Terms of Use

METRONOMEONLINE.COM/EMUSICINSTITUTE.COM TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

This Agreement contains all of the terms and conditions between eMusicInstitute, Inc. ("MetronomeOnline.com" & " eMusicInstitute.com") and you ("User") and governs the use of the services offered at the MetronomeOnline.com/eMusicInstitute.com Web site (the "Site"). By using any resources or information on the Site, User agrees that (I) User has read this Agreement and understands all of its contents and (II) User accepts all the terms and conditions in the Agreement. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of this User Agreement. If you do not agree with all of the following terms and conditions, please do not use this Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on September 15, 2008.

TERMS AND CONDITIONS

MetronomeOnline.com and eMusicInstitute.com offers copyrighted cell phone version of a metronome. The metronome is intended only for music practicing purposes and for NO other purpose. The metronome accuracy is limited to the mobile/cell phone MIDI timing and processing and is therefore prone to inaccuracies. In our testing, the metronome intervals are even. The timing can be slightly faster or slower than the selected speed, based on the phone make and model. Application is built in J2ME and therefore requires a compatible phone. Verizon Wireless phones are currenty NOT supported since their network does not allow J2ME applications.

Online Transactions

Once User has accepted the terms of the advice or service and payment has been made to MetronomeOnline.com and eMusicInstitute.com, there is a binding contract implicit between the User and MetronomeOnline.com and eMusicInstitute.com. MetronomeOnline.com and eMusicInstitute.com reserves the right to suspend privileges to any User not adhering to the policies of the Site.

Eligibility

You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the services offered on this Site in accordance with all terms and conditions herein. Our services are available only to individuals who can enter into legally binding contracts under the law. Without limiting the foregoing, our services are not available to minors. User hereby agrees to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account to access MetronomeOnline.com and eMusicInstitute.com. User should always supervise User's children's use of the Internet. For information about commercial products to assist User in filtering material on the Internet that User finds harmful, please see http://www.worldvillage.com/wv/school/html/control.htm or other sites with information on filtering products. In addition, if User resides in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, User may not use this Site.

Refund and Cancellation Policy

There are no refunds issued for the cell phone metronome. Once payment is accepted and the application is downloaded the User gains full and permanent access to the application. Due to the nature of material, we are not able to offer any refunds. We encourage you to try the free trial of our software to ensure it works as desired on your cell phone prior to purchase.

Licensed download is PER PHONE and there is a 30-day limit to download the application. If a new phone is purchased, a new license and new download are required.

Security

Comodo SSL Certificate is used to provide secure credit card processing on our Website. The certificate features the highest 256-bit secure processing of confidential information. We do not keep your credit card information on file, so your information is completely safe. The store payment page contains the Comodo site seal as well, which can verify our Website organization and security.

All credit card transactions on this web site are processed by PayPal Pro, the industry leader in providing reliable real-time eCommerce services. PayPal Pro securely manages all customer data in accordance with consumer data protection laws enacted worldwide, including data handling, storage, and security.

Thawte Code Certificate is used to sign our cell phone metronome application. That means that you can verify the identity of of organization when installing your application, ensuring the authenticity and security of the software, If this certificate does no work, you have the option to install the Non-Certified version of our software. In case you opt to do so, please be sure to only follow links directly to our site, as the authenticity of such software cannot be guaranteed.

User Account and Password

User is entirely responsible for maintaining the confidentiality of any password and account provided by MetronomeOnline.com and eMusicInstitute.com for accessing the Site, and is fully responsible for all activities that occur under User's password or account. User agrees to immediately notify MetronomeOnline.com and eMusicInstitute.com of any unauthorized use of User's password or account or any other breach of security. MetronomeOnline.com and eMusicInstitute.com will not be liable for any loss that you may incur as a result of someone else using User's password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MetronomeOnline.com and eMusicInstitute.com or another party due to someone else using User's account or password. You may not use anyone else's account at any time, without the permission of the account holder.

OWNERSHIP OF INTELLECTUAL PROPERTY

Cell phone version of the metronome (J2ME application and all applicable components), all site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of eMusicInstitute, Inc. ("MetronomeOnline.com" & "eMusicInstitute.com") and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. MetronomeOnline.com and eMusicInstitute.com hereby grant User a personal, revocable, non-perpetual, non-exclusive, non-assignable and non-transferable license to use the Site provided that User does not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of MetronomeOnline.com and eMusicInstitute.com. Use of MetronomeOnline.com and eMusicInstitute.com and/or its licensors' Material is only permitted with MetronomeOnline.com and eMusicInstitute.com’s express written permission. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by MetronomeOnline.com and eMusicInstitute.com, its subsidiaries or affiliates of the opinions or views expressed by these third party websites and MetronomeOnline.com and eMusicInstitute.com do not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, MetronomeOnline.com and eMusicInstitute.com are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither MetronomeOnline.com and eMusicInstitute.com nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, MetronomeOnline.com and eMusicInstitute.com will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, MetronomeOnline.com and eMusicInstitute.com, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. MetronomeOnline.com and eMusicInstitute.com reserve 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 MetronomeOnline.com and eMusicInstitute.com in asserting any available defenses.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT 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. MetronomeOnline.com and eMusicInstitute.com are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. 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, MetronomeOnline.com and eMusicInstitute.com, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE 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 ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MetronomeOnline.com and eMusicInstitute.com OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall MetronomeOnline.com and eMusicInstitute.com’s aggregate 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 User to MetronomeOnline.com and eMusicInstitute.com, if any, in the twelve (12) month period prior to any dispute.

THERE IS NO WARRANTY FOR THE CELL PHONE METRONOME PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

MISCELLANEOUS

This Agreement will become effective immediately upon any use by User of the Site and shall remain effective unless terminated by either party as provided hereunder. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Either party may terminate this Agreement by providing the other with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. MetronomeOnline.com and eMusicInstitute.com may terminate this Agreement immediately without notice for any breach by User of this Agreement or any applicable policy of MetronomeOnline.com and eMusicInstitute.com as posted on the Site from time to time. Furthermore, MetronomeOnline.com and eMusicInstitute.com may terminate this agreement without notice to User by terminating the rights of User to use the Site. In the event of termination or expiration, the following sections shall survive: Ownership of Intellectual Property; Indemnification; Disclaimer and Limitation of Liability; Miscellaneous and Privacy Policy and Copyright Notice. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of California Los Angeles County. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.