Last updated March 30, 2022. Prior version effective, Tuesday, April 7th, 2020. This version replaces the prior version in its entirety.
IMPORTANT UPDATE: AS OF MARCH 18, 2020 WE ARE ISSUING A GRATIS LICENSE IN CONJUNCTION WITH OUR PARTNERS AND MASTER HOLDERS THAT WILL ALLOW YOU TO USE MASTER RECORDINGS IN YOUR LIVE STREAMS OR ONLINE SERVICES UNTIL FURTHER NOTICE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING OUR WEBSITE AND/OR SERVICES, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE OUR SITES OR SERVICES. PLEASE READ THESE TERMS CAREFULLY.
The Sites, Services, and any App is intended for users over the age of 18. We do not knowingly collect personal information from children under the age of 18. This means that you cannot use the Sites, Services, or any App if you are under the age of 18. Furthermore, you shall not provide us with data relating to anyone under the age of 18.
In case we have any belief that the Sites, Service or any App is used on behalf of someone under the age of 18, we reserve the right to request proof of age.
Please be aware of the following restrictions which are explained in greater detail below:
- Sharing of account information is expressly prohibited. Only one person is allowed to access an account login.
- Downloaded content such as a MultiTrack or CustomMix® is only licensed for use by a single organization at a single location or by a single person.
- Sharing downloaded files or using them in any way that violates the license granted herein is expressly prohibited. A breach of this license can result in the termination of the license and expose an individual or organization to damages.
The following Terms are organized in sections and paragraphs and cover the following topics
Section 1: Website Terms
- Registration Data and Privacy
- No Sharing of Account Information
- Restrictions on Use Warranty Disclaimer
- Accuracy of the Sites
- Links or Pointers to Other Sites
- No Unlawful or Prohibited Use
- Changes to the Sites
- Interruptions of Service on the Sites
- No Subversion or Hacking
Section 2: MultiTracks, AppTracks, CustomMix®, and Accompaniment Track Terms
- Grant of License
- Preview Content Before Making a Purchase
- No Sharing of Downloads
- Restrictions on Uploading a Product
- Digital Watermark
- Consequences of Misuse Non-Commercial Use
- 48-Hour Download Window
Section 3: Playback Terms
- Playback Application
- Access to Track Downloads in Playback
- Use of Track Downloads in Playback
- Team Sharing Subscription
- Subscriptions to Advanced Playback Features
Section 4: Playback Rental Terms
- Access to MultiTracks in Playback Using Playback Rentals Playback Rentals Subscription
Section 5: Cloud Pro™ Terms
- Cloud Pro™
- Access to Cloud Pro™ in Playback
- Permission Required to Upload Content to Cloud Pro™
- Unauthorized Uploads
- Cancelled Cloud Pro Subscription will Delete Uploaded Content
Section 6: RehearsalMix® Terms
- Not for Public or Performance Use
Section 7: ChartBuilder® Terms
- ChartBuilder® Application
- ChartBuilder® App Subscriptio
- Access to RehearsalMix® in ChartBuilder® Application
- Uploading Content to ChartBuilder® via Cloud Pro™
Section 8: Chart Pro and ProPresenter Add-On Terms
- Chart Pro
- Download a Chord Chart PDF with a Chart Pro Subscription
- Chart Credits Expire
- Chart Redemptions Expire
- Chart Exports expire at Chart Pro cancellation
- Access Chord Charts in ChartBuilder®
- Chart Pro content is subject to change
- ProPresenter Add-On Subscription
- ProPresenter Add-On Requires Chart Pro
- ProPresenter Credits expire
- ProPresenter Redemptions expire
- ProPresenter Exports expire at ProPresenter cancellation
- Access in ProPresenter Software
Section 9: Solo Practice Bundle Terms
- Solo Practice Bundle
- For Individual Use Only
- Cannot Separate the Subscriptions
Section 10: Sounds
- Grant of License
- Preview Content Before Making a Purchase
- Restrictions on Uploading a Product
- Digital Watermark
- Consequences of Misuse
Section 11: Credit Purchase and Redemption Terms
- MultiTracks.com Credits
- Credits Have No Cash Value
Section 12: DMCA Copyright Policy
Section 13: Miscellaneous Terms
- Payment of Fees for Purchases and Subscription to Services
- Subscription Billing and Failed Payments
- Trademark Notice
- Limitations of Use
- Limitation of Liability
- Failure to Enforce
- International Use
- Termination of Use
- Unenforceability of Terms
- Choice of Law and Venue
- Limitation of Actions
- Eligibility to Enter into Agreement
- Entire Agreement
SECTION 1: Website Terms
No Sharing of Account Information. Each person using the Sites, including our software or content must have a unique account. Sharing of accounts is strictly prohibited.
