Terms of Use

Welcome to http://weezic.com (the "Site").

We invite you to read these Terms of Use carefully.

To access and use the Site, whether or not you are a registered user of the Site, you need to have read, understand and agree to be bound by:

1. These Terms of Use ( /en/terms-of-use )
2. Weezic Privacy Policy ( /en/privacy-policy ), incorporated into and made a part of these Terms by this reference
3. Weezic Community Rules ( /en/community-rules ), incorporated into and made a part of these Terms by this reference

If you do not agree to any of these terms, the Weezic privacy policy, or the Community Rules, please do not use the Service.

This Terms of Service Agreement (referred to as the "Terms") is a contract between you and Weezic SAS, 3 rue du docteur Heulin, 75017, Paris (referred to as "Weezic" as "we," as "us" or as "our").

This contract, including Changes (defined in next paragraph), governs both parties' rights and obligations regarding the providing of and the use of the Site and all products, software, data and services operated by Weezic (collectively the "Service"), including all music, images, video, text, or other material available through the Service, collectively defined as "Content".

In your use of the Service, you must also comply with all applicable laws.

Changes to this contract

Weezic reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice; any such change, modification, addition or deletion ("Changes") will be effective when it is posted on the Site.

As part of agreeing to these Terms, you agree to periodically review these Terms to make sure you continue to agree to all of its rules, policies and terms and conditions.

If at any time you do not agree to these Terms including Changes, you must then cancel the Service and stop using it.

The most recent version of these Terms is available at: /en/terms-of-use

Age disclaimer

To agree to enter into these Terms you must have attained the age at which one may enter into legally binding contracts in the country/state where you live.

If you have not yet reached that age, you should review these Terms with your parent(s) or guardian(s) to make sure both you and your parent(s) or guardian(s) understand and agree to the terms and conditions presented in these Terms.

Use of Service and Content - Permissions and Restrictions

You acknowledge that the Services and the Site contain content, graphics, editorial content and other materials that is owned by us and is protected by applicable intellectual property laws and other laws, including but not limited to copyright laws, and that you will not use such proprietary information or materials in any way other than use of the Services in compliance with the terms and conditions of these Terms.

Our logos and trademarks, service marks, graphics used in connection with the Service, including but not limited to the "Wz" logo and "Weezic" are trademarks or registered trademarks of Weezic SAS in France and/or other countries. Other trademarks, logos, service marks, and graphics used in connection with the Service may be the trademarks or registered trademarks of their owners. You acknowledge that you are not granted any right or license to use any such logos, trademarks, service marks and graphics in any way.

You agree that your use is limited to your personal, noncommercial use. You agree not to use the Service for any of the commercial use like the sale of access to the Service, or the sale of advertising, sponsorships, or promotions placed on or within the Service or Content, unless you obtain Weezic's prior written approval:

- You agree not to distribute in any medium any part of the Service or the Content without Weezic's prior written authorization, except for Content available under the Free Documentation License (see 'Copyrights').
- You agree not to exploit, modify, rent, lease, loan, distribute, transmit, broadcast, or sell any Content provided through the Service or through the Site.

You agree not to alter or modify any part of the Service or to do anything to disguise, conceal or attempt to change the ownership or source of the Content.

You agree not to create any derivative works based on the Content, on the Service or on the Site, in any unauthorized way whatsoever, including but not limited to, by trespass or by creating a burden on network capacity without the prior written consent of the copyright owner, or as appropriate, the owner of other intellectual property rights.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You shall not download any Content unless you see a "download" or similar link displayed by Weezic on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Weezic. Weezic reserves all rights not expressly granted in and to the Service and the Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

You agree not to access Content through any technology or means other than the pages of the Service itself, or other explicitly authorized means Weezic may designate.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Weezic servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

Notwithstanding the foregoing, Weezic grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Weezic reserves the right to revoke these exceptions either generally or in specific cases.

You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, private messages) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

The owners of the Content have the right to enforce these Terms against you.

Your content

As a Weezic user you may submit Content to the Service, including audio files and user comments. You understand that Weezic does not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Weezic all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Weezic, you hereby grant Weezic a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Weezic's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in audio Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your files from the Service. You understand and agree, however, that Weezic may retain, but not display, distribute, or perform, server copies of your files that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Weezic all of the license rights granted herein.

