Privacy Policy

TWH/Choir Prodigy™ (Cho!r)/Music Prodigy End User License Agreement and Terms of Use and Service

 

 

 

 

 

あなたが読み、どちら下記使用許諾契約書の英語またはスペイン語版を理解できない場合は、であなたの国のためにライセンス契約を参照してください。http://www.apple.com/legal/itunes/ww/

 

 

 

Wenn Sie nicht lesen und verstehen können entweder die englische oder spanische Version der Lizenzvereinbarung unten entnehmen Sie bitte der Lizenzvereinbarung für Ihr Land an: http://www.apple.com/legal/itunes/ww/

 

 

 

Als je niet kunt lezen en begrijpen ofwel het Engels of Spaanse versie van de licentie-overeenkomst hieronder, verwijzen wij u naar de licentie-overeenkomst voor uw land op: http://www.apple.com/legal/itunes/ww/

 

 

 

Hvis du ikke kan læse og forstå enten engelsk eller spansk version af licensaftalen nedenfor, henvises til licensaftalen for dit land på: http://www.apple.com/legal/itunes/ww/

 

 

 

Jos et pysty lukemaan ja ymmärtämään joko Englanti tai espanjankielisen version lisenssisopimuksen alla, katso lisenssisopimus maatasi varten: http://www.apple.com/legal/itunes/ww/

 

 

 

Si vous ne pouvez pas lire et comprendre soit la version anglaise ou espagnole du contrat de licence ci-dessous, s’il vous plaît se référer à l’accord de licence pour votre pays à: http://www.apple.com/legal/itunes/ww/

 

 

 

Εάν δεν μπορείτε να διαβάσουν και να κατανοήσουν είτε την αγγλική ή ισπανική έκδοση της άδειας χρήσης παρακάτω, ανατρέξτε στην άδεια χρήσης για τη χώρα σας στη διεύθυνση: http://www.apple.com/legal/itunes/ww/

 

 

 

Se non riesci a leggere e comprendere sia la versione inglese o spagnola del contratto di licenza di seguito, fare riferimento al contratto di licenza per il proprio paese all’indirizzo: http://www.apple.com/legal/itunes/ww/

 

 

 

Se você não consegue ler e compreender tanto a versão em Inglês ou Espanhol do acordo de licença a seguir, consulte o contrato de licença para o seu país em: http://www.apple.com/legal/itunes/ww/

 

 

 

Om du inte kan läsa och förstå vare sig engelska eller spanska versionen av licensavtalet nedan hänvisas till licensavtalet för ditt land på: http://www.apple.com/legal/itunes/ww/

 

إذا لم تتمكن من قراءة وفهم إما النسخة الانكليزية أو الاسبانية وجدت في اتفاقية الترخيص أدناه، الرجاء قراءة اتفاقية الترخيص لبلدك: http://www.apple.com/legal/itunes/ww/

 

 

 

당신이 아래의 라이센스 계약에서 찾은 영어 또는 스페인어 버전을 읽고 어느 이해할 수 없다면, 귀하의 국가에 대한 라이센스 계약을 읽으십시오 : http://www.apple.com/legal/itunes/ww/

 

 

 

如果你不能阅读和既不懂英语或西班牙语版本在下面的许可协议,请仔细阅读了贵国的许可协议:http://www.apple.com/legal/itunes/ww/

 

 

 

Hvis du ikke kan lese og forstå enten engelsk eller spansk versjon finnes i lisensavtalen nedenfor, kan du lese lisensavtalen for ditt land: http://www.apple.com/legal/itunes/ww/

 

 

 

ถ้าคุณไม่สามารถอ่านและทำความเข้าใจทั้งฉบับภาษาอังกฤษหรือสเปนที่พบในข้อตกลงใบอนุญาตด้านล่างโปรดอ่านข้อตกลงใบอนุญาตสำหรับประเทศของคุณ: http://www.apple.com/legal/itunes/ww/

 

 

 

I. CHOIR PRODIGY™ /Music Prodigy™ END USER LICENSE AGREEMENT

 

II. CHOIR PRODIGY/Music Prodigy™ TERMS OF USE AND SERVICE

 

III. PRIVACY POLICY posted on Choir Prodigy website:

 

 

 

http://www.Choirprodigy.com

 

 

 

This application is not appropriate for and not intended for any person under the age of thirteen (fourteen if you live in Spain or download the application in Spain). If you are between the ages of 13 and 18 (14 and 18 in Spain), you should consult a parent or guardian concerning the appropriateness for you of the application before downloading it.

 

 

 

Agreements and Policies in Translation.

 

 

 

Your use of the Choir Prodigy application indicates that you have read the agreements in English and agree to them. If you do not speak English, you should not download or use the Choir Prodigy Application, and in any event, you may not download or use the Choir Prodigy application in any country other than the United States, the United Kingdom, Canada, Australia, New Zealand, the Republic of Ireland, Chile, Colombia, Costa Rica, Dominican Rep., Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Peru, Spain, Japan, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Netherlands, Portugal, Sweden, Brazil, Algeria, Angola, Anguilla, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Barbados, Belize, Bermuda, Bolivia, Botswana, Brunei Darussalam, Cayman Islands, Dominica, Egypt, Ghana, Grenada, Guyana, Iceland, India, Indonesia, Israel, Jamaica, Jordan, Kenya, Republic of Korea, Kuwait, Lebanon, Madagascar, Malaysia, Mali, Malta, Mauritius, Montserrat, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and The Grenadines, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Suriname, Switzerland, Taiwan, United Republic Of Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Uganda, United Arab Emirates, Uruguay, Venezuela, Vietnam, British Virgin Islands, or Yemen without regard to what language you speak.

 

 

 

Acceptance of the Agreements and Policies

 

 

 

Your license to use the Choir Prodigy/Music Prodigy™ application is subject to your prior acceptance of the End User License Agreement, the Terms of Use and Service and the Privacy Policy by having touched the “OK” button when you downloaded the app or an upgrade to the app in the App Store or completed your purchase of a license or subscription on the Choir Prodigy website. You may find these agreements and policies by going to our website at http://www.Choirprodigy.com/terms-of-service/, or by returning to the App Store and reviewing the ‘Application License Agreement’ section on the Choir Prodigy description page. The privacy policy is only available on our website at http://www.Choirprodigy.com.

 

 

 

If you for someone reason failed to read any of these documents before touching “OK” then by downloading the app now or starting to use the app now, you are indicating that you have read the agreements and policies, that you accept their terms, and that the End User License Agreement, the Terms of Use and Service and the Privacy Policy will apply to all aspects of the Choir Prodigy /Music Prodigy™ application, including premium features and songs purchased by you in the App Store as well any later upgrades, updates, changes or improvements to the application.

 

 

 

If you do not accept the terms of this Choir Prodigy /Music Prodigy™ End User License Agreement, or the terms of the Terms of Use and Service, set out below, in Section II, or the terms of Choir Prodigy’s Privacy Policy set forth at

 

http://www.Choirprodigy.com, do not downloadthe Application. If you have already done so and do not accept these terms, you must delete the application from all of your devices and refrain from downloading it again until you are willing to accept the terms of the agreements and policies and so agree by the then-available appropriate means.

 

 

 

I.CHOIR PRODIGY™ (Cho!r)/Music Prodigy™ END USER LICENSE AGREEMENT (hereinafter, collectively, the “Choir Prodigy End User License Agreement”)

 

 

 

The Choir Prodigy(TM)/Music Prodigy™ application (hereinafter, collectively, “The Choir Prodigy application”) made available to you through the App Store (the “App Store”) contains copyrighted software (some aspects of which are also the subject of a pending patent application) and other intellectual property, including inventions and trade secrets, owned by The Way of H, Inc. (“TWH”) as well as copyrighted music, graphics, images, trademarks and other features owned by TWH. The Choir Prodigy Application is licensed to you by TWH, not sold, pursuant to the terms of this license agreement.

 

 

 

The term “Choir Prodigy Licensed Application” as used in this Choir Prodigy

 

End User License Agreement, includes: (1) the basic Choir Prodigy

 

application software, including any free feature set and any limited

 

number of free songs and/or lessons or tutorials (the “Basic Application”) (2) Songs, lessons, tutorials and text contained within any version of Choir Prodigy (3) the text, artwork and graphics, both still and dynamic, which accompany, illustrate and explain the application, its

 

features and musical choices (“Text and Graphics”) (4) all software code

 

and scripts which create the functionality and user interface for the

 

application (“Software”), (5) copyrighted and otherwise protected song

 

lyrics, music, musical performances, transcriptions for that music, album

 

covers and other artwork, some of which is owned by third parties

 

(“Music”) and (6) all other software in the application.

 

 

 

TWH reserves all rights in and to every aspect of the Choir Prodigy Licensed Application not expressly granted to you in this license.

 

 

 

You acknowledge and agree that this Choir Prodigy End User License Agreement is concluded between you and TWH only, and not between you and Apple Computer, and that TWH, not Apple, is solely responsible for the Choir Prodigy Licensed Application and the content thereof. In the event that any provision of this Choir Prodigy End User License Agreement or the Choir Prodigy Terms of Service are less restrictive than the Usage Rules set forth for Licensed Applications in the App Store Terms of Service as of the date of this Agreement (which terms you acknowledge you have had the opportunity to review), you agree that the more restrictive rules of

 

the App Store Terms of Service will apply and govern.

 

 

 

You further acknowledge and agree that to the extent any maintenance and

 

support for the Choir Prodigy app is to be provided to you, TWH alone is

 

responsible for providing any such maintenance and support services, as

 

may be specified in this Choir Prodigy End User License Agreement, or as

 

required under applicable law, and that Apple has no obligation

 

whatsoever to furnish any maintenance and support services with respect

 

to the Choir Prodigy Licensed Application.

 

 

 

Scope of License; Limited Grant

 

 

 

This license grants to you a limited, non-transferable, revocable license

 

to download and use the Choir Prodigy Licensed Application: (1) for personal, non-commercial use only, (2) for use

 

only on an iPad which you own or control and which

 

are compatible with the Choir Prodigy app, (3) for use otherwise not in

 

conflict with uses permitted by the App Store Product Usage Rules set

 

forth in the App Store Terms of Use and Service, (4) by you only within

 

the United States, the United Kingdom, Canada, Australia, New Zealand, the Republic of Ireland, Chile, Colombia, Costa Rica, Dominican Rep., Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Peru, Spain, Japan, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Netherlands, Portugal, Sweden, Brazil, Algeria, Angola, Anguilla, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Barbados, Belize, Bermuda, Bolivia, Botswana, Brunei Darussalam, Cayman Islands, Dominica, Egypt, Ghana, Grenada, Guyana, Iceland, India, Indonesia, Israel, Jamaica, Jordan, Kenya, Republic of Korea, Kuwait, Lebanon, Madagascar, Malaysia, Mali, Malta, Mauritius, Montserrat, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and The Grenadines, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Suriname, Switzerland, Taiwan, United Republic Of Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Uganda, United Arab Emirates, Uruguay, Venezuela, Vietnam, British Virgin Islands, or Yemen. (5) for use or play by only one person at a time, and (6) otherwise

 

compliant with App Store Rules, Terms and Conditions. The Choir Prodigy

 

Licensed Application is not licensed for or compatible with any other device or platforms, including, without limitation, notebook computers, desktop computers, or other mobile platforms and may not be downloaded or used on such platforms or in any other country. This license does not permit you to use the Choir Prodigy Licensed Application on any r iPad that you do not own or control, and you may not distribute or make the application available over a network where it could be used by multiple users at the same time.

 

 

 

You may not rent, lease, lend, sell, redistribute or sublicense the Choir

 

Prodigy Licensed Application. You may not copy (unless expressly

 

permitted by this license and the Terms of Service), decompile, reverse

 

engineer, disassemble, attempt to derive the source code of, modify, or

 

create derivative works of the Choir Prodigy Licensed Application, any

 

updates, or any part thereof (except as and only to the extent any

 

foregoing restriction is prohibited by applicable law or to the extent as

 

may be permitted by the licensing terms governing use of open sourced

 

components, if any, included within the Choir Prodigy Licensed

 

Application). Any attempt to do so is a violation of the rights of the

 

TWH and its licensors. If you breach this restriction, you may be subject

 

to prosecution and damages. The terms of the license will govern any

 

upgrades provided by TWH that replace and/or supplement the original

 

Product, unless such upgrade is accompanied by a separate license in

 

which case the terms of that license will govern.

 

 

 

Certain Taxes in Certain Countries

 

 

 

If you live in New Zealand, Chile, Colombia, Costa Rica, Dominican Rep., Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Japan, Peru, Argentina, Botswana, Egypt, India, Indonesia, Israel, Jamaica, Jordan, Kenya, Republic of Korea, Kuwait, Lebanon, Madagascar, Malaysia, Mali, Mauritius, Niger, Norway, Pakistan, Panama, Paraguay, Philippines, Quatar, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Taiwan, Thailand, Tunisia, Turkey, United Arab Emirates, Uruguay, Venezuela, or Vietnam and the government of any of those countries or any of their states, provinces, territories, subdivisions or municipalities imposes any tax of any kind (including consumption taxes, sales taxes, value added taxes, good and service taxes or use taxes) on electronic downloads or any other aspect of Choir Prodigy, you agree to pay that tax directly, and agree to indemnify TWH against any tax claims against it by any governmental body.

