Inno Place Sonora⁺ End-User License Agreement
EULA – Preamble Terms of Use
PLEASE READ THIS TEAMVIEWER END USER LICENSE AGREEMENT (“EULA”) CAREFULLY.
The EULA is a modular contract that governs and defines the terms of the contractual relationship between INNO PLACE srl in Via San Secondo 42, 10128, Torino and and its customers (“User” or “You”).
Inno Place srl is the sole and absolute owner of all property rights, copyright and intellectual property rights related to the software application dedicated to mobile devices, such as smartphones or tablets and called “SONORA⁺®” (from now on just “Application”) aimed at teaching music theory as well as teaching the techniques of use and sound modes of the most popular musical instruments, including the violin, through an original method that allows the User to observe and learn the position of the hands on the instrument for the performance of various pieces as well as to listen to the parts under study, exclude them from the musical base and then perform them over instrumental recordings.
If User has any questions about Inno Place or the content of this agreement, please contact our support team via the “Support” section of our website (www.inno.place), send an e-mail to sonora.support@inno.place or contact us at Inno Place srl (P.IVA IT11241460010 ), Via San Secondo 42 , 10128 Torino , Italy
1. Definitions
Licensor: Inno Place srl, as owner, in any form, of all licences, rights, trademarks, distinctive signs, software relating to and pertaining to the Services covered by this agreement.
User: the party legally capable of entering into and concluding this agreement, owner of the rights of use and recipient of all obligations arising from the agreement.
User: the User or the subject represented by the User authorised to use the Services covered by this contact.
User Account: the set of User identification data required to access the Services.
User Content: any content created, published, sent, distributed or added, in any form, to the Services. User Content includes, but is not limited to: communications or materials submitted to the Services or transmitted to other users of the Services, whether via an application, website, email or by participating in blogs, message boards, online forums and other features, data, text, writings, compositions, notes, music, sounds, videos, audiovisual effects, artwork, photographs, screenshots, videos, graphics, comments, suggestions, or chat or email messages, or other materials.
Paid Content: the Services for the use of which a fee or charge is payable (one-off or periodic, automatically renewed).
Licence Grant: a non-exclusive, non-transferable, limited right to install and use Inno Place applications, products and websites and all content and software relating to the services offered on a device owned or controlled by the user, without any permission to duplicate, distribute or make available such content/applications/services on other devices or on networks suitable for use on different devices at the same time.
Services: all applications, products, websites and all content and software relating to services that are owned exclusively or offered by Inno Place in accordance with this agreement.
Application (APP): the coded symbol or icon as well as the software that includes it, which may include software programs, products, printed materials and associated “online” or electronic documentation that can be displayed on the user’s smartphone or tablet and with which the features and functions of the application can be performed.
2. Object and conclusion of the agreement
This End User Licence Agreement (“Agreement”) constitutes a contract between the User and INNO PLACE and sets out the terms and conditions for downloading, installing and using Inno Place applications, products and websites and all content and software relating to the services offered (collectively the “Services”) via any application.
The Agreement is concluded for an indefinite period of time, without prejudice to the application of rules relating to Services for which there is a predetermined timeframe for use, also in connection with the subscription and renewal of subscriptions and/or other specific conditions of use.
In order to use all/some Services, the User may be required to create an account or register for a specific Service.
By registering an account, the User expressly authorizes Inno Place to check the access information and to carry out all activities aimed at verifying ownership of and authorization to access the Services.
The User is directly and exclusively responsible for the confidentiality of the access information and undertakes, in the event of any doubt or if there is evidence of unauthorized use of the credentials and access information by third parties, to inform Inno Place immediately and to change the credentials and access information.
By downloading, installing, logging in with the creation of an account or by using the applications, products and websites of Inno Place, the User declares that he/she has read, accepted and acknowledges that he/she is bound by the content of this agreement and that he/she is authorized to enter into this agreement in accordance with the legislation applicable in the country in which he/she resides or of which he/she is a national.
