3.1. Third Party Accounts. In order to access and use certain features of the Service, you may choose to sync with or link to a third party account that you have with Facebook or other third party websites that we designate on the Service (each a “Third Party Account“). If you choose this option, then a Third Party Account pop-up box will appear which you will need to approve in order to proceed, and which will describe the types of information that we will obtain from, and the types of activities that we may perform in connection with, your Third Party Account. Please note that in order to use this option, you will need to have, and may need to be signed in to, an existing Third Party Account. You are solely responsible and liable for the activity that occurs in connection with your Account and Third Party Account.
3.2. Feedback. If you send us feedback via email, we will receive and store a copy of your email address, as well as any other Personal Information you disclose.
3.4. App Log-Files and Other Tracking Technologies. We may collect limited information from your device in order to provide the Service and its related services. Such information may include your device type, device id, and date and time stamps of App use. In addition, we may deploy log-files and tracking technologies within the App to help us gather aggregate statistics, but we will not use Personal Information for such purposes.
3.5. Website Cookies, Log-Files and Tracking Technologies. Our Website may utilize “cookies”, log-files, and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about Website activity. Certain cookies and other technologies may serve to recall Personal Information previously indicated by a Website user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to block cookies or to notify you if you receive a cookie.
4.1. To provide the Service to you, to improve the Service, to contact you in response to a feedback request or in connection with certain programs or offerings that you may have registered for, and to identify and authenticate your access to the App.
4.2. We may send you in-App notifications regarding the App, our services and third party advertisements.
4.5. We may disclose your Personal Information or any information you submitted via the Service if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce any applicable terms of service, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Tonara, our users, yourself or the public.
Last updated: 22 August 2013
It is the policy of Tonara Ltd. to respect the legitimate rights of copyright owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), Tonara has designated an agent (specified below) to receive notifications of claimed copyright infringement on its sites. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Tonara’s Copyright Agent with the following information in accordance with the DMCA:
Tonara’s agent for notice of claims of copyright infringement can be reached as follows: Yair Lavi
10 Oholiav St. Ramat-Gan, Israel
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter notice. To be effective the counter-notification must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
Such written notice should be sent to our designated agent as follows:
10 Oholiav St. Ramat-Gan, Israel
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Tonara™ App End User License Agreement
PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND USING THE TONARA APP.
By clicking the “accept” or “ok” button, or installing and/or using the Tonara mobile software application (together with its Content, Marks and services, the “App“) and the Service (defined below) you expressly acknowledge and agree that you are entering into a legal agreement with Tonara Ltd. (“Tonara“, “we“, “us” or “our“), and understand and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement“). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the App.
2.1. Tonara provides a platform which allows users to upload musical scores (including lyrics) and to create and annotate PDF versions of such scores, download musical scores in Tonara’s proprietary format or PDF format via the Apple App Store (free of charge or for a fee) and record and share video and/or audio recordings of their own musical performances (hereinafter the “Service”). The Service is available through the App. Certain features of the Service are also available through our Website.
2.2. Unless the App or Service is separately referred to in this Agreement, all references herein to the “Services” shall include both the App and the Service.
4.1. General. You agree to the following in connection with your use of the Services:
(i) You may not download, install or use the Services if you are under 13 years old, and if you are between the ages of thirteen (13) and eighteen (18) then, prior to using the Service, you must first review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.
(ii) You agree to abide by all applicable laws, regulations and rules in connection with your use of the Services.
(iii) You agree that you are solely responsible for all acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf.
(iv) In connection with your use of the Services, you will not:
(a) breach the terms of this Agreement or any other applicable rules and instructions that Tonara may convey with respect to the use of the Services;
(b) interfere with, disrupt, circumvent or manipulate the functionality or operation of the Services;
(c) send automated or machine generated search queries or use robots, crawlers or similar applications to collect or compile content from the Services;
(d) impersonate any person or entity, or making any false statement pertaining to your identity.
(v) In connection with your use of the Services you will not post, disseminate, transmit, or otherwise communicate through or to the Services, or make available any content on the Services, or when using the Services or any of the services therein, content which may reasonably be deemed as:
(a) infringing or violating intellectual property rights of other parties, including patents, copyrights (including without limitation, mechanical rights, performance rights and rights in sound recordings), trade secrets and trademarks;
(b) software viruses, trojan horses, worms, vandals, spyware and any other malicious code;
(c) encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;
(d) constituting a violation of a person’s right to privacy or right of publicity;
(e) prohibited by any applicable law to be posted, published, disseminated, or otherwise made available to the public;
(f) threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable; and/or
(g) unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
4.2. Access to Services. Tonara may remove or block access to the App or Service, or any part thereof, for any reason that Tonara may consider to be justified in its sole discretion including, but not limited to:
(i) to prevent misuse of the Services; and/or
(ii) when Tonara deems the use of the Services to be in breach of the terms of this Agreement, or a violation of any applicable law.