 

 

 

Access

 

 

 

You will need, at your own sole expense, to acquire the equipment, mobile

 

devices, access to the Apple Store and any other devices or services needed to connect to the Internet. You also acknowledge that your Internet provider or wireless carrier may charge you fees for messaging and/or other forms of access. Choir Prodigy is available only in the United States and even if available elsewhere is licensed only for download and use in the United States, the United Kingdom, Canada, Australia, New Zealand, the Republic of Ireland, Chile, Colombia, Costa Rica, Dominican Rep., Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Peru, Spain, Japan, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Netherlands, Portugal, Sweden, Brazil, Algeria, Angola, Anguilla, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Barbados, Belize, Bermuda, Bolivia, Botswana, Brunei Darussalam, Cayman Islands, Dominica, Egypt, Ghana, Grenada, Guyana, Iceland, India, Indonesia, Israel, Jamaica, Jordan, Kenya, Republic of Korea, Kuwait, Lebanon, Madagascar, Malaysia, Mali, Malta, Mauritius, Montserrat, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and The Grenadines, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Suriname, Switzerland, Taiwan, United Republic Of Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Uganda, United Arab Emirates, Uruguay, Venezuela, Vietnam, British Virgin Islands, or Yemen. You acknowledge that, due to varying Internet and wireless availability within the United States, the United Kingdom, Canada, Australia, New Zealand, the Republic of Ireland, Chile, Colombia, Costa Rica, Dominican Rep., Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Peru, Spain, Japan, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Netherlands, Portugal, Sweden, and Brazil. Choir Prodigy may not be accessible for download in every part of the United States, the United Kingdom, Canada, Australia, New Zealand, the Republic of Ireland, Chile, Colombia, Costa Rica, Dominican Rep., Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Peru, Spain, Japan, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Netherlands, Portugal, Sweden, Brazil, Algeria, Angola, Anguilla, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Barbados, Belize, Bermuda, Bolivia, Botswana, Brunei Darussalam, Cayman Islands, Dominica, Egypt, Ghana, Grenada, Guyana, Iceland, India, Indonesia, Israel, Jamaica, Jordan, Kenya, Republic of Korea, Kuwait, Lebanon, Madagascar, Malaysia, Mali, Malta, Mauritius, Montserrat, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and The Grenadines, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Suriname, Switzerland, Taiwan, United Republic Of Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Uganda, United Arab Emirates, Uruguay, Venezuela, Vietnam, British Virgin Islands, and Yemen at all times and may be further subject to service interruptions by your Internet or wireless provider or by interruptions by Choir Prodigy’s service providers or other interruptions to Choir Prodigy’s availability or to interruptions of services of the Apple Store.

 

 

 

Operating System Compatibilities of iPad.

 

 

 

The Choir Prodigy Basic Application is compatible with and licensed only

 

for use with iPads running 3.2+. The Basic Application may

 

not be compatible with future releases of operating systems for iPad without upgrades, which may not be immediately

 

available.

 

 

 

Download and Use of Third Party Music

 

 

 

The Choir Prodigy Licensed Application also enables you to purchase Music

 

for download to your iPadvia in app purchase in

 

the App Store. The Music is licensed to you, not sold and the use of the

 

word “purchase” in the App store means acquisition of a limited license,

 

not a sale. These downloads may include the trademarked names of bands,

 

musical artists or other musical groups, copyrighted thumbnails of album

 

covers or other artwork owned by third parties, copyrighted music,

 

lyrics, and text written or owned by third parties and other intellectual

 

property of third parties (“Third Party Music and Other Intellectual

 

Property”).

 

 

 

By accepting this Choir Prodigy End User License Agreement, you agree that

 

the Third Party Music and Other Intellectual Property which you choose to

 

download via in app purchase from the App Store is subject to the same

 

limited scope of license and the same limitations and restrictions as are

 

described above under Scope of License: Limited Grant. You further agree

 

not to copy or redistribute such Third Party Music or use it on a device

 

or platform other than as permitted by this license.

 

 

 

Third Party Music and Other Intellectual Property purchased by you in the

 

App Store may be downloaded and used by you only on mobile devices owned

 

or controlled by you and on no greater a number of devices owned or

 

controlled by you than is permitted by the Apple Store End User License

 

Agreement and the App Store Product Usage Rules applicable to non-iTunes

 

Plus Products within the Apple Store Terms of Use and Service agreement

 

you have entered into with Apple Computer, but in no case may you

 

download Music on a larger number of devices than is reasonably necessary

 

for your personal, non-commercial use.

 

 

 

This Choir Prodigy End User License Agreement does not license you to use

 

or play music or songs utilizing any aspect of Choir Prodigy, including

 

the Choir Prodigy Basic Application, unless you have

 

downloaded that music or those songs as part of a Music download

 

specifically intended for use on the Choir Prodigy application. This

 

limitation applies without regard to whether you have acquired or

 

purchased music or songs via the App Store for use with other iPad, iPod,

 

or iPad apps or devices or elsewhere, even if you have written the music

 

or songs yourself, and you are not permitted to do so. Any attempt by you

 

to use or play such otherwise acquired third-party music or songs

 

(including your own) using any feature or aspect of Choir Prodigy,

 

including the Basic Application, will automatically

 

void this license.

 

 

 

No Public Performance Rights for Third Party Music.

 

 

 

This Choir Prodigy End User License gives you the right to use the Music

 

you download from Choir Prodigy only for your own non-commercial, personal

 

use, such as for you own musical education, with or without an

 

instructor, to improve your playing abilities, to learn new songs or to

 

entertain a small group of friends in a strictly private setting such as

 

a home.

 

 

 

You may not perform the Music publicly under any circumstances, without

 

regard to whether or not you receive anything of value in exchange or

 

perform the music for free. Forbidden public performance includes playing

 

the music on your iPad in bars, karaoke bars,

 

restaurants, performance halls, stadiums, auditoriums or other such

 

venues, without regard to whether the audience in such places is composed

 

of people with whom you are acquainted.

 

 

 

Forbidden public performance also includes: (1) broadcasting your live

 

performance of the Music on your iPad or any other

 

device or any portion of the Music by any means (including radio,

 

television and the Internet), or (2) recording your performance of the

 

Music or any portion of it on any medium, whether digital or analog,

 

whether by audio or video recording, and then transmitting or showing or

 

broadcasting that performance via any publicly available viewing platform

 

or site, such as a television or radio broadcast, or in movie theaters.

 

 

 

Consent to Use of Data and Public Display of Certain Data

 

 

 

You agree that TWH, the owner of Choir Prodigy, may collect and use non-

 

personally identifiable technical data and related information, including

 

but not limited to technical information that identifies your mobile

 

device, operating systems, application software and peripherals, that is

 

gathered periodically to facilitate the provision of software updates,

 

product support and other services to you (if any) related to the Choir

 

Prodigy Licensed Application TWH may also gather non-personally

 

identifiable usage statistics, including song and feature downloads. TWH

 

may use this information, as long as it is in a form that does not

 

personally identify you, to improve its products or to provide services

 

or technologies to you and we may share anonymous aggregate data with our

 

third party service providers. All data gathered is collected, used,

 

stored and transmitted in compliance with TWH’s Privacy Policy, which can

 

be found at; http://www.Choirprodigy.com. If

 

anything in this section is in conflict with that Privacy Policy, TWH’s

 

Privacy Policy will control.

 

 

 

If you participate in online services, such as social networks to which

 

you upload or download comment or ask Choir Prodigy to post information

 

concerning you, such as your musical Performance Results see Choir

 

Prodigy Terms of Use and Service for more details on Performance Results

 

(including scores, rankings and achievements) such as online play or the

 

downloading of content, TWH may collect, store, use, transmit and

 

publicly display statistical data regarding such content and postings and

 

may also share it with TWH’s third party providers. All data gathered is

 

collected, used, stored and transmitted in compliance with TWH’s Privacy

 

Policy, which can be found at; http://www.Choirprodigy.com.

 

 

 

Offensive Musical or Video Material

 

 

 

You understand that in using Choir Prodigy, you may encounter content,

 

including downloaded musical lyrics, video clips or other materials, that

 

you or others who may be within hearing or viewing while you are using

 

Choir Prodigy, may deem to be offensive, indecent, or objectionable, and

 

that such content may not be identified in advance as having explicit or

 

offensive language. Nevertheless, you agree that you will use Choir

 

Prodigy at your sole risk and that TWH shall not have any liability to

 

you for content that you or others within hearing or viewing may find

 

offensive, indecent, or objectionable. If you believe that children under

 

the age of 13, or other persons for whom lyrics of a song might be

 

inappropriate or offensive will be able to overhear the Music, it is your

 

obligation to listen to the lyrics of the song before permitting such

 

persons to hear it and then to do so at your own risk.

 

 

 

Services; Third Party Materials.

 

 

 

The Choir Prodigy Licensed Application will enable access to TWH’s own

 

website as well as third party services and web sites (collectively and

 

individually, “Services”). Use of the Services may require Internet

 

access and that you accept additional terms of service.

 

 

 

You understand that by using any of the Services, you may encounter

 

content that may be deemed offensive, indecent, or objectionable, which

 

content may or may not be identified as having explicit language, and

 

that the results of any search or entering of a particular URL may

 

automatically and unintentionally generate links or references to

 

objectionable material. Nevertheless, you agree to use the Services at

 

your sole risk and that TWH shall have no liability to you for content

 

that may be found to be offensive, indecent, or objectionable.

 

 

 

Certain Services may display, include or make available content, data,

 

information, applications or materials from third parties (“Third Party

 

Materials”) or provide links to certain third party web sites. By using

 

the Services, you acknowledge and agree that TWH is not responsible for

 

examining or evaluating the content, accuracy, completeness, timeliness,

 

validity, copyright compliance, legality, decency, quality or any other

 

aspect of such Third Party Materials or web sites. TWH does not warrant

 

or endorse and does not assume and will not have any liability or

 

responsibility to you or any other person for any third-party Services,

 

Third Party Materials or web sites, or for any other materials, products,

 

or services of third parties. Third Party Materials and links to other

 

web sites are provided solely as a convenience to you.

 

 

 

You agree that the Services contain proprietary content, information and

 

material that is protected by applicable intellectual property and other

 

laws, including but not limited to copyright, and that you will not use

 

such proprietary content, information or materials in any way whatsoever

 

except for permitted use of the Services. No portion of the Services may

 

be reproduced in any form or by any means. You agree not to modify, rent,

 

lease, loan, sell, distribute, or create derivative works based on the

 

Services, in any manner, and you shall not exploit the Services in any

 

unauthorized way whatsoever, including but not limited to, by trespass or

 

burdening network capacity. You further agree not to use the Services in

 

any manner to harass, abuse, stalk, threaten, defame or otherwise

 

infringe or violate the rights of any other party, and that TWH is not in

 

any way responsible for any such use by you, nor for any harassing,

 

threatening, defamatory, offensive or illegal messages or transmissions

 

that you may receive as a result of using any of the Services.

 

 

 

In addition, third party Services and Third Party Materials that may be

 

accessed from, displayed on or linked to from

 

iPad are not available in all languages or in all countries. TWH makes no

 

representation that such Services and Materials are appropriate or

 

available for use in any particular location. To the extent you choose to

 

access such Services or Materials, you do so at your own initiative and

 

are responsible for compliance with any applicable laws, including but

 

not limited to applicable local laws. TWH and its licensors, reserve the

 

right to change, suspend, remove, or disable access to any Services at

 

any time without notice. In no event will TWH be liable for the removal

 

of or disabling of access to any such Services. TWH may also impose

 

limits on the use of or access to certain Services, in any case and

 

without notice or liability.

 

 

 

Termination

 

 

 

This license is effective until terminated by you or TWH. Your rights

 

under this license will terminate automatically without notice from TWH

 

if you fail to comply with any term(s) of this license, including

 

attempting to publicly perform the music. TWH may terminate this license

 

without notice if it learns or suspects that you are attempting to copy

 

or modify the Basic Application, Text and Graphics,

 

Software or Music or any other aspect of Choir Prodigy unless you are

 

otherwise authorized to do so. Upon termination of the license, you shall

 

cease all use of the Licensed Application and destroy all copies, full or

 

partial, of the Choir Prodigy Licensed Application, including all third

 

party Music and other materials that you have downloaded

 

 

 

NO WARRANTY

 

 

 

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CHOIR PRODIGY LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE CHOIR PRODIGY LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TWH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. TWH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE

 

LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND TWH CONFIRMS THAT TO THE EXTENT

 

THIS DISCLAIMER FAILS OR IS REQUIRED BY APPLICABLE LAW AND THAT ANY

 

MAINTENANCE OR SUPPORT MUST BE PROVIDED TO YOU IN CONNECTION WITH THE CHOIR PRODIGY APPLICATION, TWH SHALL BE SOLELY RESPONSIBLE. APPLE SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE CHOIR PRODIGY APPLICATION UNDER ANY CIRCUMSTANCES.

 

 

 

IN THE EVENT OF ANY FAILURE OF THE LICENSED APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE LICENSED APPLICATION TO YOU. YOU ACKNOWLEDGE AND TWH CONFIRMS THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER TO YOU OR TO TWH WITH RESPECT TO THE CHOIR PRODIGY LICENSED APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE THE SOLE RESPONSIBILITY OF TWH .

