SoundGym, Inc. 58a, Bikurim, Haifa, IL (`ToneGym`, "company", `we`, `our` or `us`), provides access to the ToneGym platform.
ToneGym is an application that is available as a service online at www.tonegym.co
("Website"). ToneGym allows users to train their ears, communicate and learn music theory online (together shall be referred as "ToneGym"). Each of ToneGym' users ("User" or "you") is invited to enjoy ToneGym in accordance with the terms and conditions hereunder.
1. Acceptance of the terms
(collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your conduct on ToneGym. IF YOU DO NOT AGREE TO THE TERMS, DO NOT CONNECT TO, ACCESS OR USE ToneGym
The Terms may be revised and updated from time to time, with or without any notice. The Company shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. The Company urges you to check the Last Revised date which appears at the top of the Terms.
By connecting to, accessing or using ToneGym, you acknowledge that the Terms constitute a binding and enforceable legal contract between the Company and any person connecting to, accessing or using ToneGym.
2. What is ToneGym?
ToneGym is an educational platform and social network that uses gamification and social support to encourage ear training and learning. ToneGym provides personalized training and learning experience based on members' activity and achievements.
Please note: ToneGym, in combination with an amplifier, headphones, and/or speakers, may be capable of producing sound levels that could cause full or partial hearing loss and/or damage other audio equipment such as speakers. Take all necessary precautions to protect your hearing when using this or any other audio device by ensuring that the maximum output volume of your monitoring system is kept to a safe level well below the threshold of damage. If you encounter any hearing loss or ringing in the ears, you should consult an audiologist.
3. Connecting to ToneGym
To become a registered User on ToneGym, you may either have an active Facebook account or open a registered ToneGym account directly on the Website.
If you use a Facebook account than on your first connection with ToneGym you will see a "Request for Permission" to which you will have to consent by clicking the "Allow" button. From now on you are registered to ToneGym. Welcome!
We may use your email for updates and tips on ToneGym's products and services, and for activities notifications. You can unsubscribe at any time in your account settings, or by using the links at the bottom of our emails. Please note that even if you opt out, we`ll still send you account-related emails, such as purchase confirmation and password reset emails.
You must provide the Company only with true, accurate and complete information. Otherwise, we will not be able to provide you with the services on ToneGym and to contact you when necessary.
You will be able to edit or delete your personal account information at any point. Note that part of the information included in your account may be public and therefore visible to others. Therefore, to protect your privacy, please avoid disclosing any personally identifiable information.
Basic registration for ToneGym is free of charge. However, we may decide to charge registration fees or to convert a certain free of charge service to a fee-based service on ToneGym in the future. To unlock full access to all ToneGym features you will have to purchase a Pro subscription or a lifetime access to ToneGym.
4. Pro membership & Payment policy
4.1 Pro membership is a subscription fee-based program, which gives access to all ToneGym features. You can become a Pro member by purchasing a pro subscription from the Website. ToneGym offers monthly, annual and lifetime subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days, a year constitutes 365 calendar. For the purposes of our lifetime subscription, lifetime constitutes 100 years or until the date, ToneGym ceases to commercially offer the Products.
4.2 Our `Monthly` subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that ToneGym is authorized to charge the same credit card as was used for the initial subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled You must cancel your subscription before it renews each month in order to avoid billing of the next month`s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
4.3 Our `Yearly` subscription is paid for by an upfront one-off payment with automatic annual renewal. You acknowledge and agree that ToneGym is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
4.4 Our `Lifetime` subscription is paid for by a one-off upfront payment. You may not assign lifetime subscription plans to any other person. ToneGym makes no warranties or representations as to the expected lifetime of the ToneGym services, and in purchasing a lifetime plan, you acknowledge and agree that the ToneGym services could change or terminate in the future.
4.5 You may cancel automatic renewals of your subscription at any time in your PayPal account or by contacting us using our Support page.
5. Cancellation of services
5.1 You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by visiting your Paypal account or contacting us using our Support page.
5.2 You may cancel our Yearly and Lifetime subscription plans within the 30-day money back guarantee offer, which entitles you to cancel your subscription and have the full cost refunded to you up to 30 calendar days from your first date of payment, by contacting us using our Support page.
You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscription.
5.3 You can delete your free account in your account settings. Deleting your account will permanently lose all game history, personal settings, and the remaining portion of any subscription. You can only delete a free account. Pro accounts cannot be deleted. However, you can cancel auto-renewal and wait for your subscription to end, or you may request immediate account deletion by emailing us.
6. Community Guidelines
We want ToneGym to be a community where everyone feels respected.
You are responsible for all activity associated with your account, including all content that you post. Anyone uploading another person`s content without the necessary permissions is liable to have that content removed or their account terminated.