4.3. Access to Content. Tonara may also remove or block access to some of the information or content made available through the Services after a certain period of time. Consequently, you may not find content that you previously had access to through the Services. The App and Service do not operate as an archive or file storage service and you are solely responsible for the backup of your content.
5.1. In order to use certain features of the Services, you may be required to provide certain contact and personal details. Tonara will explicitly indicate the fields that are mandatory to complete. If you do not enter the requisite data in these fields, you will not be able to register. You agree that we may use such information in accordance with Tonara’s Privacy Statement, available at www.tonara.com/privacy (“Privacy Statement“).
5.2. Tonara may provide you with a password for accessing your account on the Services. Tonara may also establish and require from time to time specific means of identification and authentication for logging in and accessing your account, or for accessing certain services on the Services. You agree to maintain your login details in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Services as a result of compromising your details or conveying them to someone else or not keeping them secure and confidential.
5.3. The Services or certain features thereof may also be accessed via a Third Party Account (defined below), by clicking on a sign-in box displayed on the App for Facebook or for other designated third party services with which you may have registered an account (each a “Third Party Account”). If you choose this option, then a Third Party Account pop-up box will appear which you will need to approve in order to proceed, and which will describe the types of information that we will obtain from, and the types of activities that we may perform in connection with, your Third Party Account. Please note that in order to use this option, you will need to have, and may need to be signed in to, an existing Third Party Account. You are solely responsible and liable for the activity that occurs in connection with your Account and Third Party Account.
(i) you have abused your rights to use the Services;
(ii) you have breached the terms of this Agreement;
(iii) you have performed any act or omission that violates any applicable law, rules, or regulations;
(iv) you have performed any act or omission which is harmful or likely to be harmful to Tonara, or any other third party, including other users, and providers of the Services;
(v) you conveyed your password to another person; and/or
(vi) you are delinquent in the payment of any fees for the Services.
Except in cases where your continued use of the Services may expose Tonara or any third party to risk or harm, Tonara will make commercially reasonable efforts to give you notice, when applicable, prior to taking the above actions.
8.2. The Services may include paid advertisements, sponsored links and commercial information (the “Advertisements”). By clicking the Advertisements you may be transferred to a service of a third party advertiser or receive any other messages, information or offers from the advertiser and from others. Tonara is not responsible for any of the third party advertisers’ practices, including their privacy practices, or for the content of their Advertisements, services, information, messages or offers.
11.1. Ownership of Services, Content and Marks. The Services are licensed, and not sold, to you under this Agreement. All rights, title and interest in and to (i) the Services and any part thereof; (ii) text, documents, articles, musical scores, notes, lyrics, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Services (collectively, the “Materials“); (iii) the Services’ products, services and software (collectively, “Software“); (iv) User Submissions (as defined below, and, together with the Materials and Software, the “Content“); and (v) the trademarks, service marks and logos contained therein (“Marks“), including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated with any of (i) to (v) above, are the property of, and are owned by, Tonara or its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. Except as expressly set forth herein, nothing in this Agreement shall be construed as transferring any rights to you or any third party. Tonara and its licensors reserve any and all rights not expressly granted in this Agreement.
11.2. Use of Services and Content. Unless expressly permitted in this Agreement, you may not, and shall not permit any third party to, by any means (including without limitation by electronic, mechanical or optical means): (i) copy (except, with respect to the App, for backup purposes), distribute, publicly display, publicly perform, sublicense, sell, rent, lend or lease the Services and/or Content or any portion thereof; (ii) except to the extent permitted by applicable law, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, make commercial use of, combine with other software, process, compile, or reverse engineer, the Services or any portion thereof (iii) modify, improve, translate, adapt, or create derivative works of, the Services and/or Content or any portion thereof; (iv) except as expressly permitted herein, make the App available over a network where it could be used by multiple devices at the same time; (v) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any part of the Services or Content or that enforce limitations on use of the Services; and/or (vi) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement. Content on the Services is provided to you on an ‘as is’ and ‘as available’ basis for your information and personal use only. If you use or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
11.3. Use of Marks. You may not: (i) adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of Tonara and other providers of the Services; and/or (ii) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in, or displayed on or via, the Services. You must avoid any action or omission which may dilute or tarnish Tonara’s goodwill. “Tonara”, the Tonara logo, and other marks are Marks of Tonara or its affiliates. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners.
11.4. Proprietary Notices. You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the Services and any content provided through the Services. You agree to retain and avoid distorting such signs and notices in any copy thereof.
11.5. License With Regard to Sheet Music and/or Lyrics.
11.5.1. For sheet music and/or lyrics made available on the Service on whichTonara is listed as the publisher, Tonara hereby grants each user of the Services a non-exclusive right to use, , publicly display and publicly perform such sheet music or lyrics which is made available through the Services, all in accordance with this Agreement.
11.5.2. For sheet music and/or lyrics indicated as “Public Domain”, Tonara has reasonable belief that it is in the public domain and may be used by each user as they wish. Nevertheless, Tonara makes no guarantee that these are domain name in your country and assumes no legal responsibility or liability of any kind for its copyright status.
