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1. Acceptance of Terms
By accessing or using the Recontastic Ear Training platform (the "Service"), you acknowledge
that you have read, understood, and agree to be bound by these Terms of Use (the "Terms").
If you do not agree to these Terms, you may not access or use the Service.
We reserve the right to modify these Terms at any time. Your continued use of the Service
following any modifications constitutes your acceptance of the revised Terms. It is your
responsibility to review these Terms periodically.
2. Service Description
Recontastic Ear Training is a free, web-based educational platform designed to assist users
in developing musical ear training skills through interactive exercises. The Service is
provided as a personal project and is offered on an "as is" and "as available" basis.
Note: This is a non-commercial project provided at no cost. We make no
representations or warranties regarding the availability, reliability, or suitability
of the Service for any particular purpose.
3. User Accounts
Certain features of the Service require account registration. By creating an account, you
represent that you are at least 13 years of age (or the minimum age of digital consent in
your jurisdiction) and that all information you provide is accurate and complete.
You are responsible for maintaining the confidentiality of your account credentials and for
all activities that occur under your account. You agree to notify us immediately of any
unauthorized access to or use of your account.
Account management, including profile updates and account deletion, can be performed through
the Profile Settings page.
4. User Conduct
You agree to use the Service only for lawful purposes and in accordance with these Terms.
You shall not use the Service in any manner that could damage, disable, overburden, or
impair the Service, or interfere with any other party's use of the Service.
You agree not to attempt to gain unauthorized access to any portion of the Service, other
accounts, computer systems, or networks connected to the Service through hacking, password
mining, or any other means.
5. User Content
The Service may allow you to upload certain content, including profile images ("User Content").
You retain ownership of your User Content, but by uploading it, you grant us a limited,
non-exclusive license to use, store, and display such content solely for the purpose of
operating and providing the Service.
You represent and warrant that your User Content does not violate any applicable law,
regulation, or third-party right. You shall not upload any content that is unlawful,
harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
Important: Any User Content that violates applicable law or these Terms
will be removed, and may result in immediate account termination. We reserve the right
to report illegal activity to the appropriate authorities and to cooperate fully with
law enforcement investigations.
6. Privacy & Data
We collect only the information necessary to provide the Service, including account
information, game statistics, and content you choose to upload. We are committed to
protecting your privacy and handling your data responsibly.
We do not sell, rent, or trade your personal information to third parties.
Your data is used solely to operate and improve the Service.
You may request deletion of your data at any time by deleting your account through the
Profile Settings page. Upon deletion, your data will be
permanently removed from our systems.
7. Termination
We reserve the right to suspend, restrict, or terminate your access to the Service at any
time, for any reason, with or without notice. Grounds for termination include, but are not
limited to, violation of these Terms, illegal activity, or conduct that we determine to be
harmful to the Service or other users.
You may terminate your account at any time by visiting the Profile
Settings page and selecting the account deletion option.
No Recourse: This is a free service provided as a courtesy. Account
terminations are at our sole discretion and are final. We are under no obligation to
provide reasons for termination, restore terminated accounts, or provide any form of
compensation.
8. Indemnification
You agree to indemnify, defend, and hold harmless Recontastic and its officers, directors, employees,
agents, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against
any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys'
fees and costs) arising out of or relating to:
(a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any
applicable law, rule, or regulation; (d) your User Content or any content you submit, post, or transmit
through the Service; (e) your violation of any third-party rights, including intellectual property,
privacy, or publicity rights; (f) any dispute or issue between you and any third party; or (g) your
willful misconduct or negligence.
Recontastic reserves the right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with
Recontastic's defense of such claim. You shall not settle any claim without Recontastic's prior written
consent. This indemnification obligation shall survive the termination of these Terms and your use of
the Service.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free of
viruses or other harmful components. We do not warrant that the results obtained from the
use of the Service will be accurate or reliable.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RECONTASTIC, ITS
OPERATORS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA,
USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO
OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.
You acknowledge that your use of the Service is at your sole risk and that you are solely
responsible for any damage to your computer system or loss of data resulting from your
use of the Service.
11. Dispute Resolution & Binding Arbitration
⚠️ IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE DISPUTES HEARD BY A JUDGE OR JURY.
Agreement to Arbitrate. You and Recontastic mutually agree that any and all disputes,
claims, or controversies arising out of or relating to these Terms, the Service, your use of the Service,
any content or materials provided through the Service, or any aspect of your relationship with Recontastic
(collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration,
rather than in court. This includes claims that arose before the existence of this or any prior agreement
between us, as well as claims that may arise after termination of these Terms. The Federal Arbitration Act
governs the interpretation and enforcement of this arbitration agreement.