Warranty Disclaimer. THE SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THEM OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. MULTITRACKS.COM, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, AND/OR ANY LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Accuracy of the Sites. Although we try to ensure the integrity and accurateness of the Sites, we make no guarantees whatsoever as to the correctness or accuracy of the Sites. It is possible that unauthorized additions, deletions and alterations could be made to the Sites by third parties. If you find any inaccuracy, please inform us so that we can correct it. Information contained on the Sites may be changed or updated without notice.
Links or Pointers to Other Sites. We make no representations whatsoever about any other Website that you access through our Sites. When you access another Website, please understand that it is independent from us, and that we have no control over the content on that Website. A link to another Website does not mean that we endorse or accept any responsibility for the content or use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, malware and other items of a destructive nature.
No Unlawful or Prohibited Purpose. As a condition of your use of the Sites, you warrant to us that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms nor any applicable national or local laws or regulations.
Changes to the Sites. We reserve the sole right to either modify or discontinue the Sites, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party, should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, etc. Any new features that augment or enhance the then-current services on this Sites shall also be subject to these Terms.
Interruptions of Service on the Sites. You understand and agree that temporary interruptions of the services available through the Sites may occur as normal events. You understand and agree that we have no control over third party networks you may access during the use of the Sites, and therefore, delays and disruption of other network transmissions are completely beyond our control. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
No Subversion or Hacking. You hereby agree that you will not intentionally break, hack, reverse engineer, act fraudulently or in any way subvert the intended use of this Sites, services, and/or Products.
SECTION 2: MultiTracks, AppTracks, CustomMix®, and Accompaniment Tracks
Grant of License. We grant you a non-exclusive, revocable, non-transferable and otherwise limited license to use downloads of MultiTracks, AppTracks, CustomMix®, and Accompaniment Tracks (collectively "Track Downloads") strictly as set forth in the paragraphs below. Any and all rights in the Track Downloads held by third parties (which are not otherwise specifically licensed hereunder) are reserved by the third parties.
Preview Content Before Making a Purchase. PURCHASES OF TRACK DOWNLOADS ARE FINAL. We give you extensive opportunities to preview our Track Downloads before you make a purchase decision. Please make your selections carefully.
No Sharing of Downloads. If a Track Download is purchased by an organization, it should be stored or used on no more than three (3) computing devices (e.g., computer, iPad and iPhone) provided all three devices are used by a single organization at a single location. This license allows Track Downloads purchased by an organization to be used in multiple ministries or at multiple services at a single location. It does not allow for the product to be shared across multiple sites even if those sites are affiliated with one another or a multi-site church in one city. A separate Tracks Download purchase is required for each location/campus of an organization. If a Tracks Download is purchased by an individual, then the license for that item applies to the individual and that Tracks Download may be used solely by that individual regardless of location.
Restrictions on Uploading a Product. A Track Download may only be uploaded to a network server or cloud service (e.g., iCloud, OneDrive, DropBox, etc.) for archival purposes. Any uploads to a network server or cloud service must not be done with the purpose of sharing the Track Download in violation of these Terms and Conditions of License.