ToneGym is an open community, made up of people with differing views, opinions, and cultural backgrounds. We support freedom of speech and the fundamental right for individuals to express themselves and expect everyone else to do the same.
6.3 Don't Spam
The following activity is not permitted: Posting unsolicited links to commercial spam i.e. profiles or content whose sole aim is to drive traffic to external websites, via messages, comments, profile and track descriptions or artwork, creating multiple accounts.
6.4 Talk Music
ToneGym community is all about music education. Everything music related is welcome. Please avoid off-topic conversations, and politics. There are other places for that.
6.5 Forbidden Content
There are certain types of content that have no place on ToneGym. In order to protect the community and maintain positivity, please don`t post:
a. Pornography: Don`t post any content that is predominantly sexual in nature, or that could be perceived as an aid to sexual gratification. This includes, but is not limited to, images containing nudity.
b. Hate speech: We will not tolerate content that promotes or encourages hatred, discrimination or violence against others based on things like race, cultural identity or ethnic background, religious beliefs, disability, gender identity, or sexual orientation.
We actively moderate the service and ban users who violate these rules. We reserve the right to suspend accounts or remove content for violating these guidelines or for any reason, but particularly to protect our users and community.
6.6 Space Administrators
ToneGym members can open public or private space. Any new Space requires approval, and only music-related spaces will be approved.
Space administrators are responsible for keeping their spaces friendly and positive. Space admins can set the space rules, title, and description. Space admins have the right to add members, ban a member from space and delete posts that are not in line with ToneGym (or Space) rules and attitude.
6.7 Closing and Deleting Spaces
Public spaces that will show no activity for more than a month might be deleted. Admins can ask ToneGym to transfer the admin role to another member or to close a space. ToneGym keeps the right not to close a public space.
7. ToneGym virtual currencyThe Service may include an opportunity to earn and purchase virtual, in-game currency (`Tonecoins`) that may require you to pay a fee using real money to obtain the Coins. Tonecoins can never be redeemed for real money.
Your purchase of Tonecoins is final and is not refundable, transferable or exchangeable, except in ToneGym`s sole discretion. You may not purchase, sell, or exchange Tonecoins outside the Service. Doing so is a violation of the Terms and may result in termination of your Service account and/or legal action taken against you. ToneGym retains the right to manage, control, modify and/or eliminate Tonecoins or items you purchase with Tonecoins at its sole discretion. Prices and availability of Tonecoins are subject to change without notice.
8. Challenge contest rules
ToneGym members can participate in challenges, contests, and competitions.
You may signup to ToneGym, participate in the challenge and enter the contest with only one account per person. The email you use to signup must be valid, and you have to have access to this email.
After passing the challenge you will enter the contest. Only users that passed the challenge will enter the contest and have a chance to win the prize. After passing the challenge and enter the contest, you can earn extra entries by complete social activities (such as sharing your achievement on Facebook, or tweet it on twitter)
One winner will be selected at random, within one week of the contest deadline completion. If you are selected as the contest winner we will contact the contest winner`s email address directly to confirm and notify the ToneGym community of winner via our social feed, blog and email newsletter.
In order for us to confirm you as the contest winner, the contest winner must reply via the email address they entered with and agree to the following three requirements within 48 hours of receiving the contest winning notification email:
Upon successful delivery of the contest prize, you must agree to take a picture of yourself with the prize. This is proof that you have received the package. (We reserve the right to use this image in our promotional marketing material, and to promote future ToneGym's contests and challenges to ensure a fair and honest authentication of our winners)
You will have to pay any taxes, duties or Vat according to your country's rules when receiving the prize.
Your full mailing name, mailing address, and any important delivery instructions for where the contest prize is to be shipped. If you agree to the Contest Rules, you will reply to the contest winning notification email with "I agree" and include your mailing address. If we do not receive your confirmation providing all the necessary information within 48 hours we will select another winner.
The challenge and contest prizes are provided by third parties who are responsible for providing and supporting the prize product.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter or Facebook.
10. Use of ToneGym by minors
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of ToneGym. Individuals under the age of 18, or the applicable age of majority, may utilize ToneGym only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms.
11. Usage Restrictions
There are certain conducts which are strictly prohibited on ToneGym. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to ToneGym and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
- Use ToneGym for any illegal, unlawful or unauthorized purposes;
- Allow access to your account to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors;
- Upload, post, transmit, distribute, display or otherwise make available through or in connection with ToneGym any content, including Your Footage and other User Generated Content, which may infringe third party rights, including any Intellectual Property rights and privacy rights, or which may contain any unlawful content;
- Use ToneGym in any form of spam, unsolicited mail or similar conduct;
- Interfere with or violate Users' rights to privacy and other rights, or harvest or collect data and information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access ToneGym and retrieve, index and/or data-mine information;
- Post, publish, or otherwise make available through ToneGym any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- Interfere with or disrupt the operation of ToneGym or the servers or networks that host ToneGym, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
- Impersonate any person or entity or provide false information on ToneGym, whether directly or indirectly;
- Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company or any third party endorses you, your website, your business or any statement you make, or present false or inaccurate information about ToneGym;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our platform infrastructure;
- Bypass any measures we may use to prevent or restrict access to ToneGym;
- Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of ToneGym in any way;
- Create a browser, frame, border environment or GUI around ToneGym.
