- Ability to Accept Terms.
If you are under 18 years of age, then you must review these Terms with you parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them.
- Intellectual Property Rights.
The Site and its content, including its overall appearance, graphics, design, text, documents, photos, videos and underlying software or source files, and any trademarks, service marks and logos contained therein, are the property of Tonara and/or our licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. You may download or copy material from our Site, only for your own personal, non-commercial use. Any other use is forbidden. Except as permitted above, you may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into, frame or use for any public or commercial purpose the contents of this Site without the prior written permission of Tonara. The entire contents of this Site are protected by copyright and/or other intellectual property rights. No copyright notices, other intellectual property or legal notices or other identifying information may be removed from downloaded materials.
Tonara’s name and Tonara’s logo and other Tonara product names and logos referenced in this Site are trademarks of Tonara Ltd. You may not separate from this Site, or copy or download separate from our Site, or otherwise use any of these trademarks or logos. Nothing contained in this Site should be construed as granting any license or right to use any of these trademarks or logos.
You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer, reproduce, distribute, display or disclose any content on the Site, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content on the Site or that enforce limitations on use of the Site. We, at our sole discretion, have the right to terminate these Terms and your access to the Site immediately, with or without cause. We reserve all rights not expressly granted to you in and to the Site.
- Personally Identifiable Information
- Copyright Policy
It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy which may be viewed at:www.tonara.com/copyright.
- Limitation of Liability
Limitation of Liability; Disclaimers. Tonara has made and will continue to make all possible efforts to include accurate and up-to- date information on this Site. However, Tonara cannot guarantee that the information posted on this Site is accurate, complete or suitable for any purpose. In addition, Tonara cannot guarantee that the content posted on this Site has not been affected by technical malfunctions or unauthorized tampering. Tonara does not guarantee that material on this Site will be free from infection, viruses, worms, Trojan horses and/or other code that has contaminating or destructive properties. It is your responsibility to take protective steps such as virus checking. Tonara may alter or remove materials from this Site at any time.
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, TONARA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS SITE OR ANY INFORMATION POSTED ON OR PRODUCTS SERVICES OFFERED OR OBTAINED THROUGH THIS SITE. IN NO EVENT WILL TONARA, ITS AFFILIATES, EMPLOYEES OR OFFICERS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND WHATSOEVER RESULTING TO YOU OR TO ANY THIRD PARTY DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS SITE OR PRODUCTS DESCRIBED IN THIS SITE OR DEFECT IN THIS SITE OR ANY PRODUCTS DESCRIBED IN THIS SITE OR ANY INFORMATION CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES. IN ANY EVENT, TO THE EXTENT THAT TONARA IS FOUND TO BE LIABLE DESPITE THE FOREGOING, THEN THE MAXIMUM AGGREGATE LIABILITY OF TONARA TO YOU SHALL BE LIMITED TO THE FEES THAT YOU PAID TONARA (IF ANY) IN CONNECTION WITH YOUR USE OF THE SITE WITHIN THE SIX (6) MONTHS PRIOR TO YOUR BRINGING OF THE APPLICABLE CLAIM. BY USING THIS SITE, YOU EXPRESSLY ASSUME ALL RISK THAT THE INFORMATION AND MATERIALS ON THIS SITE AND PRODUCTS DESCRIBED ON THIS SITE MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You are responsible for checking your local laws for any restrictions or limitations regarding the exclusion of liability.
You agree to defend, indemnify and hold harmless Tonara and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; or (ii) your violation of these Terms.
- Term and Termination.
We reserve the right to terminate these Terms and/or your access to the Site at any time. Tonara shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site.
The Site is currently made available to you for free. However, Tonara may charge a fee for certain uses or features of the Site. You will not be charged for any such uses or features unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.
These Terms, and any rights granted hereunder, may not be transferred or assigned by you but they may be transferred or assigned by Tonara without restriction or notification to you.
- Revision and Update of Terms
We may revise the Terms at any time. All updates to the Terms will be posted on this page. Such update will be effective ten (10) days following such posting, and your continued use of the Site thereafter means that you accept the Terms as updated.
The Terms are governed and interpreted pursuant to the laws of the State of Israel, notwithstanding any principles of conflicts of law. If you access this site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Tonara may seek injunctive relief in any court of competent jurisdiction. This Section 14 and Sections 3 (Intellectual Property Rights), 4 (Restrictions), 5 (Personally Identifiable Information), 8 (Limitation of Liability), 9 (Indemnity) and 12 (Assignment) shall survive any termination of these Terms. These Terms shall constitute the entire agreement between you and Tonara concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- How to Contact Us.
