Last Updated: March 14, 2023
Except for Student Data, You acknowledge that SoundTown, including all trademarks, service marks and logos are owned by or licensed to SoundTown and are protected by copyright and other intellectual property rights, and that you have no rights to transfer or reproduce SoundTown or the Site, or to disclose confidential information pertaining to, the SoundTown or the Site. This Agreement does not transfer or convey any rights of ownership in or related to SoundTown or the Site, or intellectual property rights owned by SoundTown to you. No material from SoundTown may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without the permission of SoundTown. You agree not to modify, create derivative works or use SoundTown or the Site to create a competing product, redistribute, sell, decompile, reverse-engineer, or disassemble any element of SoundTown or the Site or integrate SoundTown or the Site with any other website, application, or networked computer environment.
You agree that SoundTown retains full and complete right, title, and interest in and to SoundTown and the Site and all intellectual property rights relating thereto.
SoundTown understands that it is important that our partner schools comply with FERPA and related regulations. Certain information collected through your school that may be provided to SoundTown that is directly related to a student and maintained by your school, may be considered an education record (“education record”) under FERPA.
You may also provide us with suggestions, comments or other feedback (“Feedback“) about SoundTown. We may use Feedback for any purpose without obligation of any kind in connection with our business, including the enhancement of SoundTown and the Site.
You agree that you will not (and will not allow any third party to):
SoundTown represents that it will comply with all applicable laws, including those related to protection of Student Data, personally identifiable information stored and maintained through the SoundTown Site and SoundTown Services.
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (“FERPA”)
SoundTown may use education records that have been de-identified for product development, research or other purposes permitted by applicable law (“De-Identified Data”), including: to demonstrate the effectiveness of SoundTown, including in our marketing materials; and develop and improve our educational products. De-Identified Data means data from which all personally identifiable information, including direct and indirect identifiers, has been permanently removed or obscured so that the remaining information does not reasonably identify an individual and there is no reasonable basis to believe that the information can be used to identify an individual.
SoundTown agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third-party unless that party agrees not to attempt re-identification.
The Site may contain areas in which teachers or school administrators may post reviews or make comments. By using these areas, you acknowledge and agree that the user content you provide in these areas may be available to other users. SoundTown is not liable for any statements, representations or comments provided by its teachers or school administrator users in any public forum. Although SoundTown has no obligation to screen, edit or monitor any of the comments posted to its Site, SoundTown reserves the right to remove, edit or refuse to post such teacher or school administrator user content you provide in these areas in its sole discretion.
Teachers and school administrator users may also provide us with suggestions, comments or other feedback (“Feedback“) about our products and services. SoundTown may use Feedback for any purpose without obligation of any kind in connection with our business, including the enhancement of our products and the Site and SoundTown Services.
With respect to services provided on SoundTown, SoundTown will charge a fee or subscription for individual services or packages. We may bill your credit card for a one-time payment or recurring payments for use of SoundTown subscriptions. You may cancel each subscription in order to end recurring payments.
CHANGES TO SERVICES AND SITE
If you are a School using the Services, we will notify you via email in advance of any material changes to these terms. Any changes we make to this Agreement in the future will be posted on this page. The date the terms was last revised is identified at the top of this page. Your continued use of the Site and Services following the posting of changes to this Agreement constitutes acceptance of those changes. If we make any material changes that affect information we have previously collected about you we will provide notice via email or within the Site.
SoundTown may add, change, discontinue, remove or suspend any portion of SoundTown Site and the Services at any time, without notice.
This Agreement shall remain in full force and effect while you use the Services unless your account is terminated as provided in this Agreement. If you want to delete your account you can delete your account by logging into your account and accessing your account settings page. If an account is inactive for twelve months or more, SoundTown will automatically delete the account. SoundTown may suspend or terminate your access to SoundTown or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the loss of information associated with your account. Upon termination of your account, your right to use SoundTown will immediately cease. The provisions of this Agreement relating to ownership provisions, warranty disclaimers, and limitations of liability shall survive termination.
SoundTown implements and maintains commercially reasonable security practices appropriate to the nature of the personal information collected and maintained through SoundTown and the Site, in order to protect such information from unauthorized access, destruction, use, modification or disclosure. Such practices include, but are not limited to use of firewalls, encryption and authentication techniques. The Internet, however, is not perfectly secure, nor are all security risks reasonably foreseeable, and SoundTown shall not be responsible for security incidents not reasonably within its control.
DISCLAIMER OF WARRANTIES
SOUNDTOWN AND THE SITE ARE PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED HEREIN, SOUNDTOWN AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED.
SOUNDTOWN ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE SOUNDTOWN PLATFORM, ANY FAILURES, DELAYS OR INTERRUPTIONS IN ACCESSIBILITY, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF SOUNDTOWN OR THE SITE, ANY CONDUCT BY OTHER USERS ON SOUNDTOWN, OR UNAUTHORIZED ACCESS TO OR USE OF SOUNDTOWN OR THE SITE.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT SOUNDTOWN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF SOUNDTOWN HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE SOUNDTOWN, SOUNDTOWN PLATFORM, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, ENTERED INTO THROUGH THE SITE, SOUNDTOWN PLATFORM OR SERVICES, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SITE, SOUNDTOWN PLATFORM, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF SOUNDTOWN AND THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE SOUNDTOWN OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF SOUNDTOWN OR THE SITE.
CERTAIN STATE JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU WILL COOPERATE AS FULLY AND REASONABLY AS REQUIRED BY SOUNDTOWN IN THE DEFENSE OF ANY CLAIM. SOUNDTOWN RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF SOUNDTOWN.
OUR POLICY TOWARD CHILDREN
SoundTown does not knowingly collect any information from children under the age of 13 (or the applicable age of consent in local jurisdictions) unless and until the School has obtained appropriate parental consent for the student to use the Services. Because SoundTown collects and uses Student Data at the direction of and under the control of a School, SoundTown relies on each School to provide appropriate notice to parents of the School's use of third party service providers such as SoundTown, and for the Schools to provide consent, if necessary, and authorization for SoundTown to collect Student Data, as permitted by the COPPA and other applicable data protection laws. Please contact us at firstname.lastname@example.org if you believe we have inadvertently collected personal information of a child without proper consent so that we may delete such data as soon as possible.
This Agreement shall be governed by and construed accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. By using SoundTown and the Site, you and SoundTown each agree to submit to the exclusive jurisdiction of the courts of the state of California and the federal courts of the southern district of California. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.
SoundTown reserves the right, at its sole discretion, to change, modify, add or delete portions of this Agreement at any time. You are advised to check this Agreement periodically to ensure that you are apprised of the latest version.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that materials hosted by SoundTown infringe your copyright, you (or your agent) may notice requesting that the materials be removed. Notice must be provided in writing and must include the following information:
Notices should be sent to:
PO Box #43
Palo Alto, CA 94304-1290