You are using Services (as defined below) developed by JoyTunes Ltd. (hereinafter "JoyTunes"). Please read these Terms of Use (hereinafter the "Terms of Use") carefully before using any Services by JoyTunes. By downloading, viewing or using any of our Services you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Services and if you've already begun using Services you are required to cease doing so immediately. In order to participate in certain Services you may be required to download content, software, and/or required to agree to additional terms and conditions.
Please note that you are using the Services at your own responsibility and risk. JoyTunes does not take any responsibility, or provide any warranties, for the outcomes resulting from the use of the Services, nor does it guarantee any result of any kind. JoyTunes shall not be held responsible for any malfunction or damages caused by using Services, downloadable files and/or installation of Services.
Some of the Services are not compatible with the entire variety of mobile devices and computers. You shall be solely responsible for procuring a compatible device if you wish to use some or all of the Services offered by JoyTunes.
THE SERVICES AND ALL MATERIALS CONTAINED IN THEM ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
These Terms of Use govern the relationship between you and JoyTunes regarding your use of the Services.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE. IF YOU ARE A MUSIC TEACHER AND PROVIDE YOUR CONSENT FOR A CHILD'S REGISTRATION WITH THESE SERVICES, YOU AGREE THAT YOU ARE AUTHORIZED TO DO SO, AND THAT YOU ARE IN COMPLIANCE WITH APPLICABLE LAWS IN YOUR COUNTRY.
By using the Services you agree: (1) to be bound by these Terms of Use and its conditions; (2) to our Privacy Policy which is incorporated here by reference; and (3) to be bound by other policy and legal notices that may be posted on our Site from time to time. If you do not agree either to our Terms of Use or our Privacy Policy please do not use our Services. You are only authorized to use the Services if you agree to abide by and do abide by all applicable laws, these Terms of Use and Privacy Policy.
We require that you review our Privacy Policy and encourage you to raise any relevant questions with us.
You affirm that you have read and accepted these Terms of Use and the Privacy Policy, and that you are fully able and competent to enter into and comply with the Terms of Use, conditions, obligations, affirmations, representations, and warranties set forth herein.
JoyTunes reserves the right, to change and/or modify these Terms of Use from time to time, at its sole discretion. Any such change or modification shall come into effect immediately after posting them to the Site or Services. By continuing to use our Services you accept such changes and modifications in the Terms of Use. These Terms of Use shall be effective as of January 20, 2014.
Some Services are free for registered teachers only and their students. JoyTunes reserves the right, to change and/or modify this free offering, at its sole discretion. Any such change or modification shall come into effect immediately after posting them to the Site or Services and/or proper written notice to our users, and may include disconnection after notice.
If as a result of changes or modifications made in the Terms of Use or the Privacy Policy you are no longer agreeing to either one of them, you must immediately stop using our Services.
To the extent that these Terms of Use conflict with the Privacy Policy or any other JoyTunes Terms of Use or policies, these Terms of Use shall govern.
The Services (including without limitation any content, games, melodies, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, and moral rights) are copyrighted works owned by JoyTunes and its third-party licensors or providers, unless expressly indicated otherwise. JoyTunes reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.
YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, SLOGANS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR OTHER PROPRIETARY RIGHTS IN THE SITE OR CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY.
JoyTunes provides fun and friendly music learning and practice tools. Services include: (a) mobile applications: Piano Mania (Piano Maestro), Recorder Master, Recorder Express, Piano Dust Buster, Piano Summer Games and any other existing application or that shall be developed and/or offered by JoyTunes in the future; (b) JoyTunes.com website (hereinafter: the "Site"), and; (c) other features, content, applications and functionality of any kind that are currently offered or that shall be offered by JoyTunes in the future (hereinafter: the "Services").
Subject to your agreement and continuing compliance with these Terms of Use and Privacy Policy, you may use JoyTunes Services for your own purposes.
Unless expressly stated otherwise, nothing in these Terms of Use shall be deemed as providing you a commercial license of any kind with respect to the Services. No right or license is granted to distribute, publicly perform or prepare derivative works of any content accessed through the Services.
You are using the Services at your own responsibility and risk. JoyTunes does not take any responsibility, or provide any warranties, for the outcomes resulting from the use of the Services, nor does it guarantee any result of any kind. JoyTunes shall not be held responsible for any malfunction or damages caused by using Services, downloadable files and/or installation of Services.
Some of the Services are not compatible with the entire variety of mobile devices and computers. You shall be solely responsible for procuring a compatible device if you wish to use some or all of the Services offered by JoyTunes.