12. Intellectual Property Rights
ToneGym and the Intellectual Property rights pertaining thereto (other than User Generated Content) including, but not limited to, music, sounds, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs (including the "look and feel" of ToneGym), visual and audio effects, specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international conventions. Orian Simon holds the rights for her songs and compositions that were used within ToneGym.
ToneGym allows you to upload, post, publish and make available through it, your own copyright-protected or copyrightable materials including without limitation links to such copyright-protected or copyrightable materials. As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property.
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material in any way.
13. User Representations and Undertakings
13.1 As a condition for your use of ToneGym, you hereby represent and warrant that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use ToneGym in accordance with these Terms, and to fully perform your obligations hereunder; If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms; The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; and you will not infringe or violate any of the Terms.
13.2 You acknowledge and agree that: Company may remove any User Generated Content and/or discontinue your use of ToneGym in its sole discretion with or without any reason; The Company may integrate commercials and advertisements, whether within or beside ToneGym. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.
14. Trademarks and Trade Names
"ToneGym", Company's logo and all other proprietary identifiers used by the Company in connection with ToneGym ("Company Trademarks") are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on ToneGym belong to their respective owners ("Third Party Marks"). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks.
15. Links to Third Party Websites
The Company may integrate commercials, advertisements and/or sponsored links, whether within or beside ToneGym. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.
ToneGym' availability and functionality depend on various factors, such as communication networks, software, hardware and the Company's services' providers and contractors. The Company does not warrant or guarantee that ToneGym will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
18. Changes to ToneGym
The Company may change ToneGym' layout and design from time to time, and the availability of the content and services included therein, without giving any prior notice on ToneGym. You hereby agree and acknowledge that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
19. Changes and/or Cancellation of user account
If you have registered directly to ToneGym, you may change, edit, correct or delete any and all information included in your personal account, at any time. For the cancellation and removal of your account from ToneGym and on any matters that extend the usual management of your account please contacting us using our Support page.
20. Amendments to the terms
You hereby agree and acknowledge to accept any and to be bound by any of the changes made in the Terms and the accompanying policies. Should you continue to use ToneGym after the changes were made, it will indicate your acceptance to the new Terms. You are recommended to review the Terms from time to time, as they may change every once in a while.
21. Account and Service Termination
At any time, the Company may block your access to ToneGym and/or temporarily or permanently limit, suspend or terminate your personal profile, for any reason, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law. Such actions by the Company may be taken if the Company deems that you have breached any of these Terms in any manner. Additionally, the Company may at any times, at its sole discretion, cease the operation of ToneGym or the Application or any part thereof, temporarily or permanently, without giving any prior notice and without saving any back-up of any of the User's clips or other User Generated Content. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of ToneGym' operation and loss of any data, including User Generated Content, as a result.
22. Disclaimer and Warranties
ToneGym, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT ToneGym WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO ToneGym AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT A NOTICE TO YOU. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF ToneGym, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF ToneGym, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH ToneGym. THE COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY USER GENERATED CONTENT.
ToneGym CAN CAUSE HEARING LOSS. ToneGym CAN NOT BE HELD LIABLE FOR ANY DAMAGE TO YOUR HEARING
ToneGym CAN NOT BE HELD LIABLE FOR DAMAGE OR LOSS OF YOUR HARDWARE, MUSIC EQUIPMENT, DATA, SOFTWARE OR HEALTH. YOU USE THIS SOFTWARE ON YOUR OWN RISK.
23. Limitation of liability
THE USE OF ToneGym IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, HEARING LOSS, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF ToneGym, OR THE USE OR INABILITY TO USE ToneGym, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO FIVE US DOLLARS ($5).
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of ToneGym; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to ToneGym. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
25. Copyright Agent
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company's Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company's Copyright Agent can be reached via using our Support page.
26.1 These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
26.2 Any claim relating to ToneGym or its use thereof will be governed by and interpreted in accordance with the State of New-York, USA without reference to its conflict-of-laws principles.
26.3 Any dispute arising out of or related to your use of ToneGym will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of city of Tel Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
26.4 If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
26.5 No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
26.6 These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
(last Revision: Jul. 8th, 2020)