You further agree that you will not submit to the Service any Content or other material that is contrary to the Weezic Community Guidelines, currently found at /en/community-rules , which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

Weezic does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Weezic expressly disclaims any and all liability in connection with Content. Weezic does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Weezic will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Weezic reserves the right to remove Content without prior notice.

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification by providing Weezic ( contact@weezic.com ) with the following information in writing:

• - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• - Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• - Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• - A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• - A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to Weezic ( contact@weezic.com ):

• - Your physical or electronic signature;
• - Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
• - A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
• - Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of Paris, France, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Weezic, Weezic may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Weezic's sole discretion.

Copyrights

Sheet music and scores released on Weezic that do not include the Weezic logo or mention "Weezic copyright" are available under the GNU Free Documentation License (see http://www.gnu.org/copyleft/fdl.html for detailed reglementation).

Except for these sheet music and scores, Weezic owns all copyrights in and to the Content, the Service and the Site and reserves all its rights in both law and equity.

You agree not to make any use of the Content that would infringe the copyright therein.

Objectionable Content

In using the Service you may encounter Content which may or may not be identified as containing explicit language, that may be inaccurate, offensive, indecent, or objectionable. You understand this and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Weezic with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Weezic, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

Types of Users and Services offered

Weezic has three types of users

Visitors
Users visiting the Site who are not Registered (see definition in the Registration Terms) are referred to as "Vistorsî to the Service.

Free Users
Users of the Service who are Registered but do not pay any fee and did not choose to get a "Premium Membershipí (defined below) access, are referred to as "Free Users".
Free Users have access to a Free Membership Service which allows users to have their own profile and page on the Site, upload their own audio files ("Interpretationsî) to our servers, write public "commentsí to other members of the Site.
Free Users are not allowed to listen to ("Streaming", listening to a "Stream"), or download, full accompaniment audio files ("Accompanimentsî).

Premium Members
Users of the Services who pay fees or who would pay such fees but donít for our decision not to charge them such fees for reasons within our sole discretion are referred to as "Premium Members".
Premium Members are offered a Premium Membership Service which, for either a monthly or yearly fee, allows users, in addition to what is included in the Free Membership Service, to listen to ("Streaming", listening to a "Stream"). Streaming is subject only to a reasonableness limit which will be determined and applied in our sole discretion. Fees paid by Premium Members vary depending on the length of the subscription period.
The audio files and the materials related to the audio files made available through the Service may change over time and are all to be determined either solely by us.

Ancillary services are considered part of our Service and are governed by the rules of these Terms.

Each Service is provided solely for the "Free Member" or the "Premium Member" personal enjoyment and is not to be shared in any way not explicitly permitted.

We reserve the right to modify or discontinue, temporarily or permanently, any of the Service with or without notice to you at any time or from time to time.

You agree that you understand this and that we will not be liable to you or to any third party for any modification or discontinuance whether temporary or permanent.

Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove or disable access to any Content, products or other materials comprising a part of the Service or the Site at any time without notice.

In no event will we be liable for any such change, suspension, removal or disabling. We may also impose limits on the use of or access to certain features or portions of the Service or of the Site without notice and without liability.

It is your sole responsibility to avoid loss or destruction of, or any other damage to, any file or any other materials you download from the Service. We are under no obligation to replace or otherwise compensate you for any such loss, destruction or damage.

To use the Service you must possess a compatible computer and operating system, Internet access (for which additional fees may apply), a compatible version of media playing software and other hardware (such as headphones or speakers, or a hard drive for storage). It may be necessary over time for you to upgrade, or obtain updates to any of these items in order to continue to meet the system requirements for the Services. The performance capabilities of each of these items can dramatically affect the overall performance available to you as an individual user. High speed Internet access is strongly advised. The system requirements may change over time. Continuing to meet those requirements is your sole responsibility.

Registration Terms

Users that create an account on the Site by giving an email and password are considered as "Registered".

Each individual, natural person is limited to a single registration.

Both Free Users and Premium Members must be Registered. In order to be Registered, Users must provide a valid email address. To use the Services, you must register and provide us with a valid email address and, if a subscriber, also a valid credit card. Users must also create a password.