In case you are employed or self employed as a Music Teacher we encourage you to incorporate the use of our Services during lessons, extra curriculum, bonus assignments and any other strictly educational purpose in the course of your teachings. You may not, however, charge additional fees for incorporating Services into your teachings. For the avoidance of doubt and in accordance with the aforesaid, JoyTunes does not guarantee and does not take any responsibility for outcomes of using the Services.
Some Services may include areas which are restricted to adults over the age of 18 and are intended solely for the Parents and/or Music Teachers of minors and adult users using our Services (hereinafter: "Restricted Areas"). Restricted Areas are generally called "Parents/Teachers Zone", but may also be called by a different, yet clear, name which shall identify it as a Restricted Area in each of the Services. Restricted Areas may contain links to placing payments and may include permissions to share personal information with other persons (i.e. students sharing assignments with their Music Teacher).
If you are under the age of 18 you are not permitted to place payments without parental or legal guardian consent.
Parents are required to protect their payment information and JoyTunes shall not be held responsible for any unauthorized payment.
Some Services can be accessed FREE of charge, additional Services may require payment. In order to place payments you will be redirected to the Apple iTunes Store, PayPal or a similar trusted payment solution (hereinafter: "Payment Solution"). All payments shall be placed using Payment Solution, thus payment information is not collected and/or saved by JoyTunes.
You are solely responsible for securing your payment information. JoyTunes shall not be held responsible for any theft, unauthorized use and damages of any kind occurring in relation with placing payments to use Services.
JoyTunes may at its sole discretion, from time to time, cancel or add Services offered for free, increase or decrease the amounts required for paid Services, request payment for Services that had previously been offered for free and introduce new Services either free of charge or paid ones.
Services might offer hyperlinks to third party sites and may display content and other information from third party sites (Hereinafter: "Third Party Content"). As a general rule, JoyTunes allows only child-safe, education/music oriented Third Party Content to be promoted via the Services. That being said, JoyTunes does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of Third Party Content. JoyTunes shall not be responsible for any damages, errors, omissions or for the results obtained from the use of such Third Party Content.
When creating or updating an account, you may be asked to provide JoyTunes with certain personal information to improve your overall experience and personalize your progress. This information will be held and used with utmost care in accordance with the Privacy Policy. You agree that you will supply accurate and complete information to JoyTunes and that you will update that information promptly after it changes.
During the account creation process, you may be asked to select a password ("Login Information"). The following rules govern the security of your Login Information:
JoyTunes reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.
Any use of the Services in violation of these Limitations is strictly prohibited, can result in the immediate revocation of authorization to use the Services, and may subject you to liability for violations of law. You agree that you will not, under any circumstances:
Copy, modify or distribute rights or content from any Services or JoyTunes' copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms of Use.
Without limiting any other remedies, JoyTunes may limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof if you are, or if JoyTunes suspects that you are, failing to comply with any of these Terms of Use or for any actual or suspected illegal or improper use of the Services, with or without notice to you.
Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of JoyTunes.
In our ongoing efforts to improve the Services, your information and the contents of all of your online communications (including without limitation, IP addresses and your personal information) may be accessed as necessary to provide the Service, disclosed to data processors who act on our part. In rare or extreme scenarios, this information may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that our Services are being used in the commission of a crime, including to report such criminal activity; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of JoyTunes, including to enforce these Terms of Use; (vi) upon a merger, acquisition or any other change of control event.
By entering into these Terms of Use you hereby provide your irrevocable consent to such monitoring, access and disclosure.
JoyTunes may require that you accept updates to the Services and to JoyTunes content you have installed on your device. You acknowledge and agree that JoyTunes may update the Service with or without notifying you.
THE SERVICES AND ALL MATERIALS CONTAINED IN THEM ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
JoyTunes is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Services or with respect to the information and material contained in these Services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOYTUNES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED IN THE SERVICES WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY JOYTUNES OR ANY THIRD PARTY.
Notwithstanding the foregoing, in no event shall JoyTunes' liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any.
You agree to indemnify, defend and hold harmless, JoyTunes, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. JoyTunes reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with JoyTunes in asserting any available defenses.
You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Service.
We strongly encourage you to contact us directly before resorting to litigation. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These Terms of Use and the relationship between you and JoyTunes shall be governed by the laws of the State of Israel without regard to its conflict of law provisions. You agree to submit claims and disputes to the exclusive jurisdiction of the competent court in the Tel Aviv, Israel. You hereby waive any and all jurisdictional and venue defenses otherwise available.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
In the event that any portion of these Terms of Use is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions, which shall continue to be in full force and effect.
