Terms of Use

The MakeMusic Studio Service provides a set of tools to manage the administrative tasks of running a client-based services business. A client-based services business (the “Provider”) may use the Service to schedule, bill, and manage its customers (each a “Client”), and the Client may use the Service to schedule and pay for the services provided (the Provider Services”).

You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address, telephone number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at hello@studio.makemusic.com.

The Service may be used to schedule and facilitate payment for Provider Services, but all transactions conducted via the Service are between Providers and Clients. MakeMusic Studio is not a party to any transaction between Providers and Clients. By confirming or scheduling an appointment via the Service, you are entering into a separate transaction between the Provider and Client. The terms of this transaction, including fees, refunds, and the cancelation policy, are as specified by the Provider when the appointment is confirmed. You are advised to review these terms prior to confirming an appointment for Provider Services. MakeMusic Studio makes no representations or warranties about the Provider Services, about Clients’ ability to pay for the Provider Services, or about your interactions and dealings with Providers and Clients. MakeMusic Studio does not employ, recommend, or endorse Providers or Clients, and we will not be responsible or liable for the performance or conduct of Providers or Clients or for enforcing payment for Provider Services. You should exercise caution and use your independent judgment before engaging a Provider, providing services, or otherwise interacting with users via the Service.

5.1 General Payment Terms

Access to the Service, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable. If MakeMusic Studio changes the fees for the Service, including by adding additional fees or charges, MakeMusic Studio will provide you advance notice of those changes. If you do not accept the changes, MakeMusic Studio may discontinue providing the Service to you. MakeMusic Studio will charge the payment method specified in your account or specified at the time of purchase.

5.2 Authorization

You authorize MakeMusic Studio to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by MakeMusic Studio, including all applicable taxes, to the payment method specified in your account or specified at the time of purchase. If you pay any fees with a credit card, MakeMusic Studio may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

5.3 Subscription Service

The Service may include functionality for activating, updating or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Service, you authorize MakeMusic Studio to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Service to update or cancel any existing authorized one-time or recurring payment, it may take up to 15 business days for the update or cancellation to take effect.

5.4 Payments from Clients

Payment for Provider Services through the Service are made directly from the Client to the Provider and not by MakeMusic Studio. Payment processing services for the Service are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a Provider on the Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Stripe enabling payment processing services through Stripe, you agree to provide MakeMusic Studio accurate and complete information about you and your business, and you authorize MakeMusic Studio to share it and transaction information related to your use of the payment processing services provided by Stripe.

6.1 Limited License

Subject to your complete and ongoing compliance with these Terms, MakeMusic Studio grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.

6.2 Limited Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

BY USING THE SERVICE YOU AGREE NOT TO:

7.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;

7.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

7.3 interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

7.4 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;

7.5 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;

7.6 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 11) or any right or ability to view, access, or use any Material; or

7.7 attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.

By uploading, providing or sharing User Content, you are granting MakeMusic Studio a license to access and use the User Content to provide the Service and to fulfill its obligations under these Terms, including (without limitation) accessing, storing, transmitting, reproducing, displaying and processing the User Content to provide the Service. You also grant MakeMusic Studio the right to collect and analyze data and other information relating to the User Content, your use of the Service and performance of the User Content and/or Service and systems to improve and enhance the Service, for diagnostic and corrective purposes, and to disclose data in de-identified form.

Further, by uploading, providing or otherwise sharing User Content, you expressly represent and warrant that:

8.1 you own the User Content or otherwise have all necessary rights, licenses, permissions, and authority to use, upload, and authorize its use in connection with the Services;

8.2 the mere creation of a work, file, document, arrangement, or other material does not necessarily confer copyright ownership, and you have confirmed that your use of such User Content does not infringe or misappropriate the intellectual property or other rights of any third party;

8.3 the use of your User Content by MakeMusic Studio as contemplated by these Terms does not and will not violate any applicable law or the rights of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, or moral rights; and

8.4 your User Content complies with these Terms and all applicable laws and regulations.

MakeMusic Studio does not claim ownership of User Content and does not review, monitor, or verify User Content for legal compliance. You assume all risk and liability arising from your User Content, including any claims, damages, losses, or disputes related to intellectual property rights or improper use.