Digital Watermark. We embed a digital watermark in each Tracks Download unique to the account that purchases and downloads each Tracks Download. This digital watermark allows us to determine if a recording or broadcast contains a Tracks Download and allows us to identify the specific account that made the original purchase. It helps us to prevent piracy and misuse of Track Downloads.
Consequences of Misuse. By purchasing Track Downloads, you agree to not share Track Downloads or your account access in violation of this license. In the case where we identify that you knowingly share or distribute files watermarked to your individual account, as liquidated damages you shall be responsible for, and you hereby agree to pay to us a fine of $1,000 per Tracks Download for each instance of a violation of this provision. For example, if you share one Tracks Download with three people in violation of this provision you shall be responsible for and you agree to pay us a total fine of $3,000 as liquidated damages.
Non-Commercial Use. Track Downloads provided through the Sites embody the intellectual property of a third party, are protected by law and, unless otherwise licensed are provided solely for personal and non-commercial use.
Promotional and Free Tracks Download. The same license and terms apply to promotional Track Downloads such as Free Play of the Week or Free MultiTrack of the Month as apply to purchased Track Downloads.
48-Hour Download Window. Following your purchase of a Tracks Download, you will have 48 hours to download a Tracks Download after you purchase it. After that 48-hour period, you are responsible for storing and maintaining this content on your own device. We offer two options for access to your content after that period expires. You may login to your account through our Playback iOS application and access your purchased tracks content or subscribe to Cloud Pro service for storage and continual download access to files.
SECTION 3: Playback Terms
Playback Application. We have developed an application for Apple® iOS and macOS® compatible devices such as the iPad®, iPhone®, iMac® and Macbook® called "Playback" that allows you to use Track Downloads from our Sites. Read about minimum device requirements on the Playback product page on the Sites for information on device compatibility.
Access to Track Downloads in Playback. When you use Playback and login to your Account with your registration credentials you will have access to your Track Downloads in Playback, provided your device has adequate connection to the Internet, your account is active and access to our Sites is not blocked from your location. Up to three (3) devices, depending on your Playback tier, may access Track Downloads from a MultiTracks.com account on Playback unless you give access to other team members through Team Sharing.
Use of Track Downloads in Playback. The use of Track Downloads in Playback is subject to all applicable terms and licenses listed in the Terms of License and Use including no sharing of your account login credentials, the limitation of use of the Track Downloads and your responsibility to obtain proper licensing for any public or commercial use of a Track Download purchased from us.
Team Sharing Subscription. A Team Sharing Subscription allows members of your site's team to access your Track Downloads from your account provided those team members are going to use the Track Downloads at the same location and for the same organization. To make your Track Downloads available to other members of your team go to your account page, subscribe to Team Sharing and add additional people to the subscription. Each member of your team must have an active account on one of the Sites to be added to Team Sharing.
Subscriptions to Advanced Playback Features. Even though access to basic features of the Playback application requires no payment, some advanced features are enabled only after you agree to a subscription. More information on advanced features and the subscription cost to access those features is available on the Playback page on the Sites. We reserve the right to add or remove features to your subscription at any time for any reason.
SECTION 4: Playback Rentals Terms
Access to MultiTracks in Playback Using Playback Rentals. A subscription to Playback Rentals allows you to download and use a MultiTrack in Playback for a period of 7 days ("Rental Period"). Access to MultiTracks in Playback Rentals is in addition to access to your Track Downloads.
Playback Rentals Subscription. When you subscribe to a Playback Rental you choose a subscription with a specific number of 7-day MultiTrack rentals you can access each month in Playback. After you have subscribed to Playback Rentals you will be able to search, preview and select MultiTracks from the Sites' MultiTrack rental catalog. Once you confirm your selection it is downloaded to your device and the 7- day rental period begins. At the end of 7-days the download will automatically delete from your device unless you agree to initiate an additional 7-day rental for that MultiTrack. If you use all your rentals for a month you may go to your account on the Sites and initiate a subscription for a larger number of monthly rentals. The increase will take effect immediately. If you change your subscription with fewer rentals, it will take effect upon expiration of the current month's subscription. There is no credit or carryover for rentals not used during the month.