You may access parts of the Services for free, and other parts of the Services require payment of subscription and/or other fees (“Paid Content”). Fees charged may be one-time payments or automatically renewing payments as further described in the respective Services platform(s). By choosing to access, buy or subscribe to any Paid Content, you hereby authorize JoyTunes to charge the credit card or any other payment method that you choose to use, for all the costs and charges that apply to such Paid Content. You acknowledge and agree that you are solely responsible for all applicable fees and charges incurred, including applicable taxes, and all subscription fees and purchases made by you or by anyone that has used your account(s). If you are acting on behalf of an entity, you represent that you are authorized to act on behalf of such entity. Please note that JoyTunes may use a third-party payment processor to facilitate payments for the Services. If you make a purchase through a third-party application store, such as Apple App Store or Google Play Store, your purchase will be subject to such third party’s applicable payment policy, terms of use and other applicable policy's such third parties may have in place.
To access Paid Content, you must provide valid and accepted payment information. If the payment information provided by you is declined for payment of the Paid Content you are subscribed to, you must provide JoyTunes with alternative valid payment information or your access to Paid Content may be suspended at JoyTunes' sole discretion. In such an event, you will get access to Paid Content as soon as the provided payment information has been processed and approved.
When you subscribe for Paid Content, JoyTunes may, from time to time at its sole discretion offer a trial period in which such Paid Content may be accessed without payment or at a reduced rate (“Trial Period”). This may vary depending on promotions, type of subscription and the term you select at the time of purchase. JoyTunes reserves the right, in its absolute discretion, to determine your eligibility for a Trial Period and may cancel or change the Trial Period terms at any time without notice and/or liability to you, within the limits permitted by applicable law. JoyTunes may require you to provide your valid payment information in order to start the Trial Period. By providing this information, you agree that unless you choose to cancel your paid subscription prior to the end of the Trial Period, JoyTunes may automatically begin charging you for such Paid Content, starting on the first day following the Trial Period, on a monthly (or other recurring) basis as notified to you, until you cancel your subscription to such Paid Content (i.e. turn off automatic renewal from your 'account settings' or via the Apple App Store or the Google Play Store). If you do not want to be charged, you must cancel your subscription to such Paid Content before the end of the Trial Period. If you cancel your subscription to Paid Content, your Account will only have access to those parts of our Services that you may access for free.
The subscription fee for our auto-renewable subscription plans may be billed as one-time advance payment for the subscribed period (e.g., 1, 3, 6 or 12 months) or in monthly installments charged every month in advance for the duration of the subscription period. The pricing and terms applicable to your subscription may vary depending on promotions, type of subscription and the subscription period you select at the time of purchase. If your subscription started with a promotion or Trial Period at a reduced rate, your renewal rate may be higher than your initial rate. In some cases, your payment billing dates or billing term for your subscription may change if your payment was not successfully finalized on the original due date. JoyTunes will use reasonable efforts to inform you of the billing term change through email. If you have registered for any Paid Content , you may change your mind and receive a full refund of all monies paid within thirty (30) days from your subscription to such Paid Content , provided that during such period you have not at any time used or otherwise accessed such Paid Content. If you choose to sign up for an auto-renewable subscription for Paid Content, you understand and agree that your subscription will automatically renew at the end of the subscription period, and that payment for the renewal period is automatically charged to you using the payment information you have provided, unless you cancel your subscription before the end of the then-current subscription period. You can cancel your auto-renewing subscription to Paid Content via your account settings or by contacting our support by opening a support ticket on the Site or applicable app. If you purchased a paid subscription to Paid Content via a third party, such as Apple App Store or Google Play Store, you can cancel such paid subscription via such third party following the applicable terms and payment policies of such third party. Except as specifically provided otherwise in these Terms of Use, you hereby agree that any payment made by you to JoyTunes is and will be FINAL and NON-REFUNDABLE.
JoyTunes' prices and fees may change from time to time. If the pricing of your Paid Content changes, JoyTunes will notify you in advance and provide you with an opportunity to review such changes to your subscription fee. Price changes will take effect at the beginning of the next subscription period after the date of the price change. If you do not agree to a price change, then your only right is to terminate your account. To the extent permitted under applicable law, continuing to use the Services after any price or fee change takes effect, shall indicate that you accept such price or fee change. If you do not accept a price change, your only right is to refuse the change by cancelling the subscription to Paid Content before the price change takes effect.
You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without JoyTunes' prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
These Terms of Use contain the entire understanding of you and JoyTunes and supersede all prior understandings, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
We may notify you via e-mail or by posting on the Site.
All notices given by you or required from you under these Terms of Use shall be in writing and addressed to: info@joytunes.com. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
JoyTunes Ltd. info@joytunes.com