 

 

 

LIMITATION OF LIABILITY

 

 

 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TWH BE LIABLE FOR PERSONAL INJURY (INCLUDING, WITHOUT LIMITATION, LOSS OR DAMGE TO HEARING OR PHYSICAL OR EMOTIONAL INJURY OF ANY KIND FROM PLAYING ANY INSTRUMENT USED WHILE UTILIZING CHOIR PRODIGY) OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF TWH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TOYOU. IN NO EVENT SHALL TWH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES

 

(OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING

 

PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE

 

FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

 

 

YOU ACKNOWLEDGE AND TWH CONFIRMS THAT, TO THE EXTENT YOUR CLAIMS ARE PROHIBITED BY LAW FROM EXCLUSION BY THE ABOVE LIMITATION OF LIABILITY OR EXCLUDED FOR ANY OTHER REASON, TWH, NOT APPLE, IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR BY ANY THIRD PARTY RELATING TO THE CHOIR PRODIGY LICENSED APPLICATION OR YOUR POSSESSION AND/OR USE OF THAT APPLICATION, INCLUDING, BUT NOT LIMITED TO: (A) PRODUCT LIABILITY CLAIMS; (B) ANY CLAIM THAT THE CHOIR PRODIGY LICENSED APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (C) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

 

 

 

No Export

 

 

 

You may not export this Choir Prodigy licensed application outside the

 

United States, the United Kingdom, Canada, Australia, New Zealand, the Republic of Ireland, Chile, Colombia, Costa Rica, Dominican Rep., Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Peru, Spain, Japan, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Netherlands, Portugal, Sweden, Brazil, Algeria, Angola, Anguilla, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Barbados, Belize, Bermuda, Bolivia, Botswana, Brunei Darussalam, Cayman Islands, Dominica, Egypt, Ghana, Grenada, Guyana, Iceland, India, Indonesia, Israel, Jamaica, Jordan, Kenya, Republic of Korea, Kuwait, Lebanon, Madagascar, Malaysia, Mali, Malta, Mauritius, Montserrat, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and The Grenadines, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Suriname, Switzerland, Taiwan, United Republic Of Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Uganda, United Arab Emirates, Uruguay, Venezuela, Vietnam, British Virgin Islands, or Yemen. If atany time TWH chooses to permit download of the Choir Prodigy Application outside those countries or export of the app outside those countries via

 

notice to you, then you still may not use or otherwise export or re-

 

export the Choir Prodigy Licensed Application except as authorized by the

 

laws of the United States, the United Kingdom, Canada, Australia, New Zealand, the Republic of Ireland, Chile, Colombia, Costa Rica, Dominican Rep., Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Peru, Spain, Japan, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Netherlands, Portugal, Sweden, Brazil, Algeria, Angola, Anguilla, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Barbados, Belize, Bermuda, Bolivia, Botswana, Brunei Darussalam, Cayman Islands, Dominica, Egypt, Ghana, Grenada, Guyana, Iceland, India, Indonesia, Israel, Jamaica, Jordan, Kenya, Republic of Korea, Kuwait, Lebanon, Madagascar, Malaysia, Mali, Malta, Mauritius, Montserrat, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and The Grenadines, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Suriname, Switzerland, Taiwan, United Republic Of Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Uganda, United Arab Emirates, Uruguay, Venezuela, Vietnam, British Virgin Islands, or Yemen. In particular, but without limitation, the Licensed Application

 

may not be exported or re-exported (a) into any U.S.-embargoed countries

 

or (b) to anyone on the U.S. Treasury Department’s Specially Designated

 

Nationals List or the U.S. Department of Commerce Denied Persons List or

 

Entity List. You represent and warrant that (i) you are not located in a

 

country that is subject to a U.S. Government embargo, or that has been

 

designated by the U.S. Government as a “terrorist supporting” country;

 

and (ii) you not listed on any U.S. Government list of prohibited or

 

restricted parties, or (c) to any country that is not a signatory to the Patent Cooperation Treaty. You also agree that you will not use this product for

 

any purposes prohibited by United States law.

 

 

 

Complying with Third Party Terms of Agreement

 

 

 

To the extent you use any third-party software, service or application,

 

including, without limitation, those of software manufactures, operating

 

systems, internet service providers, wireless service providers

 

(including VoIP applications) or social networks, you agree to comply

 

fully with any and all applicable third party terms of agreement before

 

using the Choir Prodigy Application and not otherwise to violate any third

 

party agreements you may have.

 

 

 

U.S. Government Use

 

 

 

The Licensed Application and related documentation are “Commercial

 

Items”, as that term is defined at 48 C.F.R. ß2.101, consisting of

 

“Commercial Computer Software” and “Commercial Computer Software

 

Documentation”, as such terms are used in 48 C.F.R. ß12.212 or 48 C.F.R.

 

ß227.7202, as applicable. Consistent with 48 C.F.R. ß12.212 or 48 C.F.R.

 

ß227.7202-1 through 227.7202-4, as applicable, the Commercial Computer

 

Software and Commercial Computer Software Documentation are being

 

licensed to U.S. Government end users (a) only as Commercial Items and

 

(b) with only those rights as are granted to all other end users pursuant

 

to the terms and conditions herein. Unpublished-rights reserved under the

 

copyright laws of the United States.

 

 

 

Compliance with Terms of Use and Service

 

 

 

You agree to comply with all Terms of Use and Service, including, without

 

limitation, the restrictions on user names and passwords for use of the

 

Choir Prodigy Website and further including any updates or changes to ChoirProdigy’s Terms of Use and Service which may be posted in the future on

 

the Choir Prodigy Website.

 

 

 

California Law

 

 

 

The laws of the State of California, excluding its conflicts of law

 

rules, govern this license and your use of the Choir Prodigy Licensed

 

Application. Your use of the Licensed Application may also be subject to

 

other local, state, national, or international laws.

 

 

 

Apple Computer as a Third Party Beneficiary of this Agreement

 

 

 

You agree and TWH confirms that Apple Computer and Apple’s subsidiaries

 

are third party beneficiaries of this Choir Prodigy End User License

 

Agreement and that, upon your acceptance of the terms and conditions of

 

this Agreement, Apple will have the right (and will be deemed to have

 

accepted the right) to enforce this Choir Prodigy End User License

 

Agreement against you as a third party beneficiary thereof. No other

 

person or entity is a third party beneficiary of this Agreement.

 

 

 

Questions, Complaints, or Claims

 

 

 

The Choir Prodigy Application is owned by The Way of H, Inc. Any

 

questions, complaints or claims with regard to the application or this

 

Choir Prodigy End User License Agreement should be directed to TWH at:

 

 

 

The Way of H, Inc.

 

4335 Van Nuys Blvd

 

Suite 308

 

Sherman Oaks, CA 91403

 

contact@Choirprodigy.com

 

 

 

Inquiries sent by email are likely to be responded to more promptly than

 

inquiries received by mail or phone.

 

 

 

II. CHOIR PRODIGY TERMS OF USE AND SERVICE

 

 

 

REQUIREMENTS FOR USE OF CHOIR PRODIGY(TM)

 

 

 

Choir Prodigy is available for individuals aged 13 years or older. If you

 

are 13 or older but under the age of 18, you should review this Agreement

 

with your parent or guardian to make sure that you and your parent or

 

guardian understand it.

 

 

 

Choir Prodigy(TM) is owned by The Way of H, Inc. (“TWH”). References in these

 

terms of use and service referring to TWH also refer to Choir Prodigy, and

 

references to Choir Prodigy also refer to TWH and its subsidiaries and

 

affiliates.

 

 

 

These Terms of Use and Service are applicable for access to and use of

 

Choir Prodigy software and its products via the App Store (the only place

 

at which you may download Choir Prodigy software, Premium Features, songs,

 

lessons or other products) and to your registration and use of the Choir

 

Prodigy Website, should you choose to register there or otherwise use the

 

Choir Prodigy website. These Terms of Use and Service are also applicable

 

to the Choir Prodigy Website at www.Choirprodigy.com, should you choose toaccess that website.

 

 

 

Choir Prodigy is available to you only in the United States, the United Kingdom, Canada, Australia, New Zealand, the Republic of Ireland, Chile, Colombia, Costa Rica, Dominican Rep., Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Peru, Spain, Japan, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Netherlands, Portugal, Sweden, Brazil, Algeria, Angola, Anguilla, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Barbados, Belize, Bermuda, Bolivia, Botswana, Brunei Darussalam, Cayman Islands, Dominica, Egypt, Ghana, Grenada, Guyana, Iceland, India, Indonesia, Israel, Jamaica, Jordan, Kenya, Republic of Korea, Kuwait, Lebanon, Madagascar, Malaysia, Mali, Malta, Mauritius, Montserrat, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and The Grenadines, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Suriname, Switzerland, Taiwan, United Republic Of Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Uganda, United Arab Emirates, Uruguay, Venezuela, Vietnam, British Virgin Islands, and Yemen. You agree not to use or attempt to use Choir Prodigy from outside these locations. Apple Computer, with whom you have a signed an End User License Agreement and Terms of Use and Service, may use technologies to verify your compliance. Choir Prodigy may also use such technology.

 

 

 

Use of Choir Prodigy requires an iPad running 3.2+, plus

 

download of the basic (free) Choir Prodigy software from Apple’s App Store

 

via the Internet. Choir Prodigy may not be compatible with later operating

 

system releases on any of these mobile devices. The Choir Prodigy software

 

may from time to time require updates, which you may access in the App

 

Store.

 

 

 

The free version of Choir Prodigy, with a limited feature set and a

 

limited number of public domain songs or lessons is available for

 

download in the App Store. The feature set, songs, lessons and other

 

products available for free in the App Store may be changed by Choir

 

Prodigy without notice.

 

 

 

 

 

YOUR CHOIR PRODIGY ACCOUNT

 

 

 

Don’t reveal or share your user name, password or other Account

 

information with anyone else. You are solely responsible for maintaining

 

the confidentiality and security of your Account and for all activities

 

that occur on or through your Account, and you agree to notify Choir

 

Prodigy immediately of any security breach of your Account. Neither Choir

 

Prodigy nor Apple will be responsible for any losses arising out of the

 

unauthorized use of your Account. You are completely responsible for

 

loss or theft any of your email address, user name and password, and Choir

 

Prodigy shall have no liability for the consequences of such loss or

 

theft.

 

 

 

If you lose your user name or password, you may send an email to Choir

 

Prodigy at contact@Choirprodigy.com asking that one or both be emailed to

 

you. The information will be emailed to you at the email address with

 

which you have registered and to no other. If you do not have access to

 

your email account at the time you request that your lost user name or

 

password be sent to you, you will not be able to retrieve them until you

 

have access to your email. If another person uses your email account to

 

request your user name and/or password and then uses that information to

 

order Choir Prodigy features, songs, lessons or other Choir Prodigy

 

products, neither Apple nor Choir Prodigy will refund the purchase price

 

to you. Consequently, you should not share your email password with

 

anyone and should take proper measures to protect it from discovery or

 

theft by others. If you believe your email address is being improperly

 

used, you should notify us immediately via email at the email address

 

listed, or, if email is unavailable to you by overnight delivery or by

 

U.S. mail express mail at the email address or postal address listed.

 

 

 

You agree to provide accurate and complete information requested when you

 

register with Choir Prodigy and during your use of Choir Prodigy

 

(“Registration Data”), and you agree to update your Registration Data in

 

order to keep it accurate and complete. You agree that Choir Prodigy may

 

use the Registration Data you provide to maintain and monitor your

 

Account, including monitoring for misuse of the account or the Choir

 

Prodigy software.

 

 

 

PRIVACY

 

 

 

Except as otherwise stated in this Agreement, Choir Prodigy is subject to

 

Choir Prodigy’s Privacy Policy at http://www.Choirprodigy.com.

 

 

 

Choir Prodigy may use information acquired from your account, when

 

combined in the aggregate with information from other users’ accounts, to

 

monitor the effectiveness of its systems, to gather aggregate data as to

 

demand for features and songs, and for other such related purposes. We

 

may also monitor your account to assure your compliance with these Terms

 

of Use and Service and the Choir Prodigy End User License Agreement.

 

 

 

We will not communicate with you directly unless you opt in to our doing

 

so or request us to do so by, for example, emailing us to assist with

 

recovering a password or user name, for additional information on Choir

 

Prodigy or to ask for other types of assistance or information.

 

Currently, no opt-in feature is available. From time to time we may also

 

provide the opportunity in the App Store to download an upgrade to the

 

Choir Prodigy software. In some cases, if you download an upgrade, you may

 

have to re-download songs, lessons or other features which you have

 

purchased.

 

 

 

CONTENT AVAILABILITY

 

 

 

Choir Prodigy reserves the right to change, at any time, the price,

 

availability or terms of songs, lessons, or other Choir

 

Prodigy products, as well as features or functionality of the Choir

 

Prodigy software, including on the free Choir Prodigy download available

 

in the App Store.

 

 

 

AVAILABILITY OF NEW SONGS, FEATURES, LESSONS AND OTHER PRODUCTS

 

 

 

Choir Prodigy will, from time to time, make changes to the songs, lessons

 

and exercises available for use within Choir Prodigy. Those updates will

 

automatically be displayed in the app

 

itself. In addition, Choir Prodigy will also, from time to time, list

 

updated content and features on its website that are available in the App

 

Store as well as the availability in the App Store of software upgrades.

 

You may check the Choir Prodigy website at www.Choirprodigy.com on a

 

regular basis to check for these.

 

 

 

SECURITY TECHNOLOGY

 

 

 

You agree that Choir Prodigy software and/or its downloadable products may

 

include or be monitored by security technology that tracks or limits your

 

use of the software or the products for purposes of protecting the rights

 

of Choir Prodigy in the software and the rights of both Choir Prodigy and

 

third parties in the products. You further agree that, without regard to

 

the presence of security technology, you shall use Choir Prodigy and its

 

downloadable products only in compliance with these usage and service

 

rules and in compliance with the Choir Prodigy End User License Agreement.

 

Any other use of the Choir Prodigy Software or products may constitute

 

copyright infringement and patent infringement, including the

 

intellectual property rights of third parties.

 

 

 

Any security technology which may be present is an inseparable part of

 

Choir Prodigy and its products. Choir Prodigy reserves the right to modify

 

these Terms of Use and Service at any time.

 

 

 

You agree not to violate, circumvent, reverse-engineer, decompile,

 

disassemble, or otherwise tamper with any of the Choir Prodigy Software,

 

downloadable songs, lessons, products or security technology for any

 

reason, or attempt to assist or assist another person to do so. Choir

 

Prodigy Terms of Use and Service may be controlled and monitored by Choir

 

Prodigy for compliance purposes, and Choir Prodigy reserves the right to

 

enforce the usage rules without notice to you. You agree not to access

 

Choir Prodigy by any means other than through software that is provided by

 

Apple in the App Store for accessing Choir Prodigy. You shall not access

 

or attempt to access an Account that you are not authorized to access or

 

to let any other person access or use your Account. You agree not to

 

modify the software in any manner or form, or to use self-modified or

 

third party-modified versions of the software for any purposes including

 

obtaining unauthorized access to Choir Prodigy or to its features, songs,

 

lessons or any other aspect of Choir Prodigy. Violations of these Usage

 

Rules may result in termination of your account and civil or criminal

 

liability.

 

 

 

USAGE RULES

 

 

 

(i) You are authorized to use Products only for your personal,

 

noncommercial use on a compatible iPad, each of

 

which is owned or controlled by you.

