TERMS OF SERVICE AND CONDITIONS OF USE ("TERMS")

Welcome to tonerow.com!

ToneRow (also referred herein as "Site", "tonerow.com" and the "Company") provides a platform and web based applications (also referred herein as "Services", "Products" and "Technologies") that enable individual and group music lessons to take place between Teachers and Students. All Users of the Services whether Teachers (also referred to as "Service Providers" or "Consumers"), Students (also referred to as "Clients" or "Consumers"), or Performers (also referred to as "Consumers") are considered "Users" and "You" for the purpose of this agreement. ToneRow.com and its software applications and services are operated and owned by MusicConnect LLC, a Delaware Corporation.

ACCEPTANCE OF TERMS

By accessing this site and/or any of the applications and services, you are indicating that you acknowledge and accept all these terms. You understand that these terms are subject to change at any time at the company's sole discretion. Your use of our services after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please refer to these terms of use regularly.

ACCESS AND REGISTRATION TO THE SERVICE

You must be thirteen (13) years of age or older to access our services. Due to the age restrictions for the use of our services, no information obtained by ToneRow falls within the Children's Online Privacy Protection Act (COPPA) and is not monitored as doing so.

Important: if you are under the age of 18, you must have your parent or guardian read these terms and agree to them for you. If your parent or guardian does not read and agree to these terms on your behalf, you do not have permission to use the site or services.

When you create an account on ToneRow, you will be required to create a username and password. You are entirely responsible for safeguarding the confidentiality of your password and any other security information regarding your account. You agree to notify ToneRow immediately if you believe that there has been a breach to your account.

Further, Users will be asked to provide certain registration details. It is a condition for your use of our services that any information you provide is correct and current. It is your responsibility to maintain and update current and accurate information in your account. If our company believes that the information you provided is not correct, current, or incomplete in any form, or misleading in any way, we have the right to refuse you access to this site or any of our services, and the company reserves the right to terminate or suspend your account with or without notice.

Service Provider will agree that it will use the services only for legal business purposes and for their intended uses as advertised on the ToneRow website.

Falsifying information is a crime and can be punishable through federal and state laws. ToneRow will always cooperate with authorities if any user has misrepresented him or herself to commit a crime.

SERVICES

ToneRow’s primary product is a web based application that allows Users to manage their menu of services, accept appointments and payment online, and use online video conferencing. Users can use the application that is embedded in ToneRow’s website to schedule appointments, pay, and connect with other Users.

Due to the fact that our services are always expanding, all new services or features that enhance the current service are subject to these same terms and conditions of use.

REPRESENTATION OF SERVICES

ToneRow is a technology service provider, and therefore ToneRow makes no representation or warranty to endorse Users' ability to instruct or willingness to instruct. ToneRow cannot and will not verify or examine the truthfulness or accuracy of the details of each User's certificates, experience, or other background qualifications. Under no circumstance will ToneRow be held liable for any damages incurred by relying on information provided by any User.

USE OF SERVICES
GUIDELINES FOR TEACHERS
  • 1. By listing a lesson on ToneRow, you assume full responsibility for the content of the lesson offered.

  • 2. By listing a lesson on ToneRow, you agree to honor the lesson through tonerow.com at the price and time agreed upon with the student, and not to refuse registration or attendance by any student for any discriminatory or other illegal reasons.

  • 2. By listing a lesson on ToneRow, you agree to honor the lesson through tonerow.com at the price and time agreed upon with the student, and not to refuse registration or attendance by any student for any discriminatory or other illegal reasons.

  • 3. You represent and warrant to ToneRow that you are qualified to teach the lessons you list with the Service and that you at all times conduct yourself in a professional manner and in compliance with applicable laws.

  • 4. You agree not to abuse your students’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in your lesson without the students’ prior consent.

  • 5. You understand that, if you teach a lesson, your students will have the opportunity to review their experience with you. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.

  • 6. If ToneRow administration receives complaints about a teacher from a student, ToneRow reserves the right, after review of complaints, to suspend the teacher’s account at any time.

  • 7. If a student cancels too many times without acceptable reason, or if he/she is chronically late, the teacher may discontinue lessons with the student and/or file a complaint report at help@tonerow.com.

GUIDELINES FOR STUDENTS
  • 1. Lessons offered on ToneRow are offered directly by the teachers. ToneRow is not responsible or liable for any information on its Service listings or profiles.

  • 2. All lessons offered on ToneRow are valid only for the specified date. ToneRow is not responsible for any changes or cancellations made to lessons by the teacher.

  • 3. You agree to follow all reasonable rules set by a teacher with respect to a lesson, and not to take any actions to interfere with the teacher or any other students on the lesson.

  • 4. You agree to attend each class solely for educational purposes, and not with the goal of copying any materials or techniques for purposes of your own or others’ classes, or for interfering with any class or the teacher’s ongoing relationship with any students attending such class

  • 5. If a teacher cancels lessons too many times without acceptable reason, or if he/she is chronically late, or does not show up, the student may discontinue lessons with the teacher and/or report the teacher at help@tonerow.com.

CONDUCT ON TONEROW

Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service. You agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any User Submission — including text, communications, software, images, sounds, data, or other information — that:

  • 1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

  • 2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

  • 3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party;

  • 4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

  • 5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

  • 6. impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at our sole discretion to remove any User Submission or other content that, in our judgment, does not comply with our Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with the Service without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

PAYMENT AND FEES
  • 1. All lesson fees are set by the teacher.

  • 2. All lesson fees are paid directly to the teacher via PayPal. We are not party to any transaction between PayPal and any student and/or teacher and cannot be held responsible for any issues arising from any such transaction.