SECTION 5: Cloud Pro™ Terms
Cloud Pro™. Cloud Pro™ is a subscription service that allows you to access your Track Downloads, upload and access content you create and upload content purchased from other sources provided you have permission to do so. You can subscribe to different amounts of storage. Cloud Pro™ is required to grant team members access in Playback through Team Sharing for uploaded content.
Access to Cloud Pro™ in Playback. Content uploaded to Cloud Pro™ storage can be viewed from and downloaded to Playback alongside Track Downloads and Playback Rentals.
Permission Required to Upload Content to MultiTracks Cloud®. You certify to us that you have permission to upload the content you store in your Cloud Pro™ account. Only files that comply with MultiTrack Cloud® upload requirements can be uploaded to your account. You warrant and agree that you shall not store any unauthorized material in your account or use any material in any way unless you have obtained all necessary licenses and permissions. You indemnify us if you store any unauthorized material in your account or use the material in any way you do not have permission. Your indemnification includes all damages as well as court costs and all reasonable, outside attorney's fees which may be incurred by us as a result of any third-party claim in violation of your warranty.
Unauthorized Uploads. We reserve the right to delete any files we have reason to believe are not authorized to be stored in Cloud Pro™. In addition to all of our other rights and remedies, we also reserve the right to suspend or cancel your account if we believe you are using any of its content in an unauthorized manner.
Cancelled Cloud Pro™ subscription will delete uploaded content. If your organization's Cloud Pro™ subscription is cancelled, your uploaded content will be permanently deleted 30 days after your subscription expires.
SECTION 6: RehearsalMix® Terms RehearsalMix®.
RehearsalMix® is a streaming subscription service that allows access to an "up mix" where an individual instruments or background vocal part's volume is significantly elevated relative to the rest of the recording. This allows a listener to clearly hear this part above the rest of the recording. Another is a "minus mix" where an individual instruments or background vocal part's volume is muted in the recording. This allows a listener to play that part along with the recording. A RehearsalMix® subscription also includes access to the original stereo recording. Not for Public or Performance Use. Audio streamed from the RehearsalMix® Player is for personal use only and cannot be played for a public gathering, streamed online, or used in any other shared media format.
SECTION 7: ChartBuilder® Terms
ChartBuilder® Application. We have developed an application for Apple® iOS and Android compatible devices called "ChartBuilder®" that allows you and your team members to customize Charts using convenient filters like Key, Capo, Numbers, Numerals, Layout, Song Map, MD Notes, and more.
ChartBuilder App Subscription. A ChartBuilder® App Subscription allows members of your site's team to access your purchased PDF charts, Chart Pro content, cloud chart uploads (collectively "Chart Content") from your account provided those team members are going to use the Chart Content products at the same location and for the same organization. To make your Chart Content available to other members of your team go to your account page, subscribe to ChartBuilder® App and add additional people to the subscription. Each member of your team must have an active account on one of the Sites to be added to ChartBuilder® App.
Access to RehearsalMix® in ChartBuilder® Application. A RehearsalMix® subscription or Solo Practice Bundle subscription grants you the right to use the RehearsalMix® player directly in ChartBuilder® for personal use.
Uploading Content to ChartBuilder® via Cloud Pro™. Cloud Pro™ grants your organization the right to upload custom Chord Pro data and download it in ChartBuilder®. Chord Pro content you upload can be used to create a customizable chart in ChartBuilder®. We reserve the right to delete uploaded Chord Pro data at any time from your organization's library.