You agree that you will provide all of this information accurately and that you will update it as necessary so that it remains accurate over time.

You agree that you will not allow others to use your email, your password or your account and that you are solely responsible for keeping this information secure and confidential.

You also agree that you will be solely responsible for any losses due to unauthorized use of your email, password and account and you agree to indemnify and hold us and our employees, contractors, officers, and directors harmless for any unauthorized or illegal uses of your email, password and/or account.

Automatic renewal of subscription.

Your subscription will automatically renew at the end of each subscription term for another term of the same length as the expiring term unless you notify us before the end of your subscription term of your desire to not renew. The fees for the subscription renewal will be those in effect at the time of renewal for a subscription with the features of your expiring subscription, or if the exact set of features is no longer offered, the set of features which then most closely matches that of your expiring subscription, and the term of your expiring subscription.

Subscription upgrades

You may upgrade from being a Free User to being a Subscriber at any time. To do so access your "Edit My Account" page and follow the directions posted there.
You may upgrade from being a Monthly Subscriber to being a Yearly Subscriber at any time. If you upgrade from being a Monthly Subscriber to become a Yearly Subscriber the amount you have been charged for your monthly subscription will be credited against the amount due to your new Yearly Subscription. To accomplish this upgrade access your "Edit My Account" Page and follow the directions posted there.

Cancellation of subscriptions and subscription refund policy

You may cancel your Subscription at any time. Otherwise, as a Monthly Subscriber or Yearly Subscriber, your cancellation will become effective for the next billing cycle, monthly or yearly as appropriate, and you will not receive any refund of subscription fees charged for the subscription period in which you tell us you wish to cancel.

Termination of account

In our sole discretion, we may terminate these Terms and/or suspend your Free User Account, your Subscription (Monthly or Yearly) and/or your right to access or in any way use the Services at any time without notice to you in the event that you breach any provision of these Terms, or in the event that we reasonably believe you have breached any provision of these Terms. In the event of such a suspension or termination, we will have no obligation to you and we will not refund any amounts you have paid to us to you.

Weezic will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.

Weezic reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Weezic may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

Security

You understand that the Service and software used in connection with the Service may include security components that permit digital information to be protected and use to occur only as permitted by usage rules set by.

That means certain special considerations apply. By installing, copying, or otherwise using the Service or its software, you acknowledge that you have read and understood these Terms, and agree to be bound by its terms and conditions.

If you do not agree to (or cannot comply with) the terms and conditions of these Terms, do not install, copy, or use the Service, software or any Content. You agree that you will not reverse engineer, decompile, disassemble, or otherwise tamper with any of the security components, special rules or other protection applications for any reason whatsoever.

You agree to abide by the rules and policies we establish from time to time. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Service and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.

The Service and any related software may enable you to listen to, view, and/or read Content that may be obtained by you in digital form, and you shall do so solely for your personal, noncommercial entertainment use.

This Content may be owned by us or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content you obtain through the Service will be limited by copyright law and/or by the Usage Rules, as described here.

"Usage Rules" are the licensing rules assigned by that limit your access to and use of Content. The Usage Rules will govern your rights with respect to Content regardless of whether unauthorized rules have been associated with that Content by another party.

You further agree that you will not attempt to modify the software, the Content, or any of the Usage Rules for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Content.

The software enables us to control your access to Content in accordance with the Usage Rules. We, for ourselves, reserve the right to enforce the Usage Rules with or without notice to you.

You represent, warrant and agree that you are using the Service hereunder for your own personal, noncommercial entertainment use and not for redistribution of any kind. You agree not to redistribute, broadcast, publicly perform or publicly display Content, or otherwise transfer any copies of Content obtained through the Service.

Fees and billing.

Monthly subscribers are billed monthly, in advance, for each month's subscription to a Service commencing upon their registration for the Service or at the end of their free trial period.

Yearly subscribers are billed yearly, in advance, for each year's subscription to a Service commencing upon their registration for the Service. Up to one week before the end of each billing period, we will charge your credit card for your subscription renewal at the rate then in effect for the Subscription type you used for billing period that will be ending, unless you tell us to cancel your subscription at least one week before the end of the subscription term.