To the fullest extent permitted by law, MakeMusic Studio shall not be liable for any User Content or for any claims arising from or related to User Content uploaded or used by you or any other user and you agree to indemnify and defend MakeMusic Studio from any claims relating to the same.

8.5 Derivative Works and Arrangements

You acknowledge that arrangements, adaptations, transcriptions, or modifications of existing works may constitute derivative works under applicable copyright law and may require authorization from the copyright owner. You represent and warrant that you have obtained any required permissions, licenses, or clearances for any derivative works you upload or use through the Services.

8.6

In addition to, and without limitation of, your obligations under Section 1, you agree to defend, indemnify, and hold harmless MakeMusic Studio and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your User Content or your violation of these representations, as well as set forth in section 13 of these terms.

You may terminate your account at any time by contacting customer service at hello@studio.makemusic.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. All fees paid prior to the termination are non-refundable. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, MakeMusic Studio may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

10.1 Privacy Policy

Please read the MakeMusic Studio Privacy Policy at http://studio.makemusic.com/legal/privacy carefully for information relating to our collection, use, storage and disclosure of your personal information. The MakeMusic Studio Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

10.2 Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 10. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

The Service is owned and operated by MakeMusic Studio. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by MakeMusic Studio are protected by intellectual property and other laws. All Materials included in the Service are the property of MakeMusic Studio or our third-party licensors. Except as expressly authorized by MakeMusic Studio, you may not make use of the Materials. MakeMusic Studio reserves all rights to the Materials not granted expressly in these Terms.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant MakeMusic Studio an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

You are responsible for your use of the Service, and you will defend and indemnify MakeMusic Studio and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “MakeMusic Studio Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your transactions and interactions with other users of the Service; (b) your access to, use of, or alleged use of, the Service; (c) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (d) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MAKEMUSIC STUDIO ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE MAKEMUSIC STUDIO ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MAKEMUSIC STUDIO ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT WILL THE MAKEMUSIC STUDIO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MAKEMUSIC STUDIO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 18.4(iii), THE AGGREGATE LIABILITY OF THE MAKEMUSIC STUDIO ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO MAKEMUSIC STUDIO FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.

WE HEREBY EXPRESSLY DISCLAIM, AND YOU HEREBY EXPRESSLY RELEASE US FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS, YOUR USE OR PROVISION OF PROVIDER SERVICES, AND THE ACTS OR OMISSIONS OF PROVIDERS AND CLIENTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OR PROVISION OF PROVIDER SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and MakeMusic Studio agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for the purpose of litigating any dispute. We operate the Service from our offices in the State of Washington, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and MakeMusic Studio regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 1, 4 through 19, along with the Privacy Policy and any other accompanying agreements, will survive.

19.1 Generally

In the interest of resolving disputes between you and MakeMusic Studio in the most expedient and cost effective manner, you and MakeMusic Studio agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MAKEMUSIC STUDIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

19.2 Exceptions

Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

19.3 Arbitrator

Any arbitration between you and MakeMusic Studio will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting MakeMusic Studio.

19.4 Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). MakeMusic Studio’s address for Notice is: MakeMusic Studio LLC, 285 Century Pl Suite 100, Louisville, CO 80027. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or MakeMusic Studio may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or MakeMusic Studio must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, MakeMusic Studio will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by MakeMusic Studio in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

19.5 Fees

If you commence arbitration in accordance with these Terms, MakeMusic Studio will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in King County, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse MakeMusic Studio for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

19.6 No Class Actions

YOU AND MAKEMUSIC STUDIO 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and MakeMusic Studio agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

19.7 Modifications to this Arbitration Provision

If MakeMusic Studio makes any future change to this arbitration provision, other than a change to MakeMusic Studio’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to MakeMusic Studio’s address for Notice, in which case your account with MakeMusic Studio will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

19.8 Enforceability

If Section 18.6 is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 16 will govern any action arising out of or related to these Terms.

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

The Service is offered by MakeMusic Studio LLC, located at 285 Century Pl Suite 100, Louisville, CO 80027. You may contact us by sending correspondence to that address or by emailing us at hello@studio.makemusic.com.

If you are using our mobile applications on an iOS device, the terms of this Section 21 apply. You acknowledge that these Terms are between you and MakeMusic Studio only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.