 

 

 

(ii) You are authorized to download Choir Prodigy software and products to

 

no greater a number of such devices than are authorized by the Usage

 

Rules in the Terms of Use and Service which you have entered into with

 

Apple Computer, but in no case more than are reasonably necessary for

 

personal use in learning to or practicing to sing, improving your singing,

 

learning new songs or entertaining your friends in a private setting. The

 

ability to download a Choir Prodigy product, including songs, to more than

 

one device owned or controlled by you is purely an accommodation to you

 

and shall not constitute a grant, waiver, or other limitation of any

 

rights of the copyright owners in any content embodied in any product,

 

including songs, lessons, Premium Features or the Choir Prodigy software

 

itself.

 

 

 

If you purchase a Choir Prodigy product (including songs, feature sets and

 

other products) and lose the device or devices on which you have

 

downloaded the product or products, or become unable for any reason to

 

access the Choir Prodigy products you have purchased (licensed), they will

 

not normally be replaced without charge. Once a Choir Prodigy product is

 

downloaded, it is your responsibility not to lose it, destroy it, damage

 

it, or render it inaccessible or inoperable, and Choir Prodigy shall not

 

be liable to you if you do so and shall not be obligated to replace it

 

unless you purchase it again. The delivery of Choir Prodigy products,

 

, songs, lessons and other products does not

 

transfer to you any commercial, promotional, public performance or

 

personal ownership rights in those products, and does not permit you to

 

burn the software, songs, lessons features or other Choir Prodigy products

 

into any device or platform unless you have downloaded the product from

 

the App Store, paid for it if it is a purchasable (licensable) product,

 

and downloaded it for your personal use only onto an authorized device

 

that you own or control.

 

 

 

You acknowledge that, because some aspects of Choir Prodigy products, and

 

administration of the App Store Usage Rules entails the ongoing

 

involvement of Apple, if Apple changes any part of those Usage Rules or

 

discontinues Choir Prodigy, which Apple may do at its election, you may

 

not be able to use Choir Prodigy products to the same extent as prior to

 

such change or discontinuation, or at all, and that neither Apple nor

 

Choir Prodigy shall have any liability to you in such case.

 

 

 

 

 

POSTING COMMENTS ON CHOIR PRODIGY WEBSITE

 

 

 

The Choir Prodigy website, which you may choose to access if you wish, may

 

in the future offer the opportunity to post comments on areas of Choir

 

Prodigy accessible to and viewable by the public. You agree that any use

 

by you of such features, including any comments submitted by you, shall

 

be your sole responsibility, shall not infringe or violate the rights of

 

any other party or violate any laws, contribute to or encourage

 

infringing or otherwise unlawful conduct, or otherwise be obscene,

 

objectionable, or in poor taste. Choir Prodigy reserves the right not to

 

post or publish any comments you attempt to place on its website, and to

 

remove or edit any material, at any time in its sole discretion without

 

notice or liability.

 

 

 

MONITORING OF CHOIR PRODIGY WEBSITE

 

 

 

TWH, the owner of Choir Prodigy, has the right, but not the obligation, to

 

monitor any materials submitted by you or otherwise available on Choir

 

Prodigy, to investigate any reported or apparent violation of this

 

Agreement, and to take any action that TWH in its sole discretion deems

 

appropriate, including, without limitation, termination of your Choir

 

Prodigy registration.

 

 

 

THIRD-PARTY MATERIALS

 

 

 

Certain content, Products, and services available on the Choir Prodigy

 

Website may include materials from third parties. Choir Prodigy may

 

provide links to third-party websites as a convenience to you. You agree

 

that Choir Prodigy is not responsible for examining or evaluating the

 

content or accuracy and Choir Prodigy does not warrant and will not have

 

any liability or responsibility for any third-party materials or

 

websites, or for any other materials, products, or services of third

 

parties. You agree that you will not use any third-party materials in a

 

manner that would infringe or violate the rights of any other party and

 

neither Choir Prodigy nor Apple is in any way responsible for any such use

 

by you.

 

 

 

OBJECTIONABLE MATERIAL

 

 

 

You understand that by using Choir Prodigy, you may encounter material

 

that you may deem to be offensive, indecent, or objectionable, and that

 

such content may or may not be identified as having explicit material.

 

Nevertheless, you agree to use Choir Prodigy at your sole risk and TWH

 

shall have no liability to you for material that may be found to be

 

offensive, indecent, or objectionable. Product types and descriptions are

 

provided for convenience, and you agree that Choir Prodigy does not

 

guarantee their accuracy.

 

 

 

INTELLECTUAL PROPERTY

 

 

 

You agree that Choir Prodigy, including but not limited to Products,

 

graphics, user interface, audio clips, video clips, songs, music,

 

lessons, editorial content, and the scripts and software used to

 

implement Choir Prodigy, contains proprietary information and material

 

that is owned by Choir Prodigy and/or its licensors, and is protected by

 

applicable intellectual property and other laws, including but not

 

limited to copyright. You agree that you will not use such proprietary

 

information or materials in any way whatsoever except for use of Choir

 

Prodigy in compliance with this these Terms of Use and Service and the

 

Choir Prodigy End User License Agreement. No portion of Choir Prodigy may be reproduced in any form or by any means, except as expressly permitted

 

in these terms. You agree not to modify, rent, lease, loan, sell,

 

distribute, or create derivative works based on Choir Prodigy in any

 

manner, and you shall not exploit Choir Prodigy in any unauthorized way

 

whatsoever, including, but not limited to, by trespass or burdening Choir

 

Prodigy’s network capacity.

 

 

 

Notwithstanding any other provision of this Agreement, both Apple and

 

Choir Prodigy and its licensors reserve the right to change, suspend,

 

remove, or disable access to any Products, content, or other materials

 

comprising a part of Choir Prodigy at any time without notice, including

 

available songs, lessons and other performance pieces. In no event will

 

either Apple or Choir Prodigy be liable for making these changes. Apple

 

and/or Choir Prodigy may also impose limits on the use of or access to

 

certain features or portions of Choir Prodigy, in any case and without

 

notice or liability.

 

 

 

All copyrights in and to Choir Prodigy (including the compilation of

 

content, postings, links to other Internet resources, and descriptions of

 

those resources) and related software are owned by TWH and/or its

 

licensors, who reserve all their rights in law and equity. THE USE OF THE

 

SOFTWARE OR ANY PART OF CHOIR PRODIGY, EXCEPT FOR USE OF CHOIR PRODIGY AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF TWH AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

 

 

 

Trademarks, service marks, graphics, and logos used in connection with

 

Choir Prodigy, including the design of screen shots, are trademarks of

 

TWH. Other trademarks, service marks, graphics, and logos used in

 

connection with Choir Prodigy may be the trademarks of their respective

 

owners. You are granted no right or license with respect to any of the

 

aforesaid trademarks and any use of such trademarks.

 

 

 

As an Account holder of Choir Prodigy in good standing, you may be

 

provided with limited access to download certain art and

 

textual descriptions for music stored in the Choir Prodigy application.

 

Such access is provided as an accommodation only, and Choir Prodigy does

 

not warrant, and will not have any liability or responsibility for, such

 

album cover art or your use thereof.

 

 

 

TERMINATION

 

 

 

If you fail, or Choir Prodigy suspects that you have failed, to comply

 

with any of the provisions of this Agreement (including, without limitation, your use of the application in countries in which it is not authorized to be downloaded or used or your permitting others to use the application in such countries), Choir Prodigy, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii)

 

terminate the license to the software; and/or (iii) preclude access to Choir Prodigy (or any part thereof).

 

 

 

TWH reserves the right to modify, suspend, or discontinue Choir Prodigy

 

(or any part or content thereof) at any time with or without notice to you, and TWH will not be liable to you or to any third party should it exercise such rights.

 

 

 

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

 

 

 

CHOIR PRODIGY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF CHOIR PRODIGY WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME CHOIR PRODIGY MAY REMOVE CHOIR PRODIGY SOFTWARE AND/OR FEATURES OR SONGS LISTS FOR INDEFINITE PERIODS OF TIME, OR CANCEL CHOIR PRODIGY OR ANY OF ITS SOFTWARE AND/OR FEATURES OR SONG LISTS IN ITS OR THEIR ENTIRETY AT ANY TIME, WITHOUT NOTICE TO YOU.

 

 

 

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, CHOIR PRODIGY IS AT YOUR SOLE RISK. CHOIR PRODIGY AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH CHOIR PRODIGY ARE (EXCEPT AS EXPRESSLY STATED BY CHOIR PRODIGY) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

 

 

 

IN NO CASE SHALL CHOIR PRODIGY, ITS DIRECTORS, OFFICERS, EMPLOYEES,

 

AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT,

 

INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF CHOIR PRODIGY’S SOFTWARE OF FEATURES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF CHOIR PRODIGY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CHOIR PRODIGY, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CHOIR PRODIGY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

 

 

CHOIR PRODIGY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION

 

SUBMITTED BY YOU IN CONNECTION WITH CHOIR PRODIGY, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CHOIR PRODIGY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION, INCLUDING YOUR PERFORMANCE SCORES, IN ANY WAY.

 

 

 

CHOIR PRODIGY DOES NOT REPRESENT OR GUARANTEE THAT CHOIR PRODIGY WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, ANDCHOIR PRODIGY DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN BE DOWNLOADED ONLY ONCE UNLESS OTHERWISE SPECIFICALLY PERMITTED BY THESE TERMS OF USE AND SERVICE AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON UNLESS CHOIR PRODIGY, IN ITS SOLE DISCRETION, DECIDES TO MAKE AN EXCEPTION FOR YOU. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CHOIR PRODIGY PRODUCTS PURCHASED OR RENTED FROM THE APP STORE THAT ARE STORED IN YOUR SYSTEM.

 

 

 

THESE DISCLAIMERS AND LIABILITY LIMITATIONS ARE EQUALLY APPLICABLE TO THE CHOIR PRODIGY END USER LICENSE AGREEMENT AND THE TERMS OF USE AND SERVICE.

 

 

 

WAIVER AND INDEMNITY

 

 

 

BY USING CHOIR PRODIGY, YOU AGREE TO INDEMNIFY AND HOLD CHOIR PRODIGY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF CHOIR PRODIGY, OR ANY ACTION TAKEN BY CHOIR PRODIGY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM CHOIR PRODIGY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO CHOIR PRODIGY, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CHOIR PRODIGY ‘S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT

 

HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL

 

VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

 

 

 

YOU ALSO AGREE TO INDEMNIFY AND HOLD CHOIR PRODIGY, ITS DIRECTORS,

 

OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES AND

 

LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS AGAINST IT WHICH ARISE OUT OF, RELATE TO, OR ARE CONNECTED WITH ANY CLAIMS AGAINST CHOIR PRODIGY CONCERNING ALLEGTIONS THAT YOU HAVE INFRINGED OR PERMITTED OTEHRS TO INFRINGE OR VIOLATE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, INCLUDING THE RIGHTS OF CHOIR PRODIGY’S LICENSORS.

 

 

 

THIS WAIVER AND INDEMNITY ARE EQUALLY APPLICABLE TO THE CHOIR PRODIGY END USER LICENSE AGREEMENT AND THE TERMS OF USE AND SERVICE.

 

 

 

CHANGES

 

 

 

Choir Prodigy reserves the right at any time to modify this Agreement and

 

to impose new or additional terms or conditions on your use of Choir

 

Prodigy. Such modifications and additional terms and conditions will be

 

effective immediately and incorporated into this Agreement. Your

 

continued use of Choir Prodigy will be deemed acceptance thereof.

 

 

 

MISCELLANEOUS

 

 

 

This Agreement constitutes the entire agreement between you and Choir

 

Prodigy and governs your use of Choir Prodigy, superseding any prior

 

agreements between you and Choir Prodigy. You also may be subject to

 

additional terms and conditions that may apply when you use affiliate

 

services, third-party content, or third-party software. If any part of

 

this Agreement is held invalid or unenforceable, that portion shall be

 

construed in a manner consistent with applicable law to reflect, as

 

nearly as possible, the original intentions of the parties, and the

 

remaining portions shall remain in full force and effect. Choir Prodigy’s

 

failure to enforce any right or provisions in this Agreement will not

 

constitute a waiver of such or any other provision. Choir Prodigy will not

 

be responsible for failures to fulfill any obligations due to causes

 

beyond its control.

 

 

 

Choir Prodigy is operated by TWH from its offices in the United States.

 

You agree to comply with all local, state, federal, and national laws,

 

statutes, ordinances, and regulations that apply to your use of Choir

 

Prodigy. All transactions on Choir Prodigy are governed exclusively by

 

California law, without giving effect to its conflict of law provisions.

 

Your use of Choir Prodigy may also be subject to other laws. You expressly

 

agree that exclusive jurisdiction and venue for any claim or dispute

 

(“Action”) with or against Choir Prodigy or with or against Apple or

 

relating in any way to, or arising in any way from, your use of Choir

 

Prodigy, the Choir Prodigy End User License Agreement, the Terms of Use of

 

Service or Choir Prodigy’s Privacy Policy reside exclusively in the courts

 

of the State of California and that any Action of any kind brought

 

against Choir Prodigy, but not Apple, may be brought only in the courts of

 

Los Angeles County, California, and that the courts located in Los

 

Angeles County, California shall have exclusive jurisdiction over any

 

such Actions and that venue shall be proper only in those courts. Risk of

 

loss and title for all electronically delivered transactions pass to the

 

purchaser in California upon electronic transmission to the recipient. No

 

Choir Prodigy employee or agent or any other person or entity has the

 

authority to vary this Agreement.

 

 

 

Choir Prodigy may notify you with respect to Choir Prodigy by sending an

 

email message to your Account email address or by a posting on the Choir

 

Prodigy website. Notices shall become effective immediately.

 

 

 

Choir Prodigy reserves the right to take steps it believes are reasonably

 

necessary or appropriate to enforce and/or verify compliance with any

 

part of this Agreement. You agree that Choir Prodigy has the right,

 

without liability to you, to disclose any Registration Data and/or

 

Account information to law enforcement authorities, government officials,

 

Apple and/or a third party, as Choir Prodigy believes is reasonably

 

necessary or appropriate to enforce and/or verify compliance with any

 

part of this Agreement (including but not limited to Choir Prodigy’s right

 

to cooperate with any legal process relating to your use of Choir Prodigy

 

and/or Products, and/or a third-party claim that your use of Choir Prodigy

 

and/or Products is unlawful and/or infringes such third party’s rights).