For this purpose, by downloading, installing, logging in with the creation of an account or using the applications, products and websites of Inno Place, the User declares that he/she is of legal age and is not subject to any measures restricting his/her capacity to act and contract as well as – in the case of use of the “Services” by a minor over the age of 13 – that he/she has examined and accepted the content of this agreement in his/her capacity as guardian/exerciser of parental authority and accepts responsibility for it.
These general terms and conditions of the license agreement may be amended and supplemented by Inno Place srl also in order to adapt the content of the agreement to any technological and/or legislative innovations that may have occurred.
Modifications to terms, conditions, policies and additional guidelines, as well as clauses relating to specific services and other operating rules, shall be communicated to the user in the form deemed appropriate to ensure their knowledge and shall be published on the Inno Place website (www.inno.place).
Upon notification and publication, the changes shall become binding on the User:
– assumes, by downloading, installing, logging in by creating an account for or using the applications, products and websites of Inno Place, a specific duty to inform about the current and applicable terms and conditions of business;
– the continued use of the applications, products and websites of Inno Place and all content and software relating to the services offered shall be deemed to constitute express acceptance of the changes.
During the course of the contractual relationship, Inno Place may add, modify, discontinue, remove or suspend any Service or any part thereof, any Service Content or any other feature of the Services (including, without limitation, financial terms, availability or equipment required for access or use, or charging fees for certain Services or features).
Any changes to the financial terms of the Services will be subject to specific approval by the User.
Some of the Services may only be used through devices with certain technical characteristics, which will be identified in detail on the Inno Place website (www.inno.place).
It is the User’s responsibility to check the compatibility of his or her device with the technical specifications required to use the individual Services and to obtain a device that is compatible with the characteristics of the Services.
In any event, the use of the Services requires Internet access, the availability of which is the sole responsibility of the User.
If the User does not agree to the terms of this agreement, the User is not allowed to download, install or use Inno Place applications, products and websites, as well as all content and software related to the services offered.
Certain services may contain links to third-party websites, services, contents or resources (“Third-Party Services”).
Under no circumstances shall Inno Place be liable for or provide any guarantee in respect of Third Party Services, which are and shall remain liable to the User, in accordance with the relevant terms and conditions of use that in no case apply to the relationship between Inno Place and the User, for any damage caused, whether directly or indirectly.
Links to Third Party Services do not imply that Inno Place endorses or promotes such Third Party Services or any Third Party features or contents made available on such Third Party Services.
3. Copyright, Trademark – Obligations, content and limitations of user rights
All services covered by this agreement and the content thereof are the property of Inno Place and/or its licensors, including the trademark “Sonora⁺®”.
Similarly, any and all items included in and pertaining to the Services (including, without limitation, titles, computer code, graphics; images; audio and/or video; design; concepts and methods of operation; themes; advertising text; logos; domain names; trade names and trademarks; service marks and trade identities; accounts; any other material subject to copyright; “graphical appearance” of the Services; the compilation, assembly and arrangement of materials in the Services; and all other Content and applications of the Service) is the exclusive property and/or appurtenance of Inno Place, which is entitled and entitled to all actions in its own right for any unauthorized use, copying and dissemination.
Copyright in any third party content appearing on the Services under this Agreement is owned by the respective author(s)/owner(s).
Some of the Services may include third party software (such as, but not limited to, open source software libraries), which is made available to the User without any transfer of rights, subject to the terms and conditions of use provided by the software owner and published in the settings of the mobile application.
All Inno Place trademarks (such as, but not limited to, Inno Place and Sonora⁺), service marks, trade names, domain names, logos, other graphic and non graphic features of these trademarks and names as well as all distinctive signs identifying the business, products and services of Inno Place are the exclusive property of Inno Place and the User is expressly forbidden to use or refer to these trademarks, either directly or indirectly, without prior written consent.