You may cancel your subscription at any time. If you cancel after you have been billed for an ensuing month or year, as appropriate, but within the period of time allowed that will mean you are entitled to a refund of the related subscription costs, those subscription costs will be refunded to you via the original means of payment.

We start the billing process when we do to try to minimize service disruptions due to problems successfully charging your credit card or other payment mechanism. In this way we are able to contact you before a disruption in service to notify you of the problem and allow some time for you to remedy the problem.

Agreement and obligation to pay.

You agree that it is your obligation to pay and you agree to pay all charges and any other costs or fees (including but not limited to sales or VAT or similar taxes) incurred in connection with your use of the Services and/or the use of your credit card or other payment method and email in connection with use of the Services.

You agree that we may accumulate separate charges and aggregate them prior to submitting the charges to your credit card issuer or other payment method provider.

You further agree that if payment is not received by us from your credit card issuer or other payment method provider you will pay all amounts due upon our demand.

Taxes and other amounts related to use of Services.

Any taxes or other amounts (such as late fees) incurred in connection with your Subscription or in any other way connected to your use of the Services are your sole responsibility and will be charged to your credit card or your PayPal account or other means accepted as payment as appropriate.

We will charge tax in those states and/or countries where digital downloads or services are taxable.

We are not able to consider applications for exemption from VAT or sales taxes or their equivalents. All transactions subject to such taxes will include charges by us for them.

Indemnification

You agree to indemnify and hold us, our members, employees, contractors, officers, directors, distributors and subsidiaries harmless from any claim or demand, loss, cause of action or judgment (including court cost and attorneys fees) due to or arising out of or related to your breach of these Terms or your use of any of the Services.

Governing law and personal jurisdiction

These Terms and your use of any Service are to be governed by the French laws without regard to, or application of any conflict of laws or choice of law provisions. You expressly agree to the exclusive jurisdiction and venue of the courts in France regarding any claim or dispute with us relating in any way to your use of any Service regardless of whether other local, state, national or international laws may also apply. You also expressly agree and consent to personal jurisdiction over you by the courts in France for all claims or disputes involving us, or our employees, contractors, officers, directors or suppliers.

Section titles

The section titles in these Terms do not in any way constrain or change the other terms and conditions of these Terms. They are present merely to help make reading these Terms easier.

Severability

In the event that any part of these Terms (the "replaced part") is held to be invalid or unenforceable for any reason, the rest of these Terms shall continue without change in full force and effect and the part of these Terms held to invalid or unenforceable will be deemed to have been replaced with language that most nearly reflects the intent of the replaced part and most closely provides the same coverage and effect as the replaced part.

Disclaimer of Warranty.

We make no warranty that the service will meet your requirements or that your use of the service will be uninterrupted or free of errors. We may have to 'take the service down' for maintenance or other reasons from time to time. We may have to remove certain content from time to time and we may cancel the service at any time without notice. All material downloaded or obtained in any way trough use of the services is accessed at your own risk. You will be solely responsible for any damage to your computer or any other damage or loss, including loss of data, that results from the download and/or access of any such material.

You understand and agree that your use of the service is at your sole risk. The service including all content and other information, materials and products included on or otherwise made available to you through the service are provided 'as is' and only 'as available' without warranties of any kind from weezic and any owners of content. To the full extent permissible by applicable law, weezic and all owners of content disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of title or noninfringement.
This exclusion of implied warranties may not apply to you based on the laws where you live. Neither weezic nor any owner of content warrants that the service or any content, information, materials or products included on or otherwise made available to you through the service are free of viruses or other harmful components.

Limitation of Liability.

The risk of any loss, damage or any other harm based on or arising out of use of the service resides solely with you. In no event shall we or any of our employees, contractors, officers, directors or suppliers be liable for any damages, whether direct, indirect, incidental, consequential, special, punitive, or for lost profits, or any other claim arising out of, or in any way related to, your use of the service or your inability to use the service. Because some states, provinces, jurisdictions or countries do not allow the exclusion or limitation of liability for consequential, incidental or other damages, some of the limitations above may not apply to you, our liability, will however, be limited to the maximum extent such limitation is permitted by law.