  • 3. A full payment is required for each lesson on ToneRow, unless otherwise agreed by the teacher.

CANCELLATIONS AND REFUNDS
  • 1. ToneRow is not responsible or liable for any refunds for classes. Refunds and cancellations are managed by the teachers who provide the booked lessons at their discretion. In such situations, a teacher may (but is not required) to agree to a suitable rain check, make-good, or refund.

  • 2. In the rare instances when a dispute cannot be resolved directly between teacher and student, a complaint must be filed at help@tonerow.com within 24 hours of the lesson.

INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION

The material and content (the "Content") accessible from ToneRow, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the third party (Non Customer) that provided the Content to our Company. MusicConnect LLC, or the third party that provided the Content to our Company, retains all right, title, and interest in and to the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way (excluding the Content that you own – you are free to do as you wish with your own Content) without the prior written consent of our Company, unless authorized in writing elsewhere on our Site. If you are so allowed you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms violates our Company’s intellectual property rights. MusicConnect LLC is sole owner of all intellectual property and in particular the Copyright, Trademarks, Service Marks, Patents for all services on tonerow.com. This agreement does not grant members or any third party any rights to patents, copyrights, trade secrets, trade names, trademarks (registered or unregistered), domain names or any other rights in respect of tonerow.com.

EXTERNAL HYPER-LINKS

Our services may be hyper-linked to other Web Sites which are not maintained by, or related to, our Company. Hyper-links to such sites are provided as a service to Users and are not sponsored by or affiliated to our Company. ToneRow has not reviewed any or all of such hyper linked web sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Inclusion of any hyper-link to a third-party site does not imply any endorsement by our Company of that site.

SUBMISSIONS AND USE OF DATA

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential (except for personal identifiable information not already publicly disclosed by you), and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

ToneRow may from time to time send e-mail advertisements to Users, whether the material is its own or is commercial information furnished by third parties.

If Users elect to use ToneRow's referral service for informing a friend about the Site, ToneRow may ask the User for the friend's name and e-mail address. ToneRow will automatically send the friend a one-time e-mail inviting them to visit the Site. ToneRow stores this information for the sole purpose of sending this one-time e-mail. The friend may contact ToneRow at help@tonerow.com to request the removal of this information from its database.

Currently, ToneRow does not share aggregated information with our partners and advertisers, but may do so in the future. This will not be linked to any personal information that can identify any individual person.

ToneRow uses PayPal to process credit card information to bill Users for use of the ToneRow service. Your credit card information is processed by PayPal, and TONEROW DOES NOT COLLECT, RETAIN, SHARE, STORE OR USE ANY OF THIS CREDIT CARD INFORMATION FOR ANY PURPOSE.

NO SPAM POLICY

You agree that sending unsolicited e-mail advertisements to ToneRow e-mail addresses or through ToneRow’s computer systems is expressly prohibited by these Terms of Use. Any unauthorized use of ToneRow’s computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to Civil and Federal criminal penalties.

DISCLAIMER

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.

YOUR USE OF THIS SITE AND ANY OF TONEROW’S SERVICES IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. Information obtained by using this Site or Services is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. Our Company does not warrant that the functions, services or content will be uninterrupted or error-free, or that this Site or the server that makes it available are free of viruses or other harmful components. Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. OUR COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

LIMITATION ON LIABILITY

In no event or under any circumstance shall MusicConnect (or its providers, employees, agents, officers, and directors) be held liable for any damages, including loss of revenue or income, emotional distress, or similar damages.

ToneRow may conduct background checks or screen users that register and use our Services in any way. However, all Users agree to assume all risks associated with using this service and that ToneRow or MusicConnect will not be held liable for any reason for any damages, whether direct or indirect, as a result of using our Services.

LIMITED SINGLE LICENSE

ToneRow grants Users a nonexclusive, revocable right to use the Service provided that User does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement. This limited license is not assignable, and only between User and ToneRow. Any purported transfer, assignment or delegation by User without the proper written approval will be null and void and of no force or effect. Any violation of this agreement, specifically trying to violate this section will be subject to immediate suspension of service for that Customer, and will be subject to damages.

PAYMENT AUTHORIZATION, PAYMENT TERMS, PAYMENT DISPUTES

Users agree to pay all charges for using this Service as set forth on the ToneRow website. You agree that you are solely responsible for any applicable state or federal taxes, including sales tax. ToneRow will not process any taxes on behalf of the User for using ToneRow services.

All Users agree that by providing a credit card or any other payment information, either during registration or anytime thereafter, you have full authority over such payment method and you authorize PayPal to charge such credit card or payment method.

You acknowledge that ToneRow’s billing and payment system is not error free, and miscalculations may occur. If you feel there has been an error on our billing, please contact us immediately so that we can resolve your issue promptly. You agree that undisputed amounts after 5 business days from posting to your account can no longer be disputed. Pricing is subject to change at a moment’s notice. Existing Users will always be notified of pricing changes before they take effect. Always refer back to this agreement or our pricing section (if applicable) on our website for updates.

NON PAYMENT

Company reserves the right to suspend or cancel your access to the Service, if for whatever reason the Credit Card or PayPal information does not go through for processing the payment by you for ToneRow Services. ToneRow will make reasonable efforts to contact you about your Non-Payment, although ToneRow is not required to do so. It will be your obligation to make sure that the credit card or payment information you provide is accurate with our payment gateway.

CONTACT

If you need to contact ToneRow directly regarding any of our services, you can send us an email at hello@tonerow.com.

VIOLATION REPORTING

Any User that encounters any violation to these terms should report it to: help@tonerow.com.