Terms of Use

Welcome to ToneScholar. ToneScholar enables you to improve your musical ear through our application and website. Prior to use, we require that you read and accept all of the terms and conditions in, and linked to, these Terms of Use (hereafter, the “Terms of Use”)

These Terms of Use will govern your use of the ToneScholar application (the “Application”, “App”, or “Licensed Application”), the tonescholar.com website (the “Website), and all other services provided by ToneScholar (collectively, the “Services”).

These Terms of Use set forth the terms and conditions of use of the Services in addition to those set forth in Apple’s standard EULA as part of the App Store’s Terms of Service. These Terms of Use may be modified by ToneScholar in its sole discretion from time to time and such modifications shall automatically become part of the Terms of Use and shall be effective once posted by ToneScholar on the tonescholar.com website. Your use of the Services will be subject to any such modifications. You should review the Website and these Terms of Use from time to time for any modifications.

YOU UNDERSTAND THAT BY USING THE WEBSITE, THE APPLICATION, AND/OR THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE TONESCHOLAR WEBSITE, APPLICATIONS, OR SERVICES.

You may not use any portion or feature of the Website if you are under the age of 13.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any ToneScholar server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Site, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of ToneScholar, including any ToneScholar account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or ToneScholar’s systems or networks, or any systems or networks connected to the Website or the App.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ToneScholar or any third parties.

ToneScholar reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to ToneScholar, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ToneScholar’s express prior written consent.

User-Generated Content includes anything you upload to store on, or transmit through the Website, and other data, documents, photos, and video. ToneScholar does not claim ownership of User-Generated Content. Your content remains your content, and you are responsible for it. We do not control, verify, pay for, or endorse the User-Generated Content that you and others make available on the Services. ToneScholar does not attest to the accuracy of any User-Generated Content available on the Website, and you rely on the information conveyed in such User-Generated Content at your own risk.

Additionally, you will not upload, store, or transmit any User-Generated Content that infringes the copyright, trademark, trade dress, or other intellectual property of a third party on the Website. ToneScholar disclaims liability for any such activity by the user that may infringe third-party intellectual property, and you further agree to indemnify ToneScholar for any and all harm resultant from such activity.

ToneScholar does not permit copyright infringing activities and infringement of any other intellectual property rights on the App [and Site] and will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. ToneScholar reserves the right to remove Content without prior notice.

If you are a copyright owner or an agent thereof and believe in good faith that any materials on the App [or Site] infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by sending the following information in writing to ToneScholar’s designated copyright agent at legal@tonescholar.com.

If you believe that your content that has been removed from the App [or Site] does not infringe or that you have the authorization from the copyright owner, you may send a counter-notice to ToneScholar. To do so, send the following information to our copyright agent using the contact information set forth above.

If a counter-notice is received by ToneScholar’s copyright agent, ToneScholar may send a copy of the counter-notice to the original complaining party informing such person that ToneScholar may reinstate the removed content 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, at ToneScholar’s discretion, be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

You understand and agree that the ToneScholar application and website content is licensed to you solely for your personal, non-commercial use. Usage of the application or website content for corporate or commercial purposes without an explicit commercial license from ToneScholar is prohibited and constitutes both copyright and patent infringement.

Payments are managed on the Website through the use of a third-party payment-processing provider. In accordance with the “DISCLAIMERS” subsection within these Terms of Use, ToneScholar disclaims itself from any and all liability that may ensue from your use of the payment processing services.

TONESCHOLAR DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, APPLICATION, SERVICE OR FEATURE ACCESSED THROUGH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE APPLICATION, THE SERVICES, THE WEBSITE, AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TONESCHOLAR CANNOT ENSURE THAT THE APPLICATION, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TONESCHOLAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TONESCHOLAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE, THE APPLICATION, AND/OR ANY TONESCHOLAR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION, THE SERVICES, AND THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TONESCHOLAR FOR DISSATISFACTION WITH THE APPLICATION, THE SERVICES, THE WEBSITE OR ANY CONTENT IS TO STOP USING THE APPLICATION, SERVICES, WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, &quotA GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

You agree to indemnify and hold our officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use, your improper use of ToneScholar’s Website, applications, or services, and/or your violation of any law or the rights of a third party.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use.

These Terms of Use and our provision of Services to you shall be governed by the laws—state, federal, or otherwise—applicable in the State of California, without giving effect to conflicts of law principles.

Any dispute arising from or relating to these Terms of Use, the Website, the Application, or our provision of Services to you must be initiated and resolved in a court of competent jurisdiction in the State of California. If you fail to bring a dispute in compliance with these &quotForum of Dispute&quot provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys’ fees, costs, and disbursements involved in making such a motion.

Additionally, if successful in any dispute, ToneScholar will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, costs, and disbursements.

In the event that a provision of these Terms of Use is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms of Use will remain in force as though they had not originally included the unenforceable provision.

If two or more Terms of Use provisions are deemed to conflict with each other’s operation, ToneScholar shall have the sole right to elect which provision remains in force.

If you have any questions about these Terms of Use, or about ToneScholar’s Website, Application, or Services, please contact us at: support@tonescholar.com