PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE.
This Agreement contains all of the terms and conditions between eMusicInstitute, Inc. (“Metronome Online”) and you (“User”) and governs the use of the services offered at the Metronome Online Web site (the “Site”) and mobile iOS and Android app (the “App”). By using any resources or information on the Site and/or App, 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 and/or App, 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 and/or App. 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 and/or App 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 April 18, 2018.
TERMS AND CONDITIONS
Metronome Online offers an online metronome and additional online services to registered users. The metronome is intended only for music practicing purposes and for NO other purpose. The metronome accuracy is limited to the browser and app 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 computer, mobile device, OS, and/or Flash player used.
By using Metronome Online there is a binding contract implicit between the User and Metronome Online. Metronome Online reserves the right to suspend privileges to any User not adhering to the policies of the Site and/or App.
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 and/or App 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 Metronome Online. 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 and/or App.
USER ACCOUNT AND PASSWORD
User is entirely responsible for maintaining the confidentiality of any password and account provided by Metronome Online for accessing the Site and/or App, and is fully responsible for all activities that occur under User’s password or account. User agrees to immediately notify Metronome Online of any unauthorized use of User’s password or account or any other breach of security. Metronome Online 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 Metronome Online 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
All site and app 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. (“Metronome Online”) 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. Metronome Online hereby grant User a personal, revocable, non-perpetual, non-exclusive, non-assignable and non-transferable license to use the Site and/or App 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 and/or App 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 Metronome Online. Use of Metronome Online and/or its licensors’ Material is only permitted with Metronome Online’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 Metronome Online, its subsidiaries or affiliates of the opinions or views expressed by these third party websites and Metronome Online do not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Metronome Online 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 Metronome Online 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, Metronome Online 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.
You agree to indemnify, defend and hold harmless, Metronome Online, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site and/or App from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Metronome Online 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 Metronome Online in asserting any available defenses.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND/OR APP 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. Metronome Online 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 and/or App or with respect to the information and material contained on this Site and/or App. 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, Metronome Online, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE AND/OR APP 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 AND/OR APP WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Metronome Online OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Metronome Online’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 Metronome Online, 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.