Arbitration Administrator & Selection. Any arbitration shall be administered by an
arbitration organization or service provider selected at Recontastic's sole and absolute discretion.
Recontastic reserves the exclusive right to select, designate, or change the arbitration forum,
administrator, rules, procedures, and location at any time. If no specific selection is made, or if
the selected administrator is unavailable, Recontastic shall appoint a qualified neutral arbitrator
of its choosing. The arbitrator shall be bound by these Terms.
Waiver of Jury Trial. BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A
JURY TRIAL. You understand that absent this provision, you would have the right to sue in court and
have a jury trial. You acknowledge that the arbitrator's decision will be final and binding, with
very limited rights of appeal.
CLASS ACTION AND COLLECTIVE RELIEF WAIVER. YOU AND RECONTASTIC AGREE THAT EACH PARTY
MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER,
OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR
REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to conduct any class, collective,
or representative proceeding, and may not consolidate the claims of multiple parties. If this class
action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be
null and void, but all other provisions of these Terms shall remain in effect.
Arbitration Procedures & Confidentiality. All arbitration proceedings, including any
hearings, discovery, submissions, and the arbitrator's decision, shall be strictly confidential. Neither
party may disclose the existence, content, or results of any arbitration without the prior written consent
of the other party, except as required by law. The arbitrator shall have exclusive authority to resolve
any Dispute, including threshold questions of arbitrability, the validity, scope, or enforceability of
this arbitration agreement, and any defense to arbitration. The arbitrator's award shall be final and
binding, and judgment upon the award may be entered in any court of competent jurisdiction.
Limitation on Arbitrator's Authority. The arbitrator may award only individual relief
and may not award relief that would affect other users. The arbitrator may not award punitive or exemplary
damages unless expressly authorized by applicable law that cannot be waived. The arbitrator shall apply
applicable substantive law and shall have no authority to disregard or refuse to enforce any lawful term
of these Terms.
Costs and Fees. Each party shall bear its own costs, expenses, and attorneys' fees in
connection with any arbitration proceeding, regardless of outcome, except as otherwise required by
applicable law that cannot be waived. Filing fees and arbitrator compensation shall be allocated in
accordance with the rules of the selected arbitration administrator, or as the arbitrator determines
is appropriate.
Small Claims Exception. Notwithstanding the foregoing, either party may bring an
individual action in small claims court for disputes within the court's jurisdictional limits, provided
that such action remains in small claims court and is not removed or appealed to a court of general
jurisdiction.
Injunctive Relief. Nothing in this arbitration agreement shall prevent Recontastic from
seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its
intellectual property rights, confidential information, or to prevent irreparable harm pending
arbitration.
Opt-Out Right. You may opt out of this arbitration agreement by sending a clear written
statement of your decision to opt out within thirty (30) days of first accepting these Terms. The opt-out
notice must include your name, email address, and a clear statement that you wish to opt out of the
arbitration agreement. If you opt out, you and Recontastic may litigate Disputes in court, subject to
the other terms herein, but all other provisions of these Terms shall remain in full force and effect.
Survival. This arbitration agreement shall survive the termination of these Terms,
termination of your account, and your cessation of use of the Service.
12. General Provisions
Entire Agreement. These Terms constitute the entire agreement between you
and Recontastic regarding the Service and supersede all prior agreements and understandings.
Severability. If any provision of these Terms is held to be invalid or
unenforceable, such provision shall be modified to the minimum extent necessary, and the
remaining provisions shall continue in full force and effect. If the class action waiver in
Section 11 is found to be unenforceable, then the entirety of the arbitration agreement shall
be null and void.
Waiver. No waiver of any term shall be deemed a further or continuing
waiver of such term or any other term. Recontastic's failure to enforce any right or provision
of these Terms shall not constitute a waiver of such right or provision.
Governing Law. These Terms shall be governed by and construed in accordance
with applicable law, without regard to conflict of law principles. Subject to the arbitration
agreement above, any legal action or proceeding not subject to arbitration shall be brought
exclusively in the courts of a jurisdiction selected by Recontastic.
Assignment. You may not assign or transfer these Terms or any rights or
obligations hereunder without Recontastic's prior written consent. Recontastic may assign
these Terms without restriction.
Contact. Questions regarding these Terms may be directed through the
feedback mechanisms provided within the Service.
Acknowledgment
By using the Service, you acknowledge that you have read and understood these Terms of Use
and agree to be bound by them. If you do not agree to these Terms, please discontinue use
of the Service immediately.