If you have any questions or concerns about the Terms for this Site or their implementation you may contact us at firstname.lastname@example.org.
Last update: February 25, 2016
- “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address or other contact information. Personal Information also includes audio files, where such files contain a person’s image or voice.
- Receipt and Collection of Information. We receive and/or collect Personal Information in the following ways:
Third Party Accounts. In order to access and use certain features of the Services, 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. “Contact Us” and Feedback. If you send us feedback or otherwise contact us via email or via the “Contact Us” feature on the Services, we will receive and store a copy of your email address, as well as any other Personal Information you disclose. If Tonara discovers that it has received a “Contact Us” request from a child under the age of 13, we may respond to the child using the email address provided, even if such child’s parent has not consented to the COPPA Notice. However, if the parent has not provided consent, we will delete the child’s contact information (and any other Personal Information) from our records after we respond.
- Sharing Recordings. Certain Apps may offer a feature that allows users to record their musical performances, which may include voice performances (such recordings, “Recordings”). Users may then access from within the App their existing email accounts with popular email programs (such as Gmail) and send Recordings along with a message, via an email sent from such programs. If you include Personal Information in such message, the Personal Information will be delivered to the recipient of the email.
- 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 Apps to help us gather aggregate statistics, but we will not use Personal Information for such purposes.
- 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.
- Analytics Services. Our Site may use the tools described below (the “Analytics Services”) to collect information about use of the Site, such as how often users visit this Site, what pages they visit when they do so, and what other sites they used prior to coming to this Site. We use the information we get from the Analytics Services to maintain and improve the Site and Our products.
Analytics services we use:
- The Way We Use Personal Information. If you submit or we collect Personal Information through the Services, then such Personal Information may be used in the following ways:
To provide the Services to you, to improve the Services (including via analytics services), to contact you in response to a feedback or “Contact Us” request or in connection with certain programs or offerings that you may have registered for, and to identify and authenticate your access to the Services.We may send you in-App notifications regarding the Apps, our services and third party advertisements.
For clarity, Tonara uses Personal Information of children under the age of 13 solely for internal operating purposes, including to make the features and functionality of the relevant App(s) available to such users, to respond to “Contact Us” requests as described in our COPPA Notice, for analytics services, and for record-keeping purposes. Except as described below, Tonara does not share Personal Information about children under the age of 13 with third parties.
- Personal Information. We may disclose Personal Information or any other information submitted via the Services (including without limitation, Personal Information of children under the age of 13), to the extent permitted by law, 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) prevent the instigation of a crime; (iv) to protect the security or integrity of our Services, as well as the technology of our service providers (iv) protect against harm to the rights, property or safety of Tonara, our users, yourself or the public; or (iv) enable us to take precautions against liability.
- Use of Anonymous Information. We may use Anonymous Information (as defined below), and disclose it to third party service providers, to provide and improve the Service. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about use of the Service.
- Opting Out. You may choose not to receive future promotional, advertising, or other Services-related notifications from us by changing the notification settings on your device. If you choose not to receive notifications, you may still use the Services but you may not receive, or may be unable to use, certain services that involve our interaction with you.
- Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any other of your Personal Information that we may be storing, you may submit a request to us by sending an email to email@example.com. If you are a parent of a user of the Services who is under the age of 13 and have previously provided consent the collection and use of your child Personal Information, you may contact Tonara at any time at the above email address (or as further described in the COPPA Notice) to obtain the details of his or her child’s Personal Information which has been collected by Tonara. You may also request that Tonara delete all of your child’s Personal Information and/or that Tonara refrain from collecting any further Personal Information from your child. Please include adequate details concerning any such request.
- Links to Other Websites. The Apps and Website may contain links to third party websites that are not owned or controlled by us. We are not responsible for the privacy practices or the content of such other third party websites, and you visit them at your own risk.
- Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security, you can contact us at firstname.lastname@example.org. Please be aware that while using the Apps you may store certain Personal Information on your device (even if we do not collect that information). You are solely responsible for maintaining the security of your device from unauthorized access.
- Merger, Sale or Bankruptcy. If we are acquired by or merged with a third party entity, or if we are subject to a bankruptcy or any comparable event, we reserve the right to transfer or assign Personal Information in connection therewith.