All copies of the software, content or any other material included in the Services, including the content of the Services themselves, even if lawfully downloaded and installed on the User’s device, shall remain the exclusive property of Inno Place and/or its licensors, without the authorized use conferring any ownership rights on the User or any rights of use greater than those provided for in this agreement.
Subject to the limitations set out in this contract and any subsequent amendments thereto, the User acquires the right to use, individually and for personal purposes unrelated to any professional and/or business and/or commercial activity, the Services, as well as to access and use applications, music, videos, images, educational or other material or content available through the Services.
The display of the Services and any related content in frames or via “online links” is prohibited without prior written permission from Inno Place.
Any use of the Services, Content of the Services or any part thereof in a manner or for purposes not provided for in this Agreement is expressly prohibited.
Specifically, by way of example, the User is not permitted under any circumstances to:
a). Remove any owner information from any copy of the Services and Applications;
b). Rent, lease, lend, sell or sublicense, copy, print, publish, economically exploit in whole or in part, the Services, Applications or their contents;
c). Decompile, reverse engineer, disassemble, modify or create derivative works of the Services, Applications or any updates thereof;
d). Modify, circumvent, tamper with or circumvent any feature or protection of the Services and Applications;
e). Distribute recorded copies of the Services and Applications to third parties.
f). Use the Services in violation of this Agreement or any applicable law or regulation;
g). Post, in any form, any information, content or other material (or links) that includes offensive and/or disparaging and/or discriminatory remarks related to race, origin, national origin, gender, sexual preference or physical disability and obscene, indecent, pornographic, sexual content or language;
h). Make available, through the Services or through any application/tool used hereunder, any material or information that infringes the copyrights, patents, trademarks or other intellectual property rights, the rights of holders of special and other data, any other rights of any party;
i). Promote or engage in, through the Services or through any application/tool used hereunder, any activity prohibited by national or international law;
l). Disrupt, interfere with or impair, permanently or temporarily, directly or indirectly, the normal flow of the Services to other Users
m). Detect and disclose, through the misuse of the Services or through the use of any means, the private information and special data of any third party, including personally identifiable information, contact details or financial information or any information that could be used to trace, contact or identify the third party
n). Use the Services for commercial activities or in any case aimed at producing specific benefits other than the mere use of the Services (such as, by way of example, fundraising, advertising or promotional activities for products, services, also through pyramid schemes or other multi-level marketing schemes such as mailing lists, chain letters or similar);
o.) Gain unauthorized access to the Services, credentials or accounts registered by others or to computers, servers or networks connected to the Services by any means other than the user interface provided by Inno Place
p.) Engaging (or attempting to engage) in any activity designed to interfere with, breach, neutralize or circumvent, in whole or in part, the security systems, methods and restrictions used in the Services;
q). Use, directly or indirectly, any automated system (such as, without limitation, cheats, spiders, hacks, scrapers, offline readers, or any unauthorized third party software) to modify or interfere with the Services and any of their components and content;
r). Engage in any activity, by any means or instrument, to remove or obscure any notice, banner or advertisement on the Services.
s). Share personal access information or allow third parties to use User’s personal account.
The User undertakes and binds himself/herself to respect all the limitations deriving from the applicable laws on the control of exports and re-exports of the Services and Content, undertaking, in particular, not to transfer, encourage, allow or tolerate the transfer of said Services and Content, as well as any information of any nature relating thereto, to countries or regions where the right of use is prohibited or limited or restricted.
4. User Contents – User Copyright
Users may post or otherwise add User Content to the Services.
User is responsible for the User Contents created, posted and shared.
Without prejudice to the application of the Privacy Policy and the relevant legislation, the User accepts and acknowledges that his or her User Content, once published and/or shared through the Services, will be considered non-confidential and will be legitimately acquired in the Service, without any pecuniary or non-pecuniary rights on the part of the User and without any obligation to return and/or delete and/or archive, on the part of Inno Place, in the event of termination, for whatever reason, of the contractual relationship.
