Terms of Use

You are using Services (as defined below) developed by JoyTunes Ltd. (hereinafter "JoyTunes"). Please read these Terms of Use (hereinafter the "Terms of Use") carefully before using any Services by JoyTunes. By downloading, viewing or using any of our Services you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Services and if you've already begun using Services you are required to cease doing so immediately. In order to participate in certain Services you may be required to download content, software, and/or required to agree to additional terms and conditions.

Please note that you are using the Services at your own responsibility and risk. JoyTunes does not take any responsibility, or provide any warranties, for the outcomes resulting from the use of the Services, nor does it guarantee any result of any kind. JoyTunes shall not be held responsible for any malfunction or damages caused by using Services, downloadable files and/or installation of Services.

Some of the Services are not compatible with the entire variety of mobile devices and computers. You shall be solely responsible for procuring a compatible device if you wish to use some or all of the Services offered by JoyTunes.

THE SERVICES AND ALL MATERIALS CONTAINED IN THEM ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

1. GENERAL TERMS

1.1. Governing Agreement

These Terms of Use govern the relationship between you and JoyTunes regarding your use of the Services.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE. IF YOU ARE A MUSIC TEACHER AND PROVIDE YOUR CONSENT FOR A CHILD'S REGISTRATION WITH THESE SERVICES, YOU AGREE THAT YOU ARE AUTHORIZED TO DO SO, AND THAT YOU ARE IN COMPLIANCE WITH APPLICABLE LAWS IN YOUR COUNTRY.

1.2. Terms of Use and Privacy Policy

By using the Services you agree: (1) to be bound by these Terms of Use and its conditions; (2) to our Privacy Policy which is incorporated here by reference; and (3) to be bound by other policy and legal notices that may be posted on our Site from time to time. If you do not agree either to our Terms of Use or our Privacy Policy please do not use our Services. You are only authorized to use the Services if you agree to abide by and do abide by all applicable laws, these Terms of Use and Privacy Policy.

We require that you review our Privacy Policy and encourage you to raise any relevant questions with us.

1.3. Eligibility for Use Ability to Accept Terms of Use

You affirm that you have read and accepted these Terms of Use and the Privacy Policy, and that you are fully able and competent to enter into and comply with the Terms of Use, conditions, obligations, affirmations, representations, and warranties set forth herein.

1.4. Updates to the Terms of Use and Conflicting Documents

JoyTunes reserves the right, to change and/or modify these Terms of Use from time to time, at its sole discretion. Any such change or modification shall come into effect immediately after posting them to the Site or Services. By continuing to use our Services you accept such changes and modifications in the Terms of Use. These Terms of Use shall be effective as of January 20, 2014.

If as a result of changes or modifications made in the Terms of Use or the Privacy Policy you are no longer agreeing to either one of them, you must immediately stop using our Services.

To the extent that these Terms of Use conflict with the Privacy Policy or any other JoyTunes Terms of Use or policies, these Terms of Use shall govern.

1.5. Ownership

The Services (including without limitation any content, games, melodies, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, and moral rights) are copyrighted works owned by JoyTunes and its third-party licensors or providers, unless expressly indicated otherwise. JoyTunes reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.

YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, SLOGANS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR OTHER PROPRIETARY RIGHTS IN THE SITE OR CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY.

2. The Services

2.1. Definition of Services

JoyTunes provides fun and friendly music learning and practice tools. Services include: (a) mobile applications: Piano Mania (Piano Maestro), Recorder Master, Recorder Express, Piano Dust Buster, Piano Summer Games and any other existing application or that shall be developed and/or offered by JoyTunes in the future; (b) JoyTunes.com website (hereinafter: the "Site"), and; (c) other features, content, applications and functionality of any kind that are currently offered or that shall be offered by JoyTunes in the future (hereinafter: the "Services").

2.2. Authorization to Use the Services

Subject to your agreement and continuing compliance with these Terms of Use and Privacy Policy, you may use JoyTunes Services for your own purposes.

Unless expressly stated otherwise, nothing in these Terms of Use shall be deemed as providing you a commercial license of any kind with respect to the Services. No right or license is granted to distribute, publicly perform or prepare derivative works of any content accessed through the Services.

2.3. Use of the Services

You are using the Services at your own responsibility and risk. JoyTunes does not take any responsibility, or provide any warranties, for the outcomes resulting from the use of the Services, nor does it guarantee any result of any kind. JoyTunes shall not be held responsible for any malfunction or damages caused by using Services, downloadable files and/or installation of Services.

Some of the Services are not compatible with the entire variety of mobile devices and computers. You shall be solely responsible for procuring a compatible device if you wish to use some or all of the Services offered by JoyTunes.

Use of Services is subject to the following restrictions:

  • You shall not use the Services without the express consent of a parent or a legal guardian if you are under the age of 18;
  • If you are under 13 you are forbidden to disclose any personal information without appropriate parental or legal guardian approval;
  • You accept full responsibility for any unauthorized use of the Services by minors in connection with your account;
  • You are responsible for any use of your credit card or other payment instrument;
  • You shall not have an account or use any of the Services if you have previously been removed by JoyTunes or previously been banned from accessing Services;
  • Unless otherwise stated, you shall use your account only for your private non-commercial purposes;
  • You shall not use your account to engage in any illegal conduct.

2.3.1 Music Teachers Use of Services

In case you are employed or self employed as a Music Teacher we encourage you to incorporate the use of our Services during lessons, extra curriculum, bonus assignments and any other strictly educational purpose in the course of your teachings. You may not, however, charge additional fees for incorporating Services into your teachings. For the avoidance of doubt and in accordance with the aforesaid, JoyTunes does not guarantee and does not take any responsibility for outcomes of using the Services.