- California Privacy Rights. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com. Please note that we are only required to respond to one request per customer each year.
- Our California Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Services.
Last updated: February 25, 2016
Tonara™ Direct Notice to Parents
Tonara is committed to protecting the privacy of children who use our services. Please read below for information about Tonara’s privacy practices with respect to children under the age of 13.
Who operates the App?
The App is made available on the Apple App Store by Tonara, a private technology company that develops mobile applications which make interactive sheet music to users of such applications.
How does Tonara get consent from parents regarding collection of their children’s Personal Information?
If a user has indicated via the App that he or she is under the age of 13, then in order for such child to subscribe to the App, a parent must complete the subscription process by: (a) reviewing this COPPA Notice; and (b) submitting the parent’s account information via the Apple App Store in order to pay the fees required to subscribe to the App.
A parent’s affirmative consent to this COPPA Notice during the registration process means that such parent consents to the collection, use and disclosure of the Personal Information of his or her child in accordance with this COPPA Notice. A parent may elect not to consent to such collection, use and disclosure of Personal Information and still subscribe the child to the App by clicking “Continue” (instead of “I agree”) below, but Tonara will not collect Personal Information from the child in such case, except as specifically set out below. In addition, users who have indicated that they are under the age of 13 may use the App on a limited trial basis without subscribing at all (and without parental consent).
Please note that because the types of Personal Information described below are necessary to provide certain functionalities of the App, such functionalities may be entirely or partially unavailable where: (a) a user has not subscribed to the App; (b) a parent has declined to consent to this COPPA Notice; or (c) a parent has requested that Tonara delete all of his or her child’s Personal Information and/or that Tonara refrain from collecting any further Personal Information, as described herein.
What information does Tonara collect from children under 13?
Tonara does not knowingly collect Personal Information from users who have indicated that they are under the age of 13, unless it has obtained parental consent to this COPPA Notice (except in accordance with COPPA, in the manners specifically described below). Without a parent’s consent, a child may provide only anonymous information such as a username and password that the child can use to log into the App.
If a parent of a child under the age of 13 has consented to this COPPA Notice and purchased a subscription for such child via the Apple App Store (such child, a “Subscribed User”), Tonara may collect the following Personal Information from such child:
- Recordings of the child’s musical performances, which may include voice performances (“Recordings”);
- A child’s email address;
- Information about the child’s use of sheet music (such as how long the child played a score).
Tonara may collect limited information from users’ iPads in order to provide the App and related services. Such information may include the 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 gather aggregate statistics, but under no circumstances will Personal Information be used for such purposes or combined with any such information.
Please note that the “Contact Us” feature on the App allows App users of any age (whether they are Subscribed Users or unsubscribed users) to contact Tonara and provide contact information, such as an email address, as well as other Personal Information that a user may choose to provide. If Tonara discovers that it has received a “Contact Us” request from a child under the age of 13, we may respond to the child using the email address provided, even if such child’s parent has not consented to this COPPA Notice. However, if the parent has not provided consent, we will delete the child’s contact information (and any other Personal Information) from our records after we respond.
Does the App allow children to make their Personal Information publicly available?
The App does not allow children to make their Personal Information publicly available, such as through social networking sites. However, the App contains a feature that allows Subscribed Users of any age to access from within the App their existing email account with popular email programs (such as Gmail) and send Recordings via an email sent from such programs. Subscribed Users may send emails to anyone they choose and include a message. Such messages may contain the Subscribed User’s Personal Information if the Subscribed User elects to include such information.
How does Tonara use the Personal Information it collects from children under 13?
Tonara uses such Personal Information solely for internal operating purposes, including to make the features and functionality of the App available, to respond to “Contact Us” requests as described above, and for record-keeping purposes.
How and to whom does Tonara disclose Personal Information it collects from children under 13?
Can a parent review, change or delete Personal Information about his or her child which Tonara has collected via the App?
At any time, a parent can obtain the details of his or her child’s Personal Information which has been collected by Tonara via the App by contacting Tonara at:
Address: Kaplan 2, Tel-Aviv, Israel
A parent can also use such contact information to request that Tonara delete all of his or her child’s Personal Information and/or that Tonara refrain from collecting any further Personal Information.
Tonara is committed to protecting the privacy of all of our users. If you have any comments or questions regarding this COPPA Notice or about our general privacy practices, please contact us at firstname.lastname@example.org
Last updated: February 25, 2016