Inno Place does not assume any obligation and/or warranty in respect of the dissemination, publication and circulation of the User Content published or shared via the Services, the User assuming exclusively any burden of assessment and responsibility for the dissemination and reproduction of his or her own Content following its publication or sharing via the Services.
Inno Place does not assume any obligation or responsibility for the content and circulation of the User Content, nor can it be considered obliged to monitor, display, store, maintain, accept, modify, remove all or part of such content.
Consequently, Inno Place’s failure to act on specific User Content does not constitute, either implicitly or explicitly, endorsement or acceptance of that content, for which the User is and remains solely responsible.
By posting, publishing and/or disseminating, in whatever form, any User Content, User represents and warrant that: (i) the User Content does not violate any law, contractual restrictions (including those in this Agreement) or any other intellectual property or rights of any third party; (ii) that User owns and/or is legally entitled to use and/or possesses the necessary licenses, rights, consents and permissions to submit, post and share the User Content; (iii) that User is authorized to use and grant the rights and licenses inherent in the User Content posted, including through the Services and in accordance with the terms of this Agreement; (iv) to expressly indemnify Inno Place against any third party claims in respect of the User Content published; (v) to be solely responsible for the association, as a result of publication or sharing via the Services, between the Services licensed by Inno Place and the User Content published, unless such association has been formally authorized by Inno Place in writing.
By posting and/or sharing User Content, the User retains ownership rights as well as moral and property rights in the content itself, in each case granting Inno Place, as consideration for the licensing of the Services, an irrevocable, perpetual, sublicensable, transferable, worldwide, royalty-free, , non-exclusive license to the User Content, whereby Inno Place shall be expressly permitted to reproduce, distribute, modify, prepare derivative works from, display, perform and use, in any manner, all or any part of the User Content posted, whether in connection with the Inno Place Services (and its successors and affiliates) or in any media formats and through any media channels.
By posting and/or sharing User Content, Users specifically authorizes Inno Place to use the ideas, suggestions, feedback information, concepts, know-how or techniques contained in any content, as well as the right, without limitation, to develop, produce, market and otherwise exploit products and/or services using such User Content, without giving rise to any pecuniary rights in favor of the User.
Similarly, by posting and/or sharing User Content, the User also grants each other User of the Services a non-exclusive license to access the User Content posted and/or shared through the Services, with express permission to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Services and under this Agreement.
If the User notices that any Content on the Services infringes his or her moral and property rights (copyright), the User must report the infringement to the copyright agent appointed by Inno Place by email to sonora.copyright@inno.place or by post to the following address: Inno Place srl ( P.IVA IT11241460010 ), Via San Secondo 42 , 10128 Turin , Italy, in the following manner:
– by sending a written notice of copyright infringement containing the following information: (i) the name and contact information of the infringing User; (ii) a detailed description of the disputed Content, including any Inno Place (or Service) URLs where the disputed Content can be found, downloaded or viewed (iii) a statement of the reasons why User believes his right has been infringed and details of the sources of the right that User believes has been infringed; (iv) a copy of the notice of infringement sent, in whatever form, to the User allegedly infringing the Content; (v) User signature (physical or electronic) to the statement;
– the User who believes to have suffered the injury resides in the United States and intends to give the report the legal value of notification pursuant to the Digital Millennium Copyright Act of the United States 17 USC §512 (c), specifying that, pursuant to the aforementioned legislation, the knowingly mendacious or erroneous statement regarding the harmfulness of the publication and/or sharing and/or use of a material or an activity entails the liability of the declarant for damages and legal fees and expenses incurred by the injured party or by the third party involved in the dispute the communication must imperatively also have the following content: (i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) an identification of the copyrighted work that is being infringed or, if multiple copyrighted works at a single online site are covered by a single design, a representative list of all such works that are the subject of the infringing right (iii) specific identification of the material that is claimed to be infringing or to be the subject of infringing activity, a specific request that the infringing content be removed or disabled, and a precise indication of the location and any Inno Place URL (or Service URL) where the disputed Content is located, downloadable, or viewable; (iv) a statement, in the form of a DMCA notice, to the effect that “”I have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the copyright owner or authorized to act on the copyright owner’s behalf. ”
5. Payment Policy
Access to the Services may be free of charge or subject to payment (“Paid Content”), either by subscription or by being subject to pre-determined fees, represented by one-off payments or periodic payments with automatic renewal, as described in the terms of use of each Service offered and subscribed to by the User at the time of confirmation and in the context of the App, in the product captions and otherwise as summarised in the User’s Account.
