Terms & Conditions / End User License Agreement

 

Last Modified: 16 December 2015

This Terms & Conditions / End User License Agreement  ("Agreement") is a binding agreement between you ("End User" or "you") and Ongaku Learning SA ("Company" or “we”). By using the Company website myongaku.com (“Website”) and/or downloading the MyOngaku mobile application (the “App”) including the content made available via either (the “Properties”), you agree that you have read and understood this Agreement and agree to be bound by it and by Company’s Privacy Policy, which forms part of this Agreement.  We may modify this Agreement at any time by posting a revised Agreement on the Website; such changes shall be effective upon posting. Your continued use of the Properties after we make changes is deemed to be acceptance of those changes, so please check this Agreement periodically for updates.

 

BY INSTALLING, DOWNLOADING OR USING THE PROPERTIES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE PROPERTIES AND, IF ALREADY INSTALLED, DELETE THE APP FROM YOUR MOBILE DEVICE.

 

1. Scope of License. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to:

 

(a) Access and use the Website for your personal, non-commercial use;

 

(b) Download, install and use the Properties for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device"); and

 

(c) Access, stream, download and use on such Mobile Device the content and services made available in or otherwise accessible through the Properties.

 

2. License Restrictions. You agree not to:

 

(a) Use the Properties on any device that you do not own or control or distribute or make the Properties available over a network where it could be used by multiple devices at the same time;

 

(b) Copy the Properties or any portion thereof;

 

(c) Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Properties;

 

(d) Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Properties or any part thereof;

 

(e) Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Properties, including any copy thereof; or

 

(f) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Properties or any content, features or functionality of the Properties, to any third party for any reason, including by making the App available on a network where the App may be capable of being accessed by more than one device at any time; or remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Properties.

 

(g) If you breach any of the License Restrictions, you may be subject to prosecution and damages.

 

3. Reservation of Rights. You acknowledge and agree that the Properties are provided under license, and not sold, to you. You do not acquire any ownership interest in the Properties under this Agreement, or any other rights thereto other than to use the Properties in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserves and shall retain their entire right, title and interest in and to the Properties, including all copyrights, trademarks and other intellectual property rights therein or relating thereto.

 

4. International Suzuki Association.

 

(a) This work (i.e., the Properties) represents the view of its author, the Company, and does not necessarily represent the view of the International Suzuki Association (the “ISA”) or its regional associations. These materials, the Properties, are not intended to replace authorized Suzuki® Method teacher training or study with a qualified Suzuki teacher. Musical notations from Suzuki Violin School © 1978, 2008, ISA. All Rights Reserved. The Suzuki® name is a trademark of ISA used under license.

 

(b) The End User acknowledges and agrees that the Company is solely responsible for the content of the Properties and that the ISA has no responsibility or liability whatsoever for any aspect of the Properties.

 

(c) The End User further acknowledges and agrees that any claims for maintenance and support, for breach of warranty, or any other claim arising out of this Agreement shall be made exclusively against the Company and not against the ISA. 

 

5. Collection and Use of Your Information. You acknowledge that when you download, install or use the Properties, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device or computer and about your use of the Properties (for more information about our use of cookies and web beacons, please see our Privacy Policy). You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Properties or certain of its features or functionality, and the Properties may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Properties is subject to our Privacy Policy. By downloading, installing, using and providing information to or through the Properties, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

 

6. Feedback. Company welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Properties (“Feedback”). You may submit Feedback through the “Contact Us” section of the Website here. By choosing to provide Company with Feedback, you acknowledge and agree that Feedback is not confidential and you hereby grant to Company a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback, together with your name and/or likeness, as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Feedback brought against Company. Company shall have no obligations concerning the Feedback, including no obligation to review the Feedback, return any materials, or acknowledge receipt of the Feedback. Company shall be free to use Feedback on an unrestricted basis, without any compensation to you or any other person or party.

 

7. Intellectual Property Infringement. Company is solely responsible for the investigation, defense and conduct of any claims of infringing on any intellectual property. You may report a possible infringement of copyrights, trademarks, or other intellectual property by contacting Company’s designated agent at:

 

Law Office of Deanne M Tully

1001 Bayhill Drive, 2nd Floor

San Bruno, CA  94066

United States

Attn: Deanne M Tully

Phone: +1 (808) 325-7000

 

You may also contact Company here. In compliance with the federal law of the United States, please include the following in your letter or email: (a) identification of infringing and infringed materials; (b) your contact information; (c) statement of your good faith belief in the existence of the infringement; (d) a statement indicating the accuracy of the complaint and your authority to submit it; and (e) your physical or electronic signature. For additional information regarding the enforcement of copyrights, you may review the U.S. Digital Millennium Copyright Act codified at 17 U.S.C. § 512.