 

 

 

PRIVACY

 

 

 

Except as otherwise stated in this Agreement, Choir Prodigy is subject to

 

Choir Prodigy’s Privacy Policy at http://www.Choirprodigy.com.

 

 

 

CHANGES

 

 

 

Choir Prodigy reserves the right at any time to modify this Agreement and

 

to impose new or additional terms or conditions on your use of Choir

 

Prodigy. Such modifications and additional terms and conditions will be

 

effective immediately and incorporated into this Agreement. Your

 

continued use of Choir Prodigy will be deemed acceptance thereof.

 

 

 

IMPORTANT SAFETY INFORMATION

 

 

 

To avoid muscle, joint, or eye strain during use of Choir Prodigy you

 

should always take frequent breaks from singing, and take a longer rest

 

if you experience any soreness, fatigue, or discomfort. A very small

 

percentage of people may experience seizures or blackouts to moving light

 

patterns, including watching videos. Symptoms may include dizziness,

 

nausea, involuntary movements, loss of awareness, altered vision,

 

tingling, numbness, or other discomforts. Consult a doctor before using

 

Choir Prodigy if you have ever suffered these or similar symptoms, and

 

stop playing immediately and see a doctor if they occur during game play.

 

If you notice soreness or other symptoms of fatigue or injury

 

related to these issues, you should rest or stop playing for several days

 

and, if the symptoms persist, consult a doctor. Parents should monitor

 

their children’s use of Choir Prodigy for signs of symptoms. You may also

 

damage your hearing if you play music, whether on speakers, headphones or

 

ear buds, at too loud a volume. You should always play music at a

 

moderate volume, and if you believe you are suffering hearing impairment

 

(including ringing in the ears or the inability to distinguish sounds or

 

speech), immediately consult a doctor. Choir Prodigy disclaims all

 

liability for any such injuries to you.

 

 

 

CONTACT INFORMATION FOR CHOIR PRODIGY

 

 

 

If you have questions or complaints concerning Choir Prodigy, or need to

 

notify us of the loss or misuse of your email, user name or pass word,

 

please address your inquiries or notices to:

 

The Way of H, Inc.

 

4335 Van Nuys Blvd

 

Suite 308

 

Sherman Oaks, CA 91403

 

contact@Choirprodigy.com

 

888-398-4625

 

 

 

Inquiries sent by email are likely to be responded to more promptly than

 

inquiries received by mail or phone.

 

 

 

v1.1.1 20110614

TWH/Choir (Cho!r) Prodigy/Music Prodigy End User License Agreement and Terms of Use and Service for Choir (Cho!r) Prodigy Windows / Mac

  1. 1. CHOIR (CHO!R) PRODIGY™ /Music Prodigy™ END USER LICENSE AGREEMENT
  2. 2. II. CHOIR (CHO!R) PRODIGY/Music Prodigy™ TERMS OF USE AND SERVICE
  3. 3. III. PRIVACY POLICY posted on Choir (Cho!r) Prodigy website: http://www.choirprodigy.com/privacy-policy/

CHOIR (CHO!R) PRODIGY FOR PC / MAC IS LICENSED, NOT SOLD. ANY AND ALL USE OF CHOIR (CHO!R) PRODIGY SOFTWARE BY YOU MAY BE DONE ONLY UNDER YOUR AGREEMENT TO LICENSE THE SOFTWARE, AS SET OUT BELOW. UNDER NO CIRCUMSTANCES MAY YOU SELL OR TRANSFER THE CHOIR (CHO!R) PRODIGY SOFTWARE TO ANY OTHER PERSON, COMPANY OR ENTITY OR PERMIT IT TO BE DOWNLOADED ON A DEVICE OWNED BY ANY OTHER PERSON OR ENTITY.

This application is not appropriate for and not intended for any person under the age of thirteen. If you are between the ages of 13 and 18 you should consult a parent or guardian concerning the appropriateness for you of the application before downloading it.

AVAILABLE FOR INSTALLATION OR DOWNLOAD ONLY IN THE UNITED STATES, CANADA, UNITED KINGDOM, AUSTRALIA, OR NEW ZEALAND. THIS APPLICATION MAY BE INSTALLED OR DOWNLOADED ONLY IN THE UNITED STATES, CANADA, UNITED KINGDOM, AUSTRALIA, OR NEW ZEALAND. IT IS NOT INTENDED FOR INSTALLATION OR DOWNLOAD IN ANY OTHER COUNTRY AND YOU MAY NOT INSTALL OR DOWNLOAD IT IN ANY OTHER COUNTRY. IF A FEE IS CHARGED, THIS APPLICATION MAY BE PAID FOR ONLY IN UNITED STATES DOLLARS. NO OTHER CURRENCY WILL BE ACCEPTED. IT IS AVAILABLE ONLY FOR DOWNLOAD ON DEVICES RUNNING COMPATIBLE MICROSOFT™ WINDOWS™ / APPLE™ OS X™ OPERATING SYSTEMS (SEE SECTION BELOW ON OPERATING SYSTEM COMPATIBILITY). IF YOU ARE USING AN IOS™ COMPATIBLE DEVICE, PLEASE CHECK THE APPLE APP STORE FOR COMPATIBLE DOWNLOADS FOR IPHONE, IPAD AND IPOD TOUCH DEVICES.

PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, OR USING ALL OR ANY PORTION OF THIS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE. THIS LICENSE AGREEMENT IS AVAILABLE IN ENGLISH ONLY. IF YOU CHOOSE TO DOWNLOAD THE SOFTWARE EVEN THOUGH YOU DO NOT UNDERSTAND ENGLISH, YOU ARE NEVERTHELESS AGREEING OT THE TERMS OF THE AGREEMENT, AS WRITTEN IN ENGLISH. IF YOU DON’T AGREE TO THAT, DO NOT INSTALL OR DOWNLOAD THE SOFTWARE.

If you are in the United States and you understand English, you may skip to the section titled “Acceptance of the Agreements and Policies”

PRODIGY CORO PARA PC / MAC ES LICENCIADO, NO VENDIDO. USO DE TODAS Y CADA UNA ROCA PRODIGY SOFTWARE QUE USTED PUEDE HACER SOLO BAJO SU ACEPTACIÓN DE LA LICENCIA DEL SOFTWARE, COMO SE DISPONE ABAJO. BAJO NINGUNA CIRCUNSTANCIA PODRÁ VENDER O TRANSFERIR EL SOFTWARE PRODIGY ROCA DE CUALQUIER OTRA PERSONA EMPRESA O ENTIDAD O PERMITIR QUE SER DESCARGADO EN UN DISPOSITIVO DE PROPIEDAD DE CUALQUIER OTRA PERSONA O ENTIDAD.

ESTA SOLICITUD NO ES APROPIADO PARA Y NO PARA CUALQUIER PERSONA MENOR DE TRECE. SI USTED ESTÁ ENTRE LAS EDADES DE 13 Y 18 DE USTED DEBERÍA CONSULTAR A UN PADRE O TUTOR SOBRE LA IDONEIDAD PARA USTED DE LA SOLICITUD ANTES DE DESCARGARLA.

DISPONIBLE PARA DESCARGAR SOLO EN LOS ESTADOS UNIDOS, CANADÁ, REINO UNIDO, AUSTRALIA, O NUEVA ZELANDA. ESTA APLICACIÓN PUEDE SER DESCARGADO SÓLO EN LOS ESTADOS UNIDOS, CANADÁ, REINO UNIDO, AUSTRALIA, O NUEVA ZELANDA. NO HA SIDO DISEÑADO PARA SU DESCARGA EN CUALQUIER OTRO PAÍS Y NO PODRÁ DESCARGAR EN CUALQUIER OTRO PAÍS. SI SE COBRE UNA TARIFA, ESTA APLICACIÓN PUEDEN SER PAGADOS SOLAMENTE EN DOLARES ESTADOUNIDENSES. MONEDA NO SE ACEPTARÁN OTROS. SÓLO ESTÁ DISPONIBLE PARA SU DESCARGA EN DISPOSITIVOS QUE EJECUTAN COMPATIBLE CON MICROSOFT ™ WINDOWS ™ / APPLE™ OS X™ SISTEMAS OPERATIVOS (VÉASE LA SECCIÓN RELATIVA A LA COMPATIBILIDAD DEL SISTEMA OPERATIVO). SI USTED ESTÁ UTILIZANDO UN IOS ™ DISPOSITIVO COMPATIBLE, POR FAVOR VER LA TIENDA APPLE APP DE DESCARGAS COMPATIBLE PARA DISPOSITIVOS TÁCTILES IPHONE, IPAD Y EL IPOD.

POR FAVOR LEA ESTE ACUERDO CUIDADOSAMENTE. AL INSTALAR O UTILIZAR TODO O CUALQUIER PARTE DE ESTE SOFTWARE, USTED ACEPTA TODOS LOS TÉRMINOS Y CONDICIONES DE ESTE ACUERDO. USTED ACEPTA QUE ESTE CONTRATO ES COMO CUALQUIER CONTRATO POR ESCRITO NEGOCIADO Y FIRMADO POR USTED. ESTE CONTRATO ES EXIGIBLE AGAINSTYOU. SI USTED NO ESTÁ DE ACUERDO CON LOS TÉRMINOS DE ESTE ACUERDO, NO PODRÁ UTILIZAR EL SOFTWARE. ESTE CONTRATO DE LICENCIA ESTÁ DISPONIBLE EN ESPAÑOL SOLAMENTE. SI USTED ELIGE PARA DESCARGAR EL SOFTWARE AUNQUE USTED NO ENTIENDE INGLÉS, NO SE ACEPTA SIN EMBARGO TE LOS TÉRMINOS DEL CONTRATO, COMO POR ESCRITO EN INGLÉS. SI USTED NO ESTÁ DE ACUERDO CON QUE, NO DESCARGUE EL SOFTWARE.

PRODIGY CHOIR (CHO!R) POUR PC / MAC EST LICENCE ET NON VENDU. TOUTE UTILISATION DU LOGICIEL PRODIGY CHOIR (CHO!R) PAR VOUS POUVEZ AVOIR FAIT QUE SOUS VOTRE CONTRAT DE LICENCE D’UTILISATION DU LOGICIEL, ÉNONCÉES CI-APRÈS. EN AUCUN CAS PEUT VOUS VENDEZ OU TRANSFERT DU LOGICIEL PRODIGY CHOIR (CHO!R) POUR TOUTE PERSONNE, SOCIÉTÉ OU MORALE OU PERMIS SON TÉLÉCHARGEMENT SUR UN DISPOSITIF APPARTENANT À UNE AUTRE PERSONNE PHYSIQUE OU MORALE.

CETTE DEMANDE EST NE CONVIENT PAS POUR ET NE DOIT PAS ETRE UNE PERSONNE DE MOINS DE TREIZE. SI VOUS ÊTES ENTRE LES ÂGES DE 13 ET 18 VOUS DEVEZ CONSULTER UN PARENT OU TUTEUR CONCERNANT LA PERTINENCE POUR VOUS DE LA DEMANDE AVANT DE LA TÉLÉCHARGER.

DISPONIBLE POUR TÉLÉCHARGEMENT UNIQUEMENT AUX ÉTATS-UNIS, AU CANADA, ROYAUME-UNI, EN AUSTRALIE OU LA NOUVELLE-ZÉLANDE. CETTE APPLICATION PEUT ÊTRE TÉLÉCHARGÉE SEULEMENT AUX ÉTATS-UNIS, AU CANADA, ROYAUME-UNI, EN AUSTRALIE OU LA NOUVELLE-ZÉLANDE. IL N’EST PAS DESTINE A TELECHARGER DANS TOUT AUTRE PAYS ET VOUS NE POUVEZ PAS LE TELECHARGER DANS TOUT AUTRE PAYS. SI UNE COMMISSION EST CHARGÉE, CETTE DEMANDE PEUT ÊTRE PAYÉ POUR SEULEMENT EN DOLLARS DES ÉTATS-UNIS. AUCUNE AUTRE DEVISE NE SERA ACCEPTE. IL EST DISPONIBLE UNIQUEMENT POUR TELECHARGER SUR LES DISPOSITIFS RUNNING COMPATIBLES MICROSOFT ™ WINDOWS ™ / APPLE™ OS X™ SYSTÈMES D’EXPLOITATION (VOIR LA SECTION SUR SYSTÈMES D’EXPLOITATION COMPATIBLES). SI VOUS UTILISEZ UN IOS ™ APPAREIL COMPATIBLE, S’IL VOUS PLAÎT VOIR LA APP STORE D’APPLE POUR LES TÉLÉCHARGEMENTS COMPATIBLES POUR DISPOSITIFS IPHONE, IPAD ET IPOD.

S’IL VOUS PLAÎT LIRE ATTENTIVEMENT CE CONTRAT. EN INSTALLANT OU EN UTILISANT TOUT OU PARTIE DE CE LOGICIEL, VOUS ACCEPTEZ TOUS LES TERMES ET CONDITIONS DU PRÉSENT CONTRAT. VOUS ACCEPTEZ QUE CE CONTRAT EST COMME TOUT CONTRAT ECRIT NEGOCIE SIGNE PAR VOUS. CECI EST UN CONTRAT EXÉCUTOIRE AGAINST YOU. SI VOUS N’ÊTES PAS D’ACCORD AVEC LES TERMES DU PRÉSENT CONTRAT, VOUS NE POUVEZ PAS UTILISER LE LOGICIEL. CE CONTRAT DE LICENCE EST DISPONIBLE EN ANGLAIS SEULEMENT. SI VOUS CHOISISSEZ POUR TÉLÉCHARGER LE LOGICIEL MEME SI VOUS NE COMPRENEZ PAS FRANÇAIS, VOUS ACCEPTEZ PAS MOINS OT LES TERMES DU CONTRAT, COMME ECRIT EN ANGLAIS. SI VOUS N’ÊTES PAS D’ACCORD QUE, NE TELECHARGEZ PAS LE LOGICIEL.