11.5.3. For sheet music and/or lyrics licensed by a third party: You have the rights as granted by such third party. Please check the third party site to make sure you use is in accordance with the rights they have given you.
12.1. Responsibility. The Services may permit the submission, hosting, sharing and publishing of Materials (including without limitation, musical scores, notes, lyrics, and audio or video recordings of your musical performances) by you and other users (“User Submission(s)“). You acknowledge that we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish any User Submissions that you choose to publicly share via the Service, and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, delete, and/or remove any and all Content posted on the Services (including User Submissions) at any time and for any reason.
12.2. License to User Submissions. By uploading User Submissions to the Services, including any and all communications that you make with other users on or through the Services, you grant Tonara a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, transferable license, to copy, distribute, display or perform publicly, make publicly available, adapt, re-format (including without limitation, by creating PDF documents of musical scores, notes and/or lyrics), sub-license, process and translate such User Submissions, combine such User Submissions with, or incorporate such User Submissions into, other content or materials, and modify and create derivative works of such User Submissions; in each case in connection with Tonara’s operation of the Services, and in Tonara’s other media platforms, applications and services. You further waive all rights of attribution with respect to the use of your User Submissions. You also hereby grant each user of the Services a non-exclusive right to use, reproduce, distribute (including without limitation via email messages), prepare derivative works of, publicly display and publicly perform such User Submissions, all in accordance with this Agreement.
12.3. Ownership. You represent and warrant that: (i) you own, or have the necessary rights and permissions to use and authorize Tonara to use, all Intellectual Property Rights (as defined below) in and to your User Submissions and any other content that you provide to Tonara, and to enable inclusion and use thereof as contemplated by this Agreement; and (ii) your User Submissions do not violate or infringe the intellectual property, proprietary or privacy rights of any third party. You retain all of your ownership rights in your User Submissions. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
12.4. Exposure. You understand and acknowledge that when accessing and using the Services: (i) you will be exposed to User Submissions from a variety of sources, and that Tonara is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Tonara with respect to (i) and (ii) herein.
13.1. The License granted hereunder is currently for free. However, you may have the option to purchase certain Service features or Content by using the tools that we make available through the App (each an “in-App Purchase“). The prices for any such features are displayed on the Service.
13.3. Please be aware that your use of the Service may require and utilize internet connection or data access. To the extent that any third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
18.1. Tonara may at all times, and in Tonara’s sole discretion, terminate the operation of the Services, or any part thereof, temporarily or permanently. In such an event, and when possible, Tonara will provide prior notice of termination.
18.2. You agree and acknowledge that Tonara does not assume any responsibility with respect to, or in connection with, the termination of the Services’ operations and loss of any data as a result thereof.
19.1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “as available” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TONARA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY AND ANY REPRESENTATIONS AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
19.2. TONARA DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN A USER SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON, OR FACILITATED VIA, THE SERVICE BY A THIRD PARTY. YOUR RELIANCE OR USE OF ANY SUCH CONTENT, PRODUCT OR SERVICE IS ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT TONARA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY OTHER SERVICE USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER SERVICE USERS. IF YOU HAVE A DISPUTE WITH ANY SUCH USER, YOU AGREE THAT TONARA IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. TONARA RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
19.4. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICEs IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
22.1. This Agreement and your use of the Service, and any disputes directly or indirectly arising from this Agreement or your use of the Services, shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any choice of law or conflict of law rules or provisions.
22.2. You agree to resolve any dispute or claim that you may have against Tonara exclusively in the courts located in Tel Aviv-Jaffa, Israel. You hereby irrevocably consent and submit to the exclusive jurisdiction of such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
24.1. This Agreement constitutes the entire agreement between you and Tonara with respect to the App and your use of the Service via the App and supersedes any and all other agreements with respect to the App and your use of the Service via the App.
24.2. No waiver, concession, extension, representation, alteration, addition or derogation from the terms of this Agreement by Tonara, or pursuant to the terms of this Agreement, will be effective unless consented to explicitly and executed in writing by Tonara’s authorized representative.
24.3. Failure on Tonara’s part to demand performance of any provision in this Agreement shall not constitute a waiver of any of Tonara’s rights under this Agreement.
31.1. Apple. If you download the App from the Apple, Inc. (“Apple“) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
(i) You acknowledge and agree that:
(a) this Agreement is concluded between Tonara and you only, and not with Apple, and Tonara and its licensors, and not Apple, are solely responsible for the App and the content thereof.
(b) your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
(c) the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
(d) Tonara is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(e) Tonara is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Tonara’s sole responsibility;
(f) Tonara, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
(g) in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
(h) Apple and its subsidiaries are third party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof;
(i) You must comply with applicable third party terms, if any, when using the App.
(ii) You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(iii) If you have any questions, complaints, or claims regarding the App, please contact Tonara at:
Address: 10 Oholiav St. Ramat-Gan, Israel
(iv) By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
Last update: 22 August 2013