SECTION 8: Chart Pro and ProPresenter Add-On Terms
Chart Pro. Chart Pro is a subscription that grants an organization the right to: i) export PDF chart for a specified number of songs per month or year, ii) access the entire Chart Pro catalog of chord charts in the app ChartBuilder®, and iii) export lyrics to ProPresenter via the MultiTracks API integration with ProPresenter.
Download a Chord Chart PDF with a Chart Pro Subscription. Once redeemed, a song's Chord Chart can be exported as a PDF digital download an unlimited number of times while the redemption is active.
Chart Credits expire. PDF Chart Credits on MultiTracks.com remain active for one (1) year after the date of the initial credit purchase, both in the annual and monthly Chart Pro subscriptions.
Chart Redemptions expire. PDF Chart redemptions on MultiTracks.com remain active for one (1) year after the date of the initial credit redemption, both in the annual and monthly Chart Pro subscriptions.
Chart Exports expire at Chart Pro cancellation. PDF Chart redemptions are only exportable during an active subscription period. Once your subscription expires new pdf exports are no longer available.
Access Chord Charts in ChartBuilder®. The Chart Pro subscription grants any user in an organization with a ChartBuilder App subscription unlimited access to every chord chart available in the MultiTracks.com Chord Chart catalog.
Chart Pro content is subject to change. MultiTracks.com reserves the right to change access permission to Chord Charts available in ChartBuilder with Chart Pro, as well as add or remove chord charts altogether without notice.
ProPresenter Add-On Subscription. The ProPresenter Add-On to Chart Pro grants an organization the right to: i) export ProPresenter Template for a specified number of songs per month or year, and ii) export lyrics & chords in automation-ready formatting to ProPresenter via the MultiTracks API integration with ProPresenter.
ProPresenter Add-On Requires Chart Pro. The ProPresenter Add-On requires the separate purchase of Chart Pro.
ProPresenter Credits expire. ProPresenter Credits on MultiTracks.com remain active for one (1) year after the date of the initial credit purchase, both in the annual and monthly ProPresenter add on subscriptions.
ProPresenter Redemptions expire. ProPresenter redemptions on MultiTracks.com remain active for one (1) year after the date of the initial credit redemption, both in the annual and monthly ProPresenter Add-On subscriptions.
ProPresenter Exports expire at ProPresenter cancellation. ProPresenter redemptions are only exportable during an active subscription period. Once your subscription expires new ProPresenter exports are no longer available.
Access in ProPresenter Software. Access in ProPresenter Software. The ProPresenter Add-On credits can be redeemed directly in ProPresenter.
SECTION 9: Solo Practice Bundle
Solo Practice Bundle. Solo Practice Bundle is a subscription that grants access to RehearsalMix®, ChartBuilder® App, and the full catalog of digital charts within ChartBuilder®.
For Individual Use Only. Solo Practice Bundle is intended for individual use only. Adding additional seats or licenses to the subscription is not permitted.
Cannot Separate the Subscriptions. Solo Practice Bundle is sold as a combined product of multiple subscriptions. You may not cancel one portion or separate subscriptions from the bundle.
SECTION 10: Sounds
Grant of License. We grant you a non-exclusive, revocable, non-transferable and otherwise limited license to use downloads of Patches, Pads, Soundbeds, Loops, Samples, Profiles, and Templates Download (collectively "Sounds Products") strictly as set forth in the paragraphs below. Any and all rights in the Sounds Products held by third parties (which are not otherwise specifically licensed hereunder) are reserved by the third parties.
Preview Content Before Making a Purchase. PURCHASES OF SOUNDS PRODUCTS ARE FINAL. We give you extensive opportunities to preview our Sounds Products before you make a purchase decision. Please make your selections carefully.
Restrictions on Uploading a Product. A Sounds Product may only be uploaded to a network server or cloud service (e.g. iCloud, OneDrive, DropBox, etc.) for archival purposes. Any uploads to a network server or cloud service must not be done with the purpose of sharing or selling the Sounds Product in violation of these Terms and Conditions of License.
