

9. CUSTOMER SUPPORT & COMPLAINTS

For assistance with account and payment questions, please contact PlaySound Customer Support.

If you have any questions concerning the Product or this Agreement (including any additional PlaySound terms and conditions incorporated herein), please contact PlaySound Customer Support. You may also contact us at the email or mailing address set forth in the "Product Provider" section at the start of this Agreement.

In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 to resolve a complaint regarding the Product or to receive further information regarding your rights in relation to your use of the Product.

10. SUSPENSION & TERMINATION OF THE PRODUCT

This Agreement will continue to apply to you until terminated by either you or PlaySound. PlaySound may terminate this Agreement (including any additional terms and conditions incorporated herein) or suspend your access to the Product at any time if we believe you have breached or violated the terms of this Agreement, if we stop providing the Product or any material component thereof, or as we believe necessary to comply with applicable law. If you or PlaySound terminate this Agreement, or if PlaySound suspends your access to the Product, you agree that PlaySound shall have no liability or responsibility to you, and (except as expressly provided in this Agreement) PlaySound will not refund any amounts that you have already paid. You may terminate this Agreement at any time, in which case you may not continue accessing or using the Product. To learn how to terminate your Play Piano account, please contact Customer Support.

The following sections shall survive any termination of this Agreement: Sections 2 (The Play Piano Product), 3 (Your Use of the Play Piano Product), 4 (PlaySound Intellectual Property), 10 (Customer Support & Complaints), 12 (Other Provisions), 13 (About This Agreement), as well as any other sections of this Agreement that, either explicitly or by their nature, must remain in effect even after termination of this Agreement.

11. OTHER PROVISIONS

A. Warranty Disclaimers

THE Play Piano PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, PLAYSOUND AND ITS LICENSORS DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING PLAYSOUND CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER PLAYSOUND NOR ANY PLAYSOUND LICENSOR WARRANTS THAT THE PLAY PIANO PRODUCT OR PLAYSOUND CONTENT ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, PLAYSOUND MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE PLAY PIANO PRODUCT OR ANY HYPERLINKED WEBSITE, AND PLAYSOUND IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM PLAYSOUND SHALL CREATE ANY WARRANTY ON BEHALF OF PLAYSOUND. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.

B. Limitation of Liability & Time for Filing a Claim

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PLAY PIANO PRODUCT IS TO UNINSTALL ANY PLAY PIANO SOFTWARE AND TO STOP USING THE PRODUCT. YOU AGREE THAT PLAYSOUND HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE PLAY PIANO PRODUCT, 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 PLAYSOUND, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLAYSOUND, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLAY PIANO PRODUCT, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PLAYSOUND HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLAY PIANO PRODUCT, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO PLAYSOUND DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00.

For clarification, this Agreement does not limit PlaySound's liability for fraud, fraudulent misrepresentation, death, or personal injury to the extent that applicable law would prohibit such a limitation.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY LEGAL CLAIM ARISING UNDER THIS AGREEMENT MUST BE COMMENCED (BY FILING AN INDIVIDUAL ACTION) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

C. Third-Party Rights

You acknowledge and agree that the owners of certain content (such as music publishers), and our payment processors are intended beneficiaries of this Agreement and have the right to enforce this Agreement directly against you. Other than as set out in this section, (1) this Agreement is not intended to grant rights to anyone except you and PlaySound; and (2) in no event shall this Agreement create any third-party beneficiary rights.

D. Indemnification

You agree to indemnify and hold PlaySound harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or related to: (1) your breach of any of the terms and conditions of this Agreement (including any additional PlaySound terms and conditions incorporated herein); (2) any User Content you upload, submit, or post in connection with the Product; (3) any activity in which you engage on or through the Product; and (4) your violation of any law or the rights of a third party.

E. Governing Law, Jurisdiction & Jury Trial Waiver

Except to the extent expressly provided below, this Agreement and any dispute, claim, and/or controversy that in any way relates to or arises in connection with this Agreement or your relationship with PlaySound as a user of the Product ("Dispute") will be governed by and shall be construed in accordance with the laws of Canada and the province of Ontario, and the Courts of St. Catherines, Ontario, excluding any conflicts of laws provisions. You and PlaySound agree to submit to the exclusive personal jurisdiction of the courts located in the city of Toronto. If (a) you are not a Canadian citizen; (b) you do not reside in Canada; (c) you are not accessing the Product from Canada; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs.

If you are a U.S. citizen, you reside in the U.S., and you are accessing the Product from the U.S., any Dispute will be governed by and construed in accordance with the laws of the United States and the State of Tennessee, excluding any conflicts of laws provisions. In that event, you and PlaySound agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Nashville, Tennessee, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If you are a citizen of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

To the fullest extent permitted by applicable law, the parties agree to waive any right to a jury trial.

F. No Class or Representative Proceedings & Class Action Waiver

YOU AND PLAYSOUND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. Unless both you and PlaySound agree, no judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The court may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

12. ABOUT THIS AGREEMENT

Under applicable law, you may have certain rights that can't be limited by a contract. This Agreement is in no way intended to restrict those rights.

A. Changes To This Agreement

We may make changes to this Agreement (including any additional PlaySound terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Agreement on the PlaySound website or as part of the Product (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other prominent notice within the Product, or other means). Your use of the Product following any changes to this Agreement will constitute your acceptance of such changes. Paid Subscribers who do not wish to continue using the Product under the updated Agreement must close their Play Piano account prior to their renewal date or thirty (30) days after the effective date of the changes, whichever occurs first.

B. Entire Agreement

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

C. Severability & Waiver

Unless as otherwise stated in this Agreement, should any provision of this Agreement be held invalid or unenforceable for any reason or to any extent, the remaining provisions of this Agreement will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by PlaySound or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive PlaySound's or the applicable third-party beneficiary's right to do so.

D. Assignment

Play Piano may assign all or any part of this Agreement, and may assign or delegate, in whole or in part, any of its rights or obligations under this Agreement. You may not assign this Agreement, in whole or in part, nor transfer or sublicense your rights under this Agreement to any third party, and any purported assignment will be void and of no effect.

E. Notice

PlaySound may notify you with respect to the Product by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting in on or by means of the Product. Notices will become effective immediately. PlaySound may also contact you by email or push notification to send you additional information about the Product.

F. Enforcement of this Agreement

You hereby grant PlaySound the right to take steps PlaySound believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that PlaySound has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as PlaySound believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to PlaySound's right to cooperate with any legal process relating to your use of the Product, PlaySound Content, or User Content, and/or a third-party claim that your use of the Product and/or such content is unlawful and/or infringes such third party's rights).