 

8. Updates. Company may from time to time in its sole discretion develop and provide updates to the App, which may include upgrades, bug fixes, patches and other error corrections and/or new content and/or new features (collectively, including related documentation, "Updates"). Company is solely responsible for such Updates. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

 

(a) The App will automatically download and install all available Updates; or

 

(b) You may receive notice of or be prompted to download and install available Updates.

 

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Properties and be subject to all terms and conditions of this Agreement.

 

9. Third-Party Materials. The Properties may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

 

10. Term and Termination. 

 

(a) The term of this Agreement commences when you download the App/acknowledge your acceptance of this Agreement and/or first use the Website, and will continue in effect until terminated by you or Company as set forth in this Section 10.

 

(b) You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device.

 

(c) Company may terminate this Agreement at any time without notice if it ceases to support the App, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms, conditions or restrictions set forth in this Agreement.

 

(d) Upon termination: (i) All rights granted to you under this Agreement will also terminate; and (ii) You must cease all use of the App and delete all copies of the App from your Mobile Device and account.

 

(e) Termination will not limit any of Company's rights or remedies at law or in equity.

 

11. Data Fees. Data, messaging, or other ISP and carrier fees may apply in your use of the Properties.

 

12. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE PROPERTIES IS AT YOUR SOLE RISK AND THAT THE SATISFACTORY QUALITY, PERFORMANCE ACCURACY AND EFFORT IS WITH YOU. THE PROPERTIES ARE PROVIDED TO YOU "AS IS" AND – AS SUCH – ANY AND ALL FAULTS AND DEFECTS ARE WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS (INCLUDING BUT NOT LIMITED TO THE INTERNATIONAL SUZUKI ASSOCIATION) AND SERVICE PROVIDERS (INCLUDING BUT NOT LIMITED TO APPLE, INC.), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PROPERTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PROPERTIES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. 

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ANY OF ITS LICENSORS (INCLUDING BUT NOT LIMITED TO THE INTERNATIONAL SUZUKI ASSOCIATION) OR SERVICE PROVIDERS (INCLUDING BUT NOT LIMITED TO APPLE, INC.), HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PROPERTIES FOR:

 

(A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES.

 

(B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.

 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

14. Indemnification. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Properties or your breach of this Agreement.

 

15. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

 

16. Interpretation. The section and subject headings in this Agreement are included for reference only and shall not be used to interpret any provisions of this Agreement. This Agreement shall not be construed against Company on the grounds that Company conducted or arranged for the drafting of the Terms.

 

17. Governing Law. Swiss law shall apply exclusively to this Agreement and any disputes arising under or in connection with the relationship between Company and End User, excluding the rules of conflict of laws and the provisions of the UN Convention on Contracts for the International Sale of Goods.

 

18. Entire Agreement. This Agreement and the Privacy Policy constitute the entire agreement between you and Company with respect to the Properties and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Properties.

 

19. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

20. Apple, Inc. (“Apple”). 

(a) End User acknowledges that this Agreement is solely between End User and Company and that Company is solely responsible for the content of the App.

(b) You understand that Apple has no obligation to furnish any maintenance or support services with respect to the App.

(c) You understand that Apple is not responsible for addressing any claims you may have regarding the App.

(d) You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple shall have all rights as such third party beneficiaries.

(e) Apple®, the Apple logo, iPad®, and iPhone® are registered trademarks of Apple, Inc., registered in the United States and other countries.  App Store is a service mark of Apple Inc.

21. Legal Compliance. End User represents and warrants that:

(a) You are not located in a country that is subject to a United States Government Embargo or that has been designated by the Unites States Government as a “terrorist supporting” country; and

(b) You are not listed on any United States Government list of prohibited or restricted parties.

22. Developer’s Name and Address.

 

Ongaku Learning SA

Case postale

1166 Perroy

Switzerland

Phone: +41 (0)21 565 72 43

Email: contact@myongaku.com

 

 

 

   

MyOngaku is a video practice app for Suzuki® Method violin students, their parents and teachers, designed by instrumental teachers, performers and music enthusiasts to help support the music learning process.  

PRIVACY POLICY

MyOngaku and the MyOngaku "MyO" and app icons are trademarks of Ongaku Learning SA. 

© 2015-2017 Ongaku Learning SA. All rights reserved.

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