Digital Watermark. We embed a digital watermark in each Sounds Product unique to the account that purchases and downloads each Sounds Product. This digital watermark helps us to prevent piracy and misuse of Sounds Products.
Consequences of Misuse. By purchasing Sounds Products, you agree to not share Sounds Products or your account access in violation of this license. In the case where we identify that you knowingly and willfully share or distribute files watermarked to your individual account, as liquidated damages you shall be responsible for and you hereby agree to pay to us a fine of $1,000 per Sounds Product for each instance of a violation of this provision. For example, if you share one Sounds Product with three people in violation of this provision you shall be responsible for and you agree to pay us a total fine of $3,000 as liquidated damages.
SECTION 11: Credit Purchase and Redemption Terms
MultiTracks.com Credits. MultiTracks.com credits are available as a one-time purchase and as a subscription, allowing you to prepay for Sounds Products and Tracks Downloads (collectively "Download Products") that you plan to buy over the next year at a discount. Credits will remain in your account for later use until redeemed, subject to expiration one (1) year after their date of purchase. Your Credit balance is displayed on your account summary page and on your receipt after a redemption transaction.
Credits Have No Cash Value. Credits are not refundable or transferable and have no cash value. Credits can only be used to purchase Download Products.
SECTION 12: DMCA Copyright Policy
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- 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;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
- Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement:
1500 Arrow Point Dr. Building VII Ste 701
Cedar Park, TX 78613
Phone: (512) 535-1172
- You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to:
1500 Arrow Point Dr. Building VII Ste 701
Cedar Park, TX 78613
Phone: (512) 535-1172
Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your registration data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
SECTION 13: General Terms
Payment of Fees for Purchases and Subscriptions to Services. If you purchase an item or if you subscribe to a service that requires payment of a fee, you agree to pay those fees. For all charges for subscriptions to services, we will bill your credit card, or other payment method, in advance of service or at the end of a free trial period whichever comes first. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within ten (10) days of a change. If, for any reason, your credit card company refuses to pay the amount billed for a subscription to a service, you agree that we may, at our option, suspend or terminate your subscription to the service or if deemed appropriate access to your account until you pay the overdue amount. We reserve the right to charge you a fee for reinstatement of suspended or terminated accounts. You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. If you voluntarily elect to terminate a subscription to services, you will continue to have access to the services until the end of your subscription term, whether monthly or annually, as your access will expire on your renewal date. No amount will be credited back or refunded to you for termination of a subscription to a service prior to your renewal date, even if you do not use the service. You will also be responsible for paying any sales or value added taxes added to the purchase price or subscription fees as well as any fees added to your transaction by your credit card company.
Subscription Billing and Failed Payments. For subscription renewals, whether monthly or annually, we will attempt to bill your account for the applicable subscription(s) according to the following schedule:
- Three (3) days prior to your subscription date
- One (1) day prior to your subscription date On your subscription date
- Three (3) days after your subscription date
- Seven (7) days after your subscription date
- Thirteen (13) days after your subscription date
Preauthorizing and prebilling your account helps ensure that you do not lose access to your subscription(s) due to a failed payment. If none of those attempts are successful, and your billing information is not corrected by thirty (30) days after your subscription renewal date, we reserve the right to terminate your subscription(s) and all associated data, including uploaded content to Cloud Pro.
Trademark Notice. CustomMix®, RehearsalMix®; CustomSessions®; MultiTracks Cloud®; The Recording Collective®; ChartBuilder®; SmartRouting®; MultiOuts®; Tone Matters®; StageReady®; The Connected Stage™; Cloud Pro™; and MultiTracks.com are the logos, trademarks, and service marks of the Company and may not be reproduced or utilized without our prior written consent in each instance. All other trademarks, service marks and logos used in this Sites are the trademarks, service marks or logos of their respective owners and may not be reproduced or utilized in any way without their owner's prior written consent. Inclusion of those trademarks in this license are for reference purposes only and do not indicate any affiliation or acknowledgment by their owners.
