JoyTunes.com Website Content
The Web site linking to these terms ("Site") was developed by JoyTunes Ltd. By using or contributing to the Site and/or downloading materials from the Site, you, the user, agree to the terms and conditions set forth in this document (the "Terms of Use"). If you do not agree to be bound by these Terms of Use, please promptly exit the Site. JoyTunes reserves the right to modify the Terms of Use in its discretion at any time. Such modifications will be effective when posted.
JoyTunes offers a subscription-based service (the “Service”), which provides users with access to interactive digital versions of music melodies and lessons through our downloadable application (the “App”).
1. Site Content. Throughout the Site you may access images, information, documents, software, data, models and services. Some of these Materials are governed by their own specific terms of use and copyrights. In the absence of specific terms of use, these Terms of Use shall apply. The burden of determining that use of any Materials on or linked to a Site is permissible, rests with the user.
2. Permitted Use. The user is granted the right to use the Site for non-commercial, non-profit research, or educational purposes only, without any fee or cost. In the event you breach these Terms of Use or any Material-specific terms or you infringe any copyrights, JoyTunes may suspend or immediately terminate your access to the Site and the Materials and pursue any and all legal and equitable remedies available to it, although JoyTunes is under no legal obligation to do so.
3. Prohibited Uses. The following categories of use are inappropriate and prohibited:
Use that is unlawful, harassing or threatening, libelous, defamatory, obscene, pornographic, or that would violate any law or the rights of others, including without limitation, copyright laws.
Use that impedes, interferes with, impairs, damages or otherwise causes harm to the activities of others, this Site, the Materials or other JoyTunes systems, including but not limited to, spamming, attempts to defeat system security, unauthorized access or use, distribution of computer viruses, and modification or removal of data.
4. Support. Unless otherwise agreed, JoyTunes is not obligated to provide, and will not provide, support, consulting, training, or assistance of any kind whatsoever with regard to the use of the content, operation and/or performance of this Site.
5. Links. The Site contains links to other Web sites that do not belong to JoyTunes ("third-party sites"). Any third-party site is outside the domain of and is not under the control of JoyTunes. JoyTunes is providing the link only as a convenience. JoyTunes is not responsible for the content or use of any third-party site or any linked site contained within the third-party site, or any changes or updates thereto. No sponsorship, approval or endorsement of any product, service or information provided by the third-party site, the content of the site, or the site itself is intended or implied by JoyTunes. It should be noted, that JoyTunes is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. JoyTunes might refer users to look for complimentary products at Amazon, when relevant.
6. Disclaimer/Limitation of Liability. THE CONTENT ON THE SITE, INCLUDING THE MATERIALS, IS PROVIDED BY JOYTUNES "AS IS." JOYTUNES EXPRESSLY DISCLAIMS THE APPLICABILITY OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA), AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL JOYTUNES BE LIABLE FOR ANY DAMAGES OF ANY NATURE SUFFERED BY YOU, ANY USER, OR ANY THIRD PARTY RESULTING IN WHOLE OR IN PART FROM JOYTUNES’S EXERCISE OF ITS RIGHTS UNDER THESE TERMS OF USE. IN NO EVENT SHALL JOYTUNES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, CLAIMS ASSOCIATED WITH THE LOSS OF DATA OR PROFITS, THAT ARISE OUT OF OR IN CONNECTION WITH THE ACCESS, USE, CONTENT, PERFORMANCE OF OR RELIANCE ON THE SITE, ANY LINKED SITE, ANY LINKS CONTAINED IN ANY LINKED SITE, OR THE MATERIALS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
7. Indemnification. You agree to indemnify and hold JoyTunes, its employees, officers, trustees and affiliates, harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms or your use of the Site, and to fully cooperate in JoyTunes' defense against any such claims.
JoyTunes "Recorder Master" game EULA
This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold.
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the JoyTunes Ltd (herein referred to as the "COMPANY") with regard to the copyrighted Software Recorder Master (herein referred to as "SOFTWARE PRODUCT" or "SOFTWARE") provided with this EULA. The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. Use of any software and related documentation ("Software") provided to you by the COMPANY in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, the COMPANY is unwilling to license the SOFTWARE PRODUCT to you.
1.Eligible Licensees. This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
2.License Grant. The COMPANY grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as necessary to use it on a single computer. You agree that you may not copy the written materials accompanying the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may not transfer this Software.
3.Copyright. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of the COMPANY and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by the COMPANY or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
4.Reverse Engineering. You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to the COMPANY.
5.Disclaimer of Warranty. The Software is provided "AS IS" without warranty of any kind. The COMPANY and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither the COMPANY nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. The COMPANY IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
6.Internet-based Services. End user hereby declares he is aware of phone and internet limitations and problems, and dismiss all charges, complains and requests from the COMPANY, its employees, owners, and associated partners due to any cause while or due to using the Software, and as a result of any information not sent, received or communicated improperly.
7.Privacy Policy. The end user agrees that the COMPANY and its affiliates may collect and use technical information gathered as part of the product support services provided to the user, if any, related to the Software. The COMPANY may use this information solely to improve our products or to provide customized support to the user and will not disclose this information in a form that personally identifies the user in any way.
8.Information Security. The COMPANY uses various advanced measures to ensure the safety of user information. However, internet communication could be intercepted and the company servers could be illegally breached. The end user will not to hold the COMPANY or its partners responsible for any damages resulting from personal information theft.
9.Limitation of Liability. The COMPANY's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall the COMPANY or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if the COMPANY or its supplier has been advised of the possibility of such damages, or any claim by a third party.
10.Rental. You may not loan, rent, or lease the SOFTWARE.
11.Upgrades. If the SOFTWARE is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer. As part of our ongoing support, the Software may identify the need for an upgrade, and install it according to eligibility.
12.Product Support. Product support for the SOFTWARE PRODUCT is provided by the COMPANY as explained in the documentation.
13.Refund. In an event of technical problems or software malfunctions reported within 7 days from Software delivery, the end user is entitled to a refund of the amount paid minus any hardware or delivery costs, if such exist.
14.No Liability for Consequential Damages. In no event shall the COMPANY or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this product, even if the COMPANY has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
15.Indemnification By You. If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend the COMPANY and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this Agreement.
16.Termination. Without prejudice to any other rights, the COMPANY may terminate this EULA if you fail to comply with the terms and conditions of this EULA. There are technological measures in this software that are designed to prevent unlicensed use of the software. The COMPANY and its partners may prohibit the usage of the software without prior notice.
JoyTunes Ltd.info@joytunes.com