CHOIR (CHO!R) PRODIGY FÜR PC / MAC WIRD LIZENZIERT, NICHT VERKAUFT. JEGLICHE NUTZUNG OF CHOIR (CHO!R) PRODIGY SOFTWARE DURCH SIE KÖNNEN NUR UNTER IHRE ZUSTIMMUNG ZU DEN SOFTWARE-LIZENZ DURCHGEFÜHRT WERDEN, WIE UNTEN AUFGEFÜHRT. UNTER KEINEN UMSTÄNDEN DÜRFEN SIE VERKAUFEN ODER ÜBERTRAGEN THE CHOIR (CHO!R) PRODIGY SOFTWARE AUF EINEM ANDEREN PERSON, GESELLSCHAFT ODER ENTITY OR LAß ES AUF EINEM GERÄT JEDE ANDERE PERSON ODER JURISTISCHEN PERSON GEHALTEN HERUNTERGELADEN WERDEN.

DIESE ANWENDUNG IST NICHT GEEIGNET FÜR UND NICHT FÜR IRGENDEINE PERSON UNTER DEM ALTER VON DREIZEHN BESTIMMT. WENN SIE IM ALTER ZWISCHEN 13 UND 18 HABEN, SOLLTEN SIE EIN ELTERNTEIL ODER VORMUND ÜBER DIE ANGEMESSENHEIT FÜR SIE DER KLAGE VOR DEM DOWNLOAD IT.

ZUM DOWNLOAD ZUR VERFÜGUNG NUR IN DEN VEREINIGTEN STAATEN, KANADA, GROßBRITANNIEN, AUSTRALIEN ODER NEUSEELAND. DIESE ANWENDUNG KANN NUR IN DEN VEREINIGTEN STAATEN, KANADA, GROßBRITANNIEN, AUSTRALIEN ODER NEUSEELAND HERUNTERGELADEN WERDEN. ES IST NICHT ZUM DOWNLOAD IN EINER ANDEREN LAND UND SIE KÖNNEN NICHT HERUNTERLADEN IT IN ANDEREN LÄNDERN. WIRD EINE GEBÜHR AN, SO KÖNNEN DIESE ANWENDUNG FÜR NUR IN UNITED STATES DOLLAR BEZAHLT WERDEN. KEINE ANDERE WÄHRUNG AKZEPTIERT. ES IST NUR FÜR DOWNLOAD AUF GERÄTEN MIT KOMPATIBLEN MICROSOFT ™ WINDOWS ™ / APPLE™ OS X™ BETRIEBSSYSTEME (SIEHE DEN NACHSTEHENDEN ABSCHNITT BETRIEBSSYSTEMKOMPATIBILITÄT) ZUR VERFÜGUNG. WENN SIE EIN IOS ™-KOMPATIBLEN GERÄT, ÜBERPRÜFEN SIE BITTE DEN APPLE APP STORE FÜR KOMPATIBLE DOWNLOADS FÜR IPHONE, IPAD UND IPOD TOUCH GERÄTE.

BITTE LESEN SIE DIESEN VERTRAG SORGFÄLTIG. DURCH INSTALLATION ODER DIE GESAMTE ODER EINEN TEIL DIESER SOFTWARE, AKZEPTIEREN SIE ALLE DIE BEDINGUNGEN DIESER VEREINBARUNG. STIMMEN SIE, DASS DIESE VEREINBARUNG WIE JEDER ANDERE SCHRIFTLICHE AUSGEHANDELTEN VEREINBARUNG VON IHNEN UNTERZEICHNETE. DIESER VERTRAG IST AGAINST YOU. WENN SIE NICHT MIT DEN BEDINGUNGEN DIESER VEREINBARUNG NICHT EINVERSTANDEN SIND, KÖNNEN SIE DIE SOFTWARE NICHT VERWENDEN. DIESE LIZENZVEREINBARUNG IST NUR IN ENGLISCH VERFÜGBAR. WENN SIE DIE SOFTWARE, AUCH WENN SIE NICHT VERSTEHEN ENGLISCH DOWNLOAD WÄHLEN, WERDEN SIE TROTZDEM STIMMEN OT DEN BEDINGUNGEN DER VEREINBARUNG, AS IN ENGLISCH GESCHRIEBEN. WENN SIE NICHT, DASS SIE NICHT ZUSTIMMEN, DIE SOFTWARE HERUNTERZULADEN.

PC/MAC のためのロックの神童は、売られないで、ライセンスされています。お客様による岩盤PRODIGYソフトウェアの一切の使用は、以下に定めるように、ソフトウェアのみのライセンスを取得する契約に基づいて行うことができる。どんな事情があっても売却する可能性がある者その他の者、会社またはエンティティへのROCKのプロディジーソフトウェアを譲渡するか、他の個人またはエンティティによって所有されるデバイスにダウンロードされることを許可します。

このアプリケーションでは、適した、13歳未満のすべての人を想定していないではありません。あなたが13歳から18歳の間である場合は、それをダウンロードする前にアプリケーションがあなたのための妥当性について当社は、親または保護者の意見を聞くべきです。

米国、カナダ、イギリス、オーストラリア、ニュージーランドでのみダウンロードできます。このアプリケーションは、米国、カナダ、イギリス、オーストラリア、ニュージーランドでダウンロードすることができる。 ITは他の国でのダウンロードのためのものではありませんが、お客様は、他の国でそれをダウンロードできません。宿泊料金が課金されている場合、このアプリケーションのみに米ドルで支払われるかもしれません(MAY)。 NO他の通貨は受け付けられません。それだけで互換性のあるMicrosoft™Windows™ / Apple™ OS X™オペレーティングシステム(オペレーティングシステムの互換性の項を参照してください)実行するデバイスでダウンロードすることができます。は、iOS™と互換性のあるデバイスを使用している場合は、IPHONE、IPADとiPod Touchのデバイスと互換性のあるダウンロード用のAppleのApp Storeをチェックしてください。

本契約書をよくお読みください。インストール、または本ソフトウェアの全部または一部を使用することにより、あなたは本契約のすべての条件を承諾します。お客様は本契約はあなたによって署名された交渉済みの書面による契約と同様であることに同意します。本契約は強制AGAINSTYOUです。お客様が本契約の条項に同意しない場合は、ソフトウェアを使用することはできません。本ライセンス契約は、英語でのみ利用可能です。あなたは英語を理解していない場合でも、ソフトウェアをダウンロードするために選択した場合は英語で書かれたとして、あなたはそれにもかかわらず、契約書の条項OT同意したことになります。あなたがそれに同意できない場合は、ソフトウェアをダウンロードしないでください。

PRODIGY ROCHA PARA PC/MAC É LICENCIADO, NÃO VENDIDO. TODA E QUALQUER USO DO SOFTWARE PRODIGY ROCHA POR VOCÊ PODE SER FEITO SÓ SOB O SEU CONTRATO DE LICENCIAR O SOFTWARE, CONFORME ABAIXO. SOB NENHUMA CIRCUNSTÂNCIA VOCÊ PODERÁ VENDER OU TRANSFERIR O SOFTWARE PRODIGY ROCHA A QUALQUER OUTRA PESSOA, EMPRESA OU ENTIDADE, NEM PERMITIRÁ QUE SER BAIXADO EM UM DISPOSITIVO DE PROPRIEDADE DE QUALQUER PESSOA FÍSICA OU JURÍDICA.

ESTA APLICAÇÃO NÃO É APROPRIADO PARA E NÃO DESTINADAS A QUALQUER PESSOA SOB A IDADE DE TREZE ANOS. SE VOCÊ ESTÁ ENTRE AS IDADES DE 13 E 18 ANOS, DEVE CONSULTAR UM DOS PAIS OU RESPONSÁVEL RELACIONADAS COM A ADEQUAÇÃO PARA VOCÊ DO APLICATIVO ANTES DE BAIXÁ-LO.

DISPONÍVEL PARA DOWNLOAD APENAS NOS ESTADOS UNIDOS, CANADÁ, REINO UNIDO, AUSTRÁLIA OU NOVA ZELÂNDIA. ESTA APLICAÇÃO PODE SER BAIXADO APENAS NOS ESTADOS UNIDOS, CANADÁ, REINO UNIDO, AUSTRÁLIA OU NOVA ZELÂNDIA. NÃO SERVEM PARA DOWNLOAD EM QUALQUER OUTRO PAÍS E NÃO PODE BAIXÁ-LO EM QUALQUER OUTRO PAÍS. SE É COBRADA UMA TAXA, ESTA APLICAÇÃO PODE SER PAGO PARA APENAS EM DÓLARES DOS ESTADOS UNIDOS. NÃO OUTRA MOEDA SERÁ ACEITO. ELE ESTÁ DISPONÍVEL APENAS PARA DOWNLOAD EM DISPOSITIVOS QUE EXECUTAM COMPATÍVEIS MICROSOFT ™ WINDOWS ™ / APPLE™ OS X™ SISTEMAS OPERACIONAIS (VER SECÇÃO ABAIXO SOBRE A COMPATIBILIDADE DO SISTEMA OPERACIONAL). SE VOCÊ ESTÁ USANDO UM APARELHO IOS ™ COMPATÍVEL, VERIFIQUE A APPLE APP STORE PARA DOWNLOADS COMPATÍVEIS PARA DISPOSITIVOS IPAD, IPHONE E IPOD.

POR FAVOR, LEIA ATENTAMENTE ESTE ACORDO. POR INSTALAÇÃO OU UTILIZAÇÃO DE TODO OU PARTE DESTE SOFTWARE, ACEITA TODOS OS TERMOS E CONDIÇÕES DO CONTRATO. VOCÊ CONCORDA QUE ESTE ACORDO COMO QUALQUER OUTRO CONTRATO ASSINADO POR SI. ESTE ACORDO É AGAINSTYOU EXECUTÁVEL. SE VOCÊ NÃO CONCORDA COM OS TERMOS DO CONTRATO, VOCÊ NÃO PODE USAR O SOFTWARE. ESTE CONTRATO DE LICENÇA DISPONÍVEL APENAS EM INGLÊS. SE ESCOLHER PARA BAIXAR O SOFTWARE, MESMO QUE NÃO ENTENDEM INGLÊS, VOCÊ CONCORDA OT SÃO, CONTUDO, OS TERMOS DO CONTRATO, COMO ESCRITO EM INGLÊS. SE VOCÊ NÃO CONCORDA COM ISSO, NÃO FAÇA O DOWNLOAD DO SOFTWARE.

PRODIGY CHOIR (CHO!R) PER PC/MAC È LICENZA, NON VENDUTO. USO TUTTE DEL SOFTWARE DA CHOIR (CHO!R) PRODIGY POTREBBE ESSERE FATTO SOLO SOTTO IL CONTRATTO DI LICENZA DEL SOFTWARE, COME INDICATO DI SEGUITO. IN NESSUN CASO DI VENDERE O TRASFERIRE IL SOFTWARE PRODIGY CHOIR (CHO!R) A QUALSIASI ALTRA PERSONA, SOCIETÀ O ENTE O CONSENTIRE CHE ESSERE SCARICATI SU UN DISPOSITIVO DI PROPRIETÀ DI QUALSIASI ALTRA PERSONA O ENTITÀ.

QUESTA APPLICAZIONE NON È PERTINENTE E NON DIRETTI A PERSONA DI ETÀ INFERIORE AI TREDICI ANNI. SE HAI TRA I 13 E 18 E ‘NECESSARIO CONSULTARE UN GENITORE O TUTORE AI REQUISITI DI IDONEITÀ PER VOI DELLA DOMANDA PRIMA DI SCARICARLO.

DISPONIBILE PER IL DOWNLOAD SOLO NEGLI STATI UNITI, CANADA, REGNO UNITO, AUSTRALIA, O IN NUOVA ZELANDA. LA DOMANDA PUÒ ESSERE SCARICATO SOLO NEGLI STATI UNITI, CANADA, REGNO UNITO, AUSTRALIA, O IN NUOVA ZELANDA. NON È PREVISTO PER DOWNLOAD IN QUALSIASI ALTRO PAESE E NON PUO SCARICARE IN QUALSIASI ALTRO PAESE. SE UN TASSA È A CARICO, QUESTA APPLICAZIONE PUÒ ESSERE VERSATO SOLTANTO IN DOLLARI DEGLI STATI UNITI. NON VALUTA ALTRE SARANNO ACCETTATE. E ‘DISPONIBILE SOLO PER IL DOWNLOAD SU DISPOSITIVI CON SISTEMA OPERATIVO COMPATIBILE CON MICROSOFT ™ WINDOWS ™ / APPLE™ OS X™ SISTEMI OPERATIVI (VEDASI PARAGRAFO SUCCESSIVO SULLA COMPATIBILITÀ SISTEMA OPERATIVO). SE SI UTILIZZA UN ™ IOS DISPOSITIVO COMPATIBILE, CONTROLLARE L’APPLE APP STORE PER IL DOWNLOAD DI COMPATIBILITÀ PER I DISPOSITIVI TOUCH IPHONE, IPAD E IPOD.

SI PREGA DI LEGGERE ATTENTAMENTE IL PRESENTE CONTRATTO. L’INSTALLAZIONE, L’UTILIZZO O TUTTO O IN PARTE DI QUESTO SOFTWARE, SI ACCETTANO TUTTI I TERMINI E LE CONDIZIONI DEL PRESENTE CONTRATTO. L’UTENTE RICONOSCE CHE IL PRESENTE CONTRATTO È UN CONTRATTO SCRITTO, NEGOZIATO E SOTTOSCRITTO DA LEI. IL PRESENTE CONTRATTO È APPLICABILE AGAINST YOU. SE NON SI ACCETTANO I TERMINI DEL PRESENTE CONTRATTO, NON PUO ‘USARE IL SOFTWARE. PRESENTE CONTRATTO DI LICENZA E ‘DISPONIBILE SOLO IN INGLESE. SE SI SCEGLIE PER SCARICARE IL SOFTWARE ANCHE SE NON CAPISCONO L’INGLESE, TUTTAVIA SI ACCETTA OT I TERMINI DEL CONTRATTO, COME SCRITTO IN INGLESE. SE NON SI ACCETTANO CHE, NON SCARICARE IL SOFTWARE.