By choosing to access and/or purchase and/or subscribe to and/or download Paid Content, the User authorizes Inno Place to charge all costs, fees and charges that apply to the specific content to the credit card or other payment method registered, in the “Payment information” section, at the time of purchasing the Service.
In order to access Paid Content on the Services, User must provide valid and accepted payment information. If the payment information provided by the User is not valid and is rejected, access to Paid Content will be automatically suspended until new valid and accepted payment information is registered.
User is directly liable for all commissions, fees, charges, and in general, charges due and quantified in connection with the Services accessed through the Account registered in User’s name, regardless of whether User is the actual User of the Account.
In the event that User use a third-party payment system (such as, for example, the Apple App Store or Google Play Store) to pay for subscriptions or fees for individual Services, his purchase of and payment for the Service shall be subject to the payment policies determined and enforced by such third party.
Without giving rise to any rights on the part of the User or any obligations on the part of Inno Place, Inno Place may, at its own discretion, offer a trial period (“Trial Period”) free of charge or at a reduced rate.
In order to make use of the trial period or the reduced-rate temporary promotion, the User must in all cases provide valid and accepted payment information and, by accessing the trial period or the reduced-rate temporary promotion, accepts the conditions applicable to the paid Content once the trial period or reduced-rate period has expired.
If the User does not cancel the subscription and/or subscription to the Paid Content before the end of the trial period or the reduced fee period, Inno Place is automatically and expressly entitled to charge the ordinary subscription or Service fee in accordance with the periodicity for each Paid Content.
In all cases, Paid Content is made available for a period of time specified at the time of purchase or specified within each user’s Account, in which case INNO PLACE is entitled and authorized by the User to make periodic charges until termination of the subscription and/or periodic payments for each individual Content.
Cancellation of a subscription to Paid Content (to be made by changing the settings in the User Account or, if the subscription was taken out via a third party such as the Apple App Store or Google Play Store, by following the payment and cancellation terms and policies determined and applied by such third parties) will only take effect at the end of the period for which the subscription or fee has been paid, and the User has no right to obtain a refund from Inno Place for any unused subscription or fee periods after notification of cancellation.
In the case of a subscription or Paid Content that is subject to a one-off fee, User is entitled to reconsider the subscription or Paid Content and to a refund of any payments made for that content, provided that User exercises this right within 14 days of taking out the subscription or Paid Content and that User does not access the Paid Content during this reconsideration period.
If the subscription is terminated after payment of the recurring fee, the availability of the content will be interrupted and payments will not commence until the next due date for each recurring payment.
Inno Place reserves the right, at its own discretion, to change the prices of subscriptions and fees after informing the User who previously subscribed to the specific Paid Content.
Such price changes will be effective for periods subsequent to those for which the User has already paid the subscription price or fee.
In the case of auto-renewing subscriptions, if the User does not cancel the subscription before its expiry date or continues to use the Service for Paid Content, the modified price will apply upon auto-renewal, without any right to cancel.
If Paid Content is accessed by means of a promotional code or gift card or a promotion linked to another prepaid Inno Place product, the availability of Paid Content will automatically end at the end of the period specified in the terms of the promotion applied.
Any promotions on the price of the Services or subscriptions to the Services may be amended and/or withdrawn by Inno Place.
