MyEdelweiss Terms of Use

Introduction

Please read these Terms of Use (these “Terms”) carefully as they govern your use of (which includes access to) the MyEdelweiss services for playing music via your Edelweiss Vituoso Self-Play system, including all of our websites that incorporate or link to these Terms (collectively, the “MyEdelweiss Services”) and any music, or other material that is made available through the MyEdelweiss Services (the “Content”).

Use of the MyEdelweiss Services may be subject to additional terms and conditions presented by 1066 Group Ltd, the owner of Edelweiss Pianos, which are hereby incorporated by this reference into these Terms.

By signing up for, or otherwise using, the MyEdelweiss Services, you agree to these Terms. If you do not agree to these Terms, then you must not use the MyEdelweiss Services or access any Content.

Service Provider

These Terms are between you and MyEdelweiss, 1066 Group Ltd, The Grand Hall, Pierce Lane, Fulbourn, Cambridge, UK, CB21 5DL

Age and Eligibility Requirements

In order to use the MyEdelweiss Services and access any Content, you need to (1) be 18 years of age or older, (2) have parent or guardian consent if you are a minor;; (3) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (4) reside in a country where the Service is available.

You also promise that any registration information that you submit to MyEdelweiss is true, accurate, and complete, and you agree to always keep it that way. If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf.

The Edelweiss Services Provided by Us

We provide numerous MyEdelweiss Service options.

MyEdelweiss Standard Service grants you 1,000 tracks as part of our starter package.  Further options require payment before they can be accessed (referred to as “Paid Subscriptions’ including TotalCare maintenance and further music). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.

We will explain which services are available to you when you are signing up for the services.

Note that the MyEdelweiss Standard Service may be discontinued in the future should new subscriptions services be made available.

You will be notified of new services and subscription packages from time to time.

Third-Party Applications, Devices and Open Source Software

The MyEdelweiss Services may be integrated with, or may otherwise interact with, third-party applications, websites, and services (“Third-Party Applications”) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (“Devices”). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Edelweiss does not guarantee that Third-Party Applications and Devices will be compatible with the MyEdelweiss Service. We recommend that you use your MyEdelweiss app’ via the dedicated device supplied with your Edelweiss Virtuoso self-play system.

Service Limitations and Modifications

We use reasonable care and skill to keep the MyEdelweiss Services operational and to provide you with a personalized, immersive audio experience. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you; for example:

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

Your Use of Edelweiss Services

Creating a MyEdelweiss Account

You will need to create a MyEdelweiss account to use our self-play library service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

Edelweiss may reclaim, or require you to change, your username for any reason.

Registering a MyEdelweiss account is free but access and use of our library and services is restricted to Edelweiss Virtuoso customers. Only one account can be created per piano or self-play system which is assigned a unique identifier.

Your Rights to Use Edelweiss Services

Access to the MyEdelweiss Service

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the MyEdelweiss Service and the Content (collectively, “Access”). This Access shall remain in effect unless and until terminated by you or Edelweiss. You agree that you will not redistribute or transfer the MyEdelweiss Service or the Content.

The Edelweiss software applications and the Content are licensed, not sold or transferred to you, and Edelweiss and its licensors retain ownership of all copies of the Edelweiss software applications and Content even after installation on your Devices.

Edelweiss Proprietary Rights

The MyEdelweiss Service and the Content are the property of Edelweiss or Edelweiss’s licensors. All Edelweiss and 1066 Group trademarks, service marks, trade names, logos, domain names, and any other features of the Edelweiss brand (“Edelweiss Brand Features”) are the sole property of Edelweiss or its licensors. These Terms do not grant you any rights to use any Edelweiss Brand Features whether for commercial or non-commercial use.

Company Accounts

If you establish a MyEdelweiss account on behalf of a company, organization, entity, or brand (a “Brand,” and such account a “Company Account”), the terms “you” and “your,” as used throughout these Terms (including other Edelweiss terms and conditions incorporated by reference herein), apply to both you and the Company.

If you create a Company Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable Edelweiss terms and conditions) and to bind the Company to these Terms.

Customer Support, Information, Questions and Complaints

If you have any questions concerning the Edelweiss Service or these Terms (including any additional Edelweiss terms and conditions incorporated herein), please contact Edelweiss Customer Service via email at support@edelweisspianos.com.

If you reside in the European Union, you can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform through the following link: https://ec.europa.eu/consumers/odr.

Problems and Disputes

Suspending and Terminating the MyEdelweiss Services

These Terms will continue to apply to you until terminated by either you or Edelweiss. Edelweiss may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Edelweiss Service at any time if we believe you have breached any of these Terms, if we stop providing the Edelweiss Service or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law. If you or Edelweiss terminate these Terms, or if Edelweiss suspends your access to the Edelweiss Service, you agree that Edelweiss shall, subject to applicable laws, have no liability or responsibility to you, and (except as expressly provided in these Terms) Edelweiss will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Edelweiss Service. To learn how to terminate your Edelweiss account, please use the Customer Support as noted above.

Warranty Disclaimers

MyEdelweiss Services will provide the MyEdelweiss Services Service using reasonable care and skill and in accordance with any specification of the MyEdelweiss Services provided by MyEdelweiss Services, however, subject to that, the MyEdelweiss Services is provided “as is” and “as available,” without any warranties of any kind, whether express, implied, or statutory. Further, MyEdelweiss Services and all owners of the content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither MyEdelweiss Services nor any owner of content warrants that the MyEdelweiss Services or content is free of malware or other harmful components. In addition, MyEdelweiss Services makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through the MyEdelweiss Services or any hyperlinked website, and MyEdelweiss Services is not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from MyEdelweiss Services shall create any warranty on behalf of MyEdelweiss Services.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you and nothing will affect your statutory rights.

Limitation of Liability

Subject to applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with the MyEdelweiss Services is to uninstall any MyEdelweiss Services software and to stop using the MyEdelweiss Services. You agree that MyEdelweiss Services has no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the MyEdelweiss Service, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to MyEdelweiss Services, for any problems or dissatisfaction with any third-party applications or the content thereof, is to uninstall or stop using such third-party applications.

Third Party Rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and MyEdelweiss Services, and in no event shall these Terms create any third-party beneficiary rights.

If you have downloaded any of our mobile software applications (each, an “App”) from the Apple Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and MyEdelweiss Services only, not with Apple, and Apple is not responsible for the MyEdelweiss Services Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the MyEdelweiss Services.

Indemnification

You agree to indemnify and hold MyEdelweiss Services harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by MyEdelweiss Services arising out of or related to: (1) your breach of any of these Terms (including any additional MyEdelweiss Services terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the MyEdelweiss Services; and (4) your violation of any law or the rights of a third party.

Changes

We may make changes to these Terms (including any additional MyEdelweiss Services terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised Agreement on the applicable MyEdelweiss Services (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other MyEdelweiss Services terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your use of the MyEdelweiss Services following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the MyEdelweiss Services under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.