Êã ÊÑÎíÕ PRODIGY CHOIR (CHO!R) FOR PC/MAC¡ áÇ ÊÈÇÚ. æíãßä Ãä íÊã Ãí AND ALL OF USE SOFTWARE PRODIGY CHOIR (CHO!R) BY YOU ÝÞØ ÊÍÊ ÈãæÇÝÞÊß Úáì ÊÑÎíÕ ÇáÈÑäÇãÌ¡ Úáì ÇáäÍæ ÇáãÈíä ÃÏäÇå. æáÇ íÌæÒ Ýí Ãí ÙÑÝ ãä ÇáÙÑæÝ Úáì ÈíÚ Ãæ äÞá SOFTWARE PRODIGY CHOIR (CHO!R) Åáì Ãí ÔÑßÉ ÃÎÑì Ãæ ÔÎÕ Ãæ ßíÇä Ãæ ÊÕÑíÍ áíÊã ÊÍãíáåÇ Úáì ÌåÇÒ ÊßäæáæÌíÇ ÇáãÚáæãÇÊ ÇáÊí íãáßåÇ Ãí ÔÎÕ Ãæ ßíÇä ÂÎÑ.

åÐÇ ÇáÊØÈíÞ ÛíÑ ÇáãäÇÓÈ ááæáíÓ ÇáãÞÕæÏ FOR Ãí ÔÎÕ ÊÍÊ Óä ÇáËÇáËÉ ÚÔÑÉ. IF YOU ARE ÇáÐíä ÊÊÑÇæÍ ÃÚãÇÑåã Èíä 13 æ 18 íÌÈ ÇÓÊÔÇÑÉ ÃÍÏ ÇáæÇáÏíä Ãæ ÇáæÕí ÈÔÃä ãÏì ãáÇÁãÉ FOR YOU OF THE APPLICATION ÞÈá ÊäÒíáå.

ãÊæÝÑÉ ááÊäÒíá ÝÞØ Ýí ÇáæáÇíÇÊ ÇáãÊÍÏÉ æßäÏÇ æÇáããáßÉ ÇáãÊÍÏÉ æÇÓÊÑÇáíÇ æÃæ äíæÒíáäÏÇ. æíãßä ÊÍãíá åÐÇ ÇáØáÈ ÝÞØ Ýí ÇáæáÇíÇÊ ÇáãÊÍÏÉ æßäÏÇ æÇáããáßÉ ÇáãÊÍÏÉ æÇÓÊÑÇáíÇ æÃæ äíæÒíáäÏÇ. æáíÓ ÇáãÞÕæÏ ÈåÇ ááÊÍãíá Ýí Ãí ÈáÏ ÂÎÑ æÇáÊí ÞÏ áÇ ÊÍãíá ÇáÈÑäÇãÌ Ýí Ãí ÈáÏ ÂÎÑ. ÅÐÇ Êã ÝÑÖ ÑÓæã¡ íÌæÒ ÏÝÚ åÐÇ ÇáØáÈ ÅáÇ Ýí ÈÏæáÇÑÇÊ ÇáæáÇíÇÊ ÇáãÊÍÏÉ. áä íÊã ÞÈæá Ãí ÚãáÉ ÃÎÑì. åí æÍÏåÇ ÇáãÊÇÍÉ ááÊÍãíá Úáì ÃÌåÒÉ ÊÔÛíá WINDOWS COMPATIBLE MICROSOFT ™ ™ / APPLE™ OS X™ ÃäÙãÉ ÇáÊÔÛíá (ÇäÙÑ ÇáÞÓã ÃÏäÇå Úáì äÙÇã ÇáÊÔÛíá ÇáãÊæÇÝÞ). ÅÐÇ ßäÊ ÊÓÊÎÏã AN ™ IOS ÌåÇÒ ãÊæÇÝÞ¡ íÑÌì ÇáÑÌæÚ Åáì ÇáãÊÌÑ áÊäÒíá APPLE DEVICES ÊÊáÇÁã ãÚ TOUCH IPHONE¡ IPOD æ IPAD.
íÑÌì ÞÑÇÁÉ åÐå ÇáÇÊÝÇÞíÉ ÈÊãÚä. Úä ØÑíÞ ÊËÈíÊ¡ Ãæ ÇÓÊÎÏÇã ßá Ãæ Ãí ÌÒÁ ãä åÐÇ ÇáÈÑäÇãÌ¡ YOU ÞÈæá ßÇÝÉ ÇáÔÑæØ æÇáÃÍßÇã ÇáæÇÑÏÉ Ýí åÐå ÇáÇÊÝÇÞíÉ. ÃäÊ ÊæÇÝÞ Úáì Ãä åÐÇ ÇáÇÊÝÇÞ åæ ãËá Ãí ÇÊÝÇÞ ãßÊæÈ æÞÚå ãÊÝÞ YOU. åÐÇ ÇáÇÊÝÇÞ åæ AGAINSTYOU ÞÇÈáÉ ááÊäÝíÐ. IF YOU DO NOT ÊæÇÝÞ Úáì ÔÑæØ åÐå ÇáÇÊÝÇÞíÉ¡ áÇ íÌæÒ áß ÇÓÊÎÏÇã THE SOFTWARE. ÇÊÝÇÞíÉ ÇáÊÑÎíÕ åÐå ãÊÇÍÉ ÈÇááÛÉ ÇáÅäÌáíÒíÉ ÝÞØ. IF YOU ÇÎÊíÇÑ ÊÍãíá ÇáÈÑäÇãÌ ÍÊì æáæ ßäÊ áÇ íÝåãæä ÇááÛÉ ÇáÅäÌáíÒíÉ¡ æãÚ Ðáß ÝÅäß ÊæÇÝÞ OT THE ÔÑæØ ÇáÇÊÝÇÞ¡ ßãÇ åæ ãßÊæÈ ÈÇááÛÉ ÇáÅäÌáíÒíÉ. IF YOU DO NOT ÊæÇÝÞ Úáì Ðáß¡ áÇ ÊÍãíá ÇáÈÑäÇãÌ.

PC/MAC 용 CHOIR 의 천재는 판매되지, 라이센스가 부여됩니다. 귀하 BY CHOIR의 천재 소프트웨어의 모든 사용은 아래 집합으로 만 소프트웨어를 라이센스로 계약에 따라 수행 할 수도 있습니다. 어떠한 경우에도 귀하는 판매하거나 다른 사람, 회사 또는 법인에 CHOIR 의 천재 소프트웨어를 전송하거나 IT를 다른 사람 또는 단체가 소유 장치에 다운로드 할 수 있도록 허용.

이 응용 프로그램에 대한 적절하고 열세 세 미만의 모든 사람을 위해 의도하지 아닙니다. 당신은 13 18 세 사이 인 경우 IT를 다운로드하기 전에 응용 프로그램의 당신을위한 적합성에 관한 부모 나 보호자를 참조해야합니다.

미국, 캐나다, 영국, 호주, 뉴질랜드에서만 다운로드 할 수 있습니다. 이 응용 프로그램은 미국, 캐나다, 영국, 호주 또는 뉴질랜드에서 다운로드 할 수 있습니다. IT는 기타 국가에서 다운로드 할 의도되지 않았으며 귀하는 기타 국가에서 IT를 다운로드 할 수도 있습니다.요금이 부과되는 경우,이 응용 프로그램은 미국 달러로 지불 할 수 있습니다. 다른 CURRENCY은 허용되지 않습니다. IT는 만 호환되는 Microsoft ™ WINDOWS ™ / APPLE™ OS X™운영 체제를 (운영 체제 호환성에 아래 섹션을 참조)를 실행하는 장치에 다운로드 할 수 있습니다. 귀하가 IOS ™ 호환 장치를 사용하는 경우, 아이폰, 아이 패드 및 iPod touch 기기와 호환 다운로드에 대한 애플 앱 스토어를 확인하시기 바랍니다.

본 계약을 자세히 읽어주십시오. 설치, 또는 본 소프트웨어의 전부 또는 일부를 이용함으로써 귀하는 본 계약의 모든 이용 약관에 동의합니다. 귀하는 본 계약은 귀하가 협상을 거쳐 서명 한 서면 계약과 같다는 것에 동의합니다. 본 계약은 계약 효력 불리한 있습니다. 귀하가 본 계약의 조항에 동의하지 않는 경우, 당신은 소프트웨어를 사용할 수 없습니다. 본 라이센스 계약은 영어로만 제공됩니다. 당신이 영어를하지 않더라도 소프트웨어를 다운로드하도록 선택하면 영어로 작성 한, 당신은 그럼에도 불구하고, 본 계약의 조건 OT 동의하는 것으로 간주됩니다. 당신이에 동의하지 않을 경우, 소프트웨어를 다운로드하지 마십시오.

CHOIR (CHO!R) PRODIGY PC/MAC 的许可,而非出售。 CHOIR (CHO!R) PRODIGY软件的任何和所有使用或会根据您的协议许可的软件,只载列如下。在任何情况下出售或转让THE ROCK的PRODIGY软件向任何其他人士,公司或实体或设备上的任何其他人或实体拥有允许它被下载。

这个应用程序是不适合的,并不打算为任何人在十三岁的。如果你是13至18岁之间的,您应该咨询家长或监护人有关是否适合你的应用程序在下载前。

可供下载只在美国,加拿大,英国,澳大利亚或新西兰。可以下载这个应用程序可能只在美国,加拿大,英国,澳大利亚或新西兰。不下载任何其他国家,请不要下载IT在其他任何国家。如果是要收费,该应用程序可支付在美国美元。没有其他货币将被接受。它仅适用于设备的运行兼容的Microsoft™Windows™ / Apple™ OS X™的经营系统(见下文有关操作系统兼容性)下载。如果您使用的是IOS™兼容设备,请查看苹果App Store的iPhone,iPad和iPod Touch设备的兼容下载。

请仔细阅读本协议。安装或使用本软件的全部或任何部分,即表示您接受所有条款及条件本协议。您同意本协议就像是由您签署任何书面协议。本协议具有可执行性的AGAINSTYOU。如果您不同意本协议的条款,您可能无法使用本软件。本授权许可协议仅提供英文版本。如果您选择要下载该软件,即使你不懂英语,你不过同意OT协议的条款,,AS用英文写的。如果您不同意,请不要下载此软件。

Acceptance of the Agreements and Policies

Your license to use the Choir (Cho!r) Prodigy/Music Prodigy™for PC/Mac (“Choir (Cho!r) Prodigy”) application is subject to your prior acceptance of the End User License Agreement, the Terms of Use and Service and the Privacy Policy by either (1) opening the box containing the Choir (Cho!r) Prodigy™ CD and/or inserting the Choir (Cho!r) Prodigy CD into your computer or otherwise installing the Choir (Cho!r) Prodigy software contained on the CD onto your computer or onto any other digital device or (2) having checked the digitally presented checkbox next to the statement, “I have read and accept the Choir (Cho!r) Prodigy Terms of Service and Privacy Policy. Click to view Terms of Service and Privacy Policy.” during your creation of a Choir (Cho!r) Prodigy account from the Choir (Cho!r) Prodigy website or through any other website or means specifically authorized by Choir (Cho!r) Prodigy. You may find these agreements and policies by going to our website at http://www.choirprodigy.com/terms-of-service/The privacy policy is only available on our website athttp://www.choirprodigy.com/privacy-policy/.

If you for someone reason failed to read any of these documents before after opening the retail box, or if you for some reason failed to read any of these documents before checking the digitally presented checkbox if you downloaded the software (or if the digitally presented checkbox was for some reason not made available to you) then by installing the software from a physical Choir (Cho!r) Prodigy CD or downloading the software now or starting to use the software now, you are indicating that you have read the agreements and policies, that you accept their terms, and that the End User License Agreement, the Terms of Use and Service and the Privacy Policy will apply to all aspects of the Choir (Cho!r) Prodigy /Music Prodigy™ application, including any current or future songs, lessons, features, exercises, milestones or musical compositions by you as well any later upgrades, updates, changes or improvements to the application.

If you do not accept the terms of this Choir (Cho!r) Prodigy /Music Prodigy™ End User License Agreement, or the terms of the Terms of Use and Service, set out below, in Section II, or the terms of Choir (Cho!r) Prodigy’s Privacy Policy set forth athttp://www.choirprodigy.com/privacy-policy/ do not install the Choir (Cho!r) Prodigy Application from the CD or download the Application from any online site. If you have already done so and do not accept these terms, you must delete the application from all of your devices and refrain from downloading it again from our website or installing it again from the CD contained in the retail box that you have obtained until you are willing to accept the terms of the agreements and policies and so agree by the then-available appropriate means.

I.CHOIR (CHO!R) PRODIGY™ /Music Prodigy™ END USER LICENSE AGREEMENT (hereinafter, collectively, the “Choir (Cho!r) Prodigy End User License Agreement”)

The Choir (Cho!r) Prodigy(TM)/Music Prodigy™ application (hereinafter, collectively, “The Choir (Cho!r) Prodigy application”) made available to you through a retail box containing a Choir (Cho!r) Prodigy CD or through the Choir (Cho!r) Prodigy Website (choirprodigy.com) contains copyrighted software (some aspects of which are also the subject of a pending patent application) and other intellectual property, including inventions and trade secrets, owned by The Way of H, Inc. (“TWH”) as well as copyrighted music, graphics, images, trademarks and other features owned by TWH. The Choir (Cho!r) Prodigy Application is licensed to you by TWH, not sold, pursuant to the terms of this license agreement.

The term “Choir (Cho!r) Prodigy Licensed Application” as used in this Choir (Cho!r) Prodigy End User License Agreement, includes: (1) the basic Choir (Cho!r) Prodigy application software, including any free feature set and any limited number of free songs and/or lessons or tutorials (the “Basic Application”) (2) the text, artwork and graphics, both still and dynamic, which accompany, illustrate and explain the application, its features and musical choices (“Text and Graphics”) (3) all software code and scripts which create the functionality and user interface for the application (“Software”), (4) copyrighted and otherwise protected lessons, song lyrics, music, musical performances, transcriptions for that music, album covers and other artwork, some of which is owned by third parties and (5) all other software in the application.