6. Exclusion of warranty – limitation of liability
Inno Place disclaims all forms of guarantee, whether express or implied, in connection with the Services, which are provided and accepted by the User on an “as is”/”as available” basis.
Inno Place neither grants nor acknowledges any form of guarantee or declaration with regard to the quality, fitness for purpose, integrity or effectiveness of the services, which have been independently and adequately assessed as meeting the User’s expectations at the time of registration, use, installation or operation.
Inno Place does not guarantee any particular quality of the services and does not guarantee that the services will be available without interruption, in good time or without errors and/or faults and/or viruses and/or bugs.
In order to improve the usability of the Services and without any assumption of liability or specific warranty, Inno Place reserves the right to suspend, interrupt, modify, remove or add functionality to the Services at its absolute discretion with immediate effect and without any obligation to notify the User.
Inno Place shall not be liable for any damages of any nature whatsoever or in any way whatsoever arising out of the application of this Agreement or the use of the Services and their content up to the maximum extent permitted by law in the User’s jurisdiction, without prejudice to the exclusion of liability for unforeseeable circumstances and force majeure.
Specifically, and by way of example only, Inno Place shall not be liable for any indirect, special, incidental, consequential, collateral or punitive damages of any kind, including, damages due to loss of reputation, business interruption, device failure or malfunction, loss of data, loss of profit, consequential damages.
The User also specifically acknowledges that Inno Place shall in no case be liable for any conduct, whether active or omissive, direct or indirect, of third parties, including other Users of the Services and operators of external websites.
Insofar as there are legal provisions in the User’s jurisdiction which are incompatible with the aforementioned limitations of liability, Inno Place shall in no event be liable for damages in respect of the content of this agreement and the services/content offered in excess of the total amount paid by the User for the use of the services in the previous six (6) months.
7. Withdrawal and Termination of the Contract
The User may terminate this agreement at any time by deleting his or her Account and ceasing to use the Services.
Inno Place is entitled to terminate this agreement at any time, with the consequent right to restrict, suspend, modify or delete any Account or access to any Account and/or the Services or Content, and this agreement is terminated with the same consequences, without notice, in the event of (i) breach by the User of the rules for the use of the Services as set out in clause 3 above, with particular reference to the netiquette set out in clauses a) to s) therein; (ii) breach by the User of the rules protecting the copyright and trademarks of Inno Place.
Inno Place has the right to terminate the agreement, including the right to restrict, suspend, modify or delete any Account or access to any Account and/or the Services or Content, with respect to Accounts that have been inactive for more than 180 days and have no active paid subscriptions.
In the event of termination, for any reason whatsoever, of the present contract, the User is forbidden to make any use of the Services and the contents associated to them and, without prejudice to the survival, for the User, of all responsibilities and obligations which, by their nature, are destined to be applied and in force even after termination, the User undertakes to remove from all devices and destroy all copies of the Services and the contents associated to them in his possession.
8. Assignment of the contract, disconnection
Inno Place is entitled to assign the agreement in whole or in part to any person or entity at any time without the User’s consent.
Unless expressly authorized to do so by Inno Place in writing, the User may not assign, transfer or sub-contract this agreement or the services and content contained therein to third parties in whole or in part.
Any assignment, transfer or sub-licensing by the User shall be ineffective in relation to Inno Place.
Each of the provisions which form the body of this agreement and which govern the overall relationship arising therefrom is autonomous.
The invalidity, ineffectiveness or invalidity of one or more of the provisions of this agreement shall in no case result in the invalidity of the entire agreement or the other provisions thereof.
9. Applicable law, place of jurisdiction and dispute resolution
Without prejudice to the validity, where applicable, of the national, Community and international regulations for the protection of the Consumer, the present contract is governed by Italian law.
Any dispute concerning the validity, interpretation and execution of this contract shall be submitted to the Jurisdiction of the Italian Courts and, pursuant to and for the purposes of art. 28 of the Italian Code of Civil Procedure, the Court of Turin shall have exclusive jurisdiction to hear any dispute