2.3.2 Restricted Access Features

Some Services may include areas which are restricted to adults over the age of 18 and are intended solely for the Parents and/or Music Teachers of minors and adult users using our Services (hereinafter: "Restricted Areas"). Restricted Areas are generally called "Parents/Teachers Zone", but may also be called by a different, yet clear, name which shall identify it as a Restricted Area in each of the Services. Restricted Areas may contain links to placing payments and may include permissions to share personal information with other persons (i.e. students sharing assignments with their Music Teacher).

If you are under the age of 18 you are not permitted to place payments without parental or legal guardian consent.

Parents are required to protect their payment information and JoyTunes shall not be held responsible for any unauthorized payment.

2.4. Payment for Services

Some Services can be accessed FREE of charge, additional Services may require payment. In order to place payments you will be redirected to the Apple iTunes Store, PayPal or a similar trusted payment solution (hereinafter: "Payment Solution"). All payments shall be placed using Payment Solution, thus payment information is not collected and/or saved by JoyTunes.

You are solely responsible for securing your payment information. JoyTunes shall not be held responsible for any theft, unauthorized use and damages of any kind occurring in relation with placing payments to use Services.

JoyTunes may at its sole discretion, from time to time, cancel or add Services offered for free, increase or decrease the amounts required for paid Services, request payment for Services that had previously been offered for free and introduce new Services either free of charge or paid ones.

2.5. THIRD PARTY CONTENT

Services might offer hyperlinks to third party sites and may display content and other information from third party sites (Hereinafter: "Third Party Content"). As a general rule, JoyTunes allows only child-safe, education/music oriented Third Party Content to be promoted via the Services. That being said, JoyTunes does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of Third Party Content. JoyTunes shall not be responsible for any damages, errors, omissions or for the results obtained from the use of such Third Party Content.

3. USER ACCOUNT

3.1. Account Information

When creating or updating an account, you may be asked to provide JoyTunes with certain personal information to improve your overall experience and personalize your progress. This information will be held and used with utmost care in accordance with the Privacy Policy. You agree that you will supply accurate and complete information to JoyTunes and that you will update that information promptly after it changes.

3.2. Username and Password

During the account creation process, you may be asked to select a password ("Login Information"). The following rules govern the security of your Login Information:

  • You shall not share the account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your account;
  • In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify JoyTunes at info@joytunes.com and modify your Login Information;
  • You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information;
  • You are responsible for anything that happens through your account.

JoyTunes reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.

3.3. Account Limitations

Any use of the Services in violation of these Limitations is strictly prohibited, can result in the immediate revocation of authorization to use the Services, and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:

  • Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive;
  • Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
  • Without JoyTunes' express written consent, use the Services or any part thereof for any commercial purpose;
  • Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms of Use;
  • Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by JoyTunes; or
  • Copy, modify or distribute rights or content from any Services or JoyTunes' copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms of Use.

3.4. Suspension and Termination of Account and Services

Without limiting any other remedies, JoyTunes may limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof if you are, or if JoyTunes suspects that you are, failing to comply with any of these Terms of Use or for any actual or suspected illegal or improper use of the Services, with or without notice to you.

Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.

3.5. Account Ownership

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of JoyTunes.

4. USER Information

In our ongoing efforts to improve the Services, your information and the contents of all of your online communications (including without limitation, IP addresses and your personal information) may be accessed as necessary to provide the Service, disclosed to data processors who act on our part. In rare or extreme scenarios, this information may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that our Services are being used in the commission of a crime, including to report such criminal activity; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of JoyTunes, including to enforce these Terms of Use; (vi) upon a merger, acquisition or any other change of control event.

By entering into these Terms of Use you hereby provide your irrevocable consent to such monitoring, access and disclosure.

5. UPDATES TO THE SERVICE

JoyTunes may require that you accept updates to the Services and to JoyTunes content you have installed on your device. You acknowledge and agree that JoyTunes may update the Service with or without notifying you.

6. DISCLAIMERS AND LIMITATIONS OF LIABILITY

6.1. DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL MATERIALS CONTAINED IN THEM ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

JoyTunes is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Services or with respect to the information and material contained in these Services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOYTUNES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED IN THE SERVICES WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY JOYTUNES OR ANY THIRD PARTY.

Notwithstanding the foregoing, in no event shall JoyTunes' liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any.

6.2. Indemnification

You agree to indemnify, defend and hold harmless, JoyTunes, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. JoyTunes reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with JoyTunes in asserting any available defenses.

You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Service.

7. DISPUTE RESOLUTION

We strongly encourage you to contact us directly before resorting to litigation. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

These Terms of Use and the relationship between you and JoyTunes shall be governed by the laws of the State of Israel without regard to its conflict of law provisions. You agree to submit claims and disputes to the exclusive jurisdiction of the competent court in the Tel Aviv, Israel. You hereby waive any and all jurisdictional and venue defenses otherwise available.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

8. SEVERABILITY

In the event that any portion of these Terms of Use is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions, which shall continue to be in full force and effect.

9. GENERAL PROVISIONS

9.1. Assignment

You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without JoyTunes' prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

9.2. Entire Agreement

These Terms of Use contain the entire understanding of you and JoyTunes and supersede all prior understandings, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.

9.3. Notices

We may notify you via e-mail or by posting on the Site.

All notices given by you or required from you under these Terms of Use shall be in writing and addressed to: info@joytunes.com. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.



JoyTunes Ltd.
info@joytunes.com