Limitations of Use. Notwithstanding any other limitations set forth herein above, in the event that your use of any products hereunder, including any Download Product(s), in any live performance(s) shall not be deemed subject to a valid performance exemption under either Section 110 (3) or Section 110 (4) of the United States Copyright Act, et seq. (the "Act") and/or in the event that the church in which you are performing does not possess the appropriate copyright licenses to facilitate your use of the Download Product(s); the use of the underlying musical compositions; or the use of any other materials embodied therein which are necessary to facilitate your use of the Download Product(s) hereunder, for the avoidance of doubt, you are solely responsible for obtaining and maintaining all appropriate copyright licenses with all copyright owners and for paying any licensing fees or royalties incurred as a result of your live performance use of any such Download Product(s). Furthermore, if you are required under the Act to obtain a public performance license for your live performance use of any Download Product(s), including the use of any underlying musical compositions embodied therein), unless a valid performance exemption exists under the Act, you shall be solely responsible for obtaining and maintaining all such public performance licenses from the applicable performing rights societies (namely, ASCAP, BMI and SESAC) and for paying any licensing fees or royalties incurred as a result of your live performance use of any Download Product(s). You shall not have the right to use any Download Product(s) in any live performance(s) outside of a church during the course of services, unless the performance in the services qualifies for a valid exemption under the Act or unless you have obtained (and maintain) the proper copyright licenses from each applicable copyright owner and you render payment for any fees or royalties due pursuant to those copyright licenses.
Limitation of Liability. Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms or your use of the Sites shall be limited to the total amount you paid to us as a result of the transactions hereunder. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. IN ADDITION TO ANY EXCUSE PROVIDED BY APPLICABLE LAW, WE SHALL BE EXCUSED FROM LIABILITY FOR NON-DELIVERY OR DELAY IN DELIVERY OF PRODUCTS OR SERVICES AVAILABLE THROUGH OUR SITE OR OUR SOFTWARE ARISING FROM ANY EVENT BEYOND OUR REASONABLE CONTROL, WHETHER OR NOT FORESEEABLE BY EITHER PARTY, INCLUDING BUT NOT LIMITED TO, CHANGES TO OPERATING SYSTEMS ON WHICH OUR SITES AND SOFTWARE RUN, SECURITY BREACHES TO SYSTEMS UPON WHICH WE RELY, INTERRUPTIONS IN COMMUNICATION SYSTEMS, LABOR DISTURBANCES, WAR, FIRE, ACCIDENT, ADVERSE WEATHER, INABILITY TO SECURE TRANSPORTATION, GOVERNMENTAL ACT OR REGULATION, AND OTHER CAUSES OR EVENTS BEYOND OUR REASONABLE CONTROL, WHETHER OR NOT SIMILAR TO THOSE WHICH ARE ENUMERATED ABOVE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including court costs and attorney's fees, that arise from your use or misuse of the Sites or which may arise as a result of your use and/or arising from your uploading of unauthorized third-party content and/or your use of any third-party content in a manner which violates your license. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Failure to Enforce. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
International Use. Although the Sites may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Sites is void where prohibited.
Termination of Use. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Sites with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Sites immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related infoUnenforceability of Terms. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Unenforceability of Terms. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Venue. These Terms are entered into in the State of Texas in the United States of America and shall be governed by and construed in accordance with the laws of the State of Texas. You submit to the exclusive jurisdiction of the state and federal courts closest to Austin, Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and reasonable attorney's fees.
Limitation of Actions.Any cause of action brought by you against us, or our assignee, must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
Assignment. Any cause of action brought by you against us or our must be instituted within one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms to any party and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Sites, or use of or access to the Sites.
Eligibility to Enter into Agreement. You affirm and warrant that you are at least 18 years old and that you possess the capacity and authority to agree to and enter into this contract.