TWH reserves all rights in and to every aspect of the Choir (Cho!r) Prodigy Licensed Application not expressly granted to you in this license.

Scope of License; Limited Grant

This product is licensed to you, not sold. This license grants to you a limited, non-transferable, revocable license to download or install and use the Choir (Cho!r) Prodigy Licensed Application from the Choir (Cho!r) Prodigy website or from any other source specifically authorized by Choir (Cho!r) Prodigy : (1) for personal, non-commercial use only, (2) for use only on a desktop computer, notebook computer or mobile device running Microsoft™ Windows™ or Apple™ OS X™ which you own or control and which is compatible with the Choir (Cho!r) Prodigy software, (3) by you only within the United States, Canada, United Kingdom, Australia or New Zealand and (4) for use or play by only one person at a time. The Choir (Cho!r) Prodigy Licensed Application is not licensed for or compatible with any other device, platforms or operating systems, including, without limitation, notebook computers, desktop computers, pads, phones or other mobile devices running iOS (on, for example, Apple iPhones, iPods, iPod touches, and Macintosh computers), Android devices or operating systems, devices running operating systems in which Windows or OS X has been user-modified, or freeware which mimics, clones or attempts to emulate the Microsoft Windows or Apple OS X operating system, and may not be downloaded or used on such platforms or in any other country. This license does not permit you to use the Choir (Cho!r) Prodigy Licensed Application on any device that you do not own or control, and you may not distribute or make the application available over a network where it could be used by multiple users at the same time.

You may not rent, lease, lend, sell, redistribute or sublicense the Choir (Cho!r) Prodigy Licensed Application. You may not copy (unless expressly permitted by this license and the Terms of Service), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Choir (Cho!r) Prodigy Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open sourced components, if any, included within the Choir (Cho!r) Prodigy Licensed Application). Any attempt to do so is a violation of the rights of TWH and its licensors and licensees. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by TWH that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Certain Taxes in Certain States

If you live in any state or municipality that imposes any tax of any kind (including consumption taxes, sales taxes, value added taxes, good and service taxes or use taxes) on electronic installations or downloads or any other aspect of Choir (Cho!r) Prodigy, you agree to pay that tax directly, and agree to indemnify TWH against any tax claims against it by any governmental body. In the event that the government of the United States imposes any such taxes, you also agree to pay those taxes directly.

Access

You will need, at your own sole expense, to acquire the equipment, including computers, mobile devices, and any other devices or services needed to connect to the Internet. You also acknowledge that your Internet provider or wireless carrier may charge you fees for messaging and/or other forms of access. Choir (Cho!r) Prodigy is available only in the United States, Canada, United Kingdom, Australia or New Zealand and even if available elsewhere is licensed only for download (in the United States only ) or install and use in the United States, Canada, United Kingdom, Australia or New Zealand, and may be further subject to service interruptions by your Internet or wireless provider or by interruptions by Choir (Cho!r) Prodigy’s service providers or other interruptions to Choir (Cho!r) Prodigy’s availability.

Operating System Compatibilities.

The Choir (Cho!r) Prodigy Basic Application is compatible with and licensed only for use with a desktop computer, notebook computer or mobile device running: a) Microsoft™ Windows™ 7 or Microsoft™ Windows™ 8 that has at a minimum 2Ghz Dual Core processor, 2GB Ram memory, 1GB of hard disk space, DX11 & DX10 video cards with driver updated for OpenGL 1.3 support, minimum resolution 1024 x 768 and DirectX of 10, or b) Mac OSx 10.7 or higher, Intel processor, 2GB Ram memory, 1GB of hard disk space, minimum resolution of 1024 x 768 and has an internet connection and which you own or control. It is not compatible with notebook computers, desktop computers, pads, phones or other mobile devices running iOS (on, for example, Apple iPhones, iPods, iPod touches, and Macintosh computers), devices which use the Android operating system or on devices running operating systems in which Windows or OS X has been user-modified, or running on freeware which mimics, clones or attempts to emulate the Microsoft Windows or Apple OS X operating system, The Basic Application may not be compatible with future Microsoft or Apple releases of operating systems for such devices.

Consent to Use of Data and Public Display of Certain Data

You agree that TWH, the owner of Choir (Cho!r) Prodigy, may collect and use non-personally identifiable technical data and related information, including but not limited to technical information that identifies your mobile device, operating systems, application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Choir (Cho!r) Prodigy Licensed Application TWH may also gather non-personally identifiable usage statistics, including song and feature installations, downloads, session frequency, average session duration, lesson completion rates, etc. TWH may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you and we may share anonymous aggregate data with our third party service providers. All data gathered is collected, used, stored and transmitted in compliance with TWH’s Privacy Policy, which can be found at; http://www.choirprodigy.com/privacy-policy/. If anything in this section is in conflict with that Privacy Policy, TWH’s Privacy Policy will control.

If you participate in online services, such as social networks to which you upload, install or download comment or ask Choir (Cho!r) Prodigy to post information concerning you, such as your musical Performance Results (see Choir (Cho!r) Prodigy Terms of Use and Service for more details on Performance Results), including scores, rankings and achievements and such as online play or the downloading of content, TWH may collect, store, use, transmit and publicly display statistical data regarding such content and postings and may also share it with TWH’s third party providers, licensees or business partners and affiliates. All data gathered is collected, used, stored and transmitted in compliance with TWH’s Privacy Policy, which can be found at; http://www.choirprodigy.com/privacy-policy/.

Offensive Musical or Video Material

You understand that in using Choir (Cho!r) Prodigy, you may encounter content, including installed or downloaded musical lyrics, video clips or other materials, that you or others who may be within hearing or viewing while you are using Choir (Cho!r) Prodigy, may deem to be offensive, indecent, or objectionable, and that such content may not be identified in advance as having explicit or offensive language. Nevertheless, you agree that you will use Choir (Cho!r) Prodigy at your sole risk and that TWH shall not have any liability to you for content that you or others within hearing or viewing may find offensive, indecent, or objectionable. If you believe that children under the age of 13, or other persons for whom lyrics of a song might be inappropriate or offensive will be able to overhear the Music, it is your obligation to listen to the lyrics of the song before permitting such persons to hear it and then to do so at your own risk.

Services; Third Party Materials.

The Choir (Cho!r) Prodigy Licensed Application will enable access to TWH’s own website as well as third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service.

You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that TWH shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, 
information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that TWH is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. TWH does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, 
lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that TWH is not in any way responsible for any such use by you, nor for any harassing, 
threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from compatible devices running compatible operating systems are not available from third parties in all languages or in all countries. TWH makes no representation that such Services and Materials are appropriate or available for use in any particular location and in any case, the Choir (Cho!r) Prodigy software may not be downloaded or installed outside the United States or Canada. . To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. TWH and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will TWH be liable for the removal of or disabling of access to any such Services. TWH may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

Termination

This license is effective until terminated by you or TWH. Your rights under this license will terminate automatically without notice from TWH if you fail to comply with any term(s) of this license, including attempting to publicly perform the music. TWH may terminate this license without notice if it learns or suspects that you are attempting to copy or modify the Basic Application, Premium Features, Text and Graphics, Lessons, Software or Music or any other aspect of Choir (Cho!r) Prodigy unless you are otherwise authorized to do so. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Choir (Cho!r) Prodigy Licensed Application, including all third party Music and other materials that you have downloaded.

NO WARRANTY

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CHOIR (CHO!R) PRODIGY LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE CHOIR (CHO!R) PRODIGY LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TWH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. TWH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER. SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND TWH CONFIRMS THAT TO THE EXTENT THIS DISCLAIMER FAILS OR IS REQUIRED BY APPLICABLE LAW AND THAT ANY MAINTENANCE OR SUPPORT MUST BE PROVIDED TO YOU IN CONNECTION WITH THE CHOIR (CHO!R) PRODIGY APPLICATION, TWH SHALL BE SOLELY RESPONSIBLE. IN THE EVENT OF ANY FAILURE OF THE LICENSED APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY CHOIR (CHO!R) PRODIGY AND WE MAY CHOOSE TO REFUND THE PURCHASE PRICE FOR THE LICENSED APPLICATION TO YOU, WHICH WILL CONSTITUTE FULL RECOMPENSE TO YOU FOR ALL DAMAGES OF EVERY TYPE AND KIND THAT YOU MAY HAVE SUFFERED, WHETHER LEGAL OR EQUITABLE.. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TWH BE LIABLE FOR PERSONAL INJURY (INCLUDING, WITHOUT LIMITATION, LOSS OR DAMGE TO HEARING OR PHYSICAL OR EMOTIONAL INJURY OF ANY KIND FROM PLAYING ANY INSTRUMENT USED WHILE UTILIZING CHOIR (CHO!R) PRODIGY) OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF TWH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TWH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

No Export

You may not export this Choir (Cho!r) Prodigy licensed application outside the United States or, Canada. , United Kingdom, Australia or New Zealand. You also agree that you will not use this product for any purposes prohibited by United States, Canada, United Kingdom, Australia or New Zealand law.

Complying with Third Party Terms of Agreement

To the extent you use any third-party software, service or application, 
including, without limitation, those of software manufactures, operating systems, internet service providers, wireless service providers (including VoIP applications) or social networks, you agree to comply fully with any and all applicable third party terms of agreement before using the Choir (Cho!r) Prodigy Application and not otherwise to violate any third party agreements you may have.

U.S. Government Use

The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. ß2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. ß12.212 or 48 C.F.R.
ß227.7202, as applicable. Consistent with 48 C.F.R. ß12.212 or 48 C.F.R.
ß227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Compliance with Terms of Use and Service

You agree to comply with all Terms of Use and Service, including, without limitation, the restrictions on user names and passwords for use of the Choir (Cho!r) Prodigy Website and further including any updates or changes to Choir (Cho!r) Prodigy’s Terms of Use and Service which may be posted in the future on the Choir (Cho!r) Prodigy Website.

California Law

The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Choir (Cho!r) Prodigy Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

Questions, Complaints, or Claims

The Choir (Cho!r) Prodigy Application is owned by The Way of H, Inc. Any questions, complaints or claims with regard to the application or this Choir (Cho!r) Prodigy End User License Agreement should be directed to TWH at:

The Way of H, Inc.
4335 Van Nuys Blvd Suite 308
Sherman Oaks, CA 91403
contact@rockprodigy.com
888-398-4625

Inquiries sent by email are likely to be responded to more promptly than inquiries received by mail or phone.

II. CHOIR (CHO!R) PRODIGY TERMS OF USE AND SERVICE

REQUIREMENTS FOR USE OF CHOIR (CHO!R) PRODIGY(TM)

Choir (Cho!r) Prodigy is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

Choir (Cho!r) Prodigy(TM) is owned by The Way of H, Inc. (“TWH”). References in these terms of use and service referring to TWH also refer to Choir (Cho!r) Prodigy, and references to Choir (Cho!r) Prodigy also refer to TWH and its subsidiaries and affiliates.

These Terms of Use and Service are applicable for access to and use of Choir (Cho!r) Prodigy software and its products via the Choir (Cho!r) Prodigy website at www.choirprodigy.com or CD’s contained in the retail box, the only places at which you may install or download Choir (Cho!r) Prodigy software, songs, 
lessons or other products) and to your registration and use of the Choir (Cho!r) Prodigy Website, should you choose to register there or otherwise use the Choir (Cho!r) Prodigy website. Choir (Cho!r) Prodigy is available to you under this license agreement only in the United States, and only for use on Windows™ or OS X™ compatible devices utilizing compatible Microsoft™ Windows or Apple OS X™ operating systems (see section above on Operating System Compatibilities) If you wish to use Choir (Cho!r) Prodigy on an iOS devices (such as an iPhone, iPad, or iPod touch), please consult the availability for your device and accompanying license terms and terms of use at the Apple App Store.

YOUR CHOIR (CHO!R) PRODIGY ACCOUNT

Don’t reveal or share your user name, password or other Account information with anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to notify Choir (Cho!r) Prodigy immediately of any security breach of your Account. Neither Choir (Cho!r) Prodigy nor any of its licensees, business partners or affiliates will be responsible for any losses arising out of the unauthorized use of your Account. If a person other than you uses your Account, including your email, songs, lessons or any other Choir (Cho!r) Prodigy product, Choir (Cho!r) Prodigy may choose to refund the purchase price of Premium Features, songs, lessons or other downloaded Choir (Cho!r) Prodigy items upon its determination, in its sole discretion, that you were not at fault. In the event your purchase price is refunded, the refund will constitute full recompense to you for all damages of every type and kind that you may have suffered, whether legal or equitable. You are completely responsible for loss or theft any of your email address, user name and password, and Choir (Cho!r) Prodigy shall have no liability for the consequences of such loss or theft.

If you lose your user name or password, you may send an email to Choir (Cho!r) Prodigy at contact@choirprodigy.com asking that one or both be emailed to you. The information will be emailed to you at the email address with which you have registered and to no other. If you do not have access to your email account at the time you request that your lost user name or password be sent to you, you will not be able to retrieve them until you have access to your email. If another person uses your email account to request your user name and/or password and then uses that information to order Choir (Cho!r) Prodigy features, songs, lessons or other Choir (Cho!r) Prodigy products, Choir (Cho!r) Prodigy will not refund the purchase price to you. Consequently, you should not share your email password with anyone and should take proper measures to protect it from discovery or theft by others. If you believe your email address is being improperly used, you should notify us immediately via email at the email address listed, or, if email is unavailable to you by overnight delivery or by U.S. mail express mail at the email address or postal address listed.

You agree to provide accurate and complete information requested when you register with Choir (Cho!r) Prodigy and during your use of Choir (Cho!r) Prodigy (“Registration Data”), and you agree to update your Registration Data in order to keep it accurate and complete. You agree that Choir (Cho!r) Prodigy may use the Registration Data you provide to maintain and monitor your Account, including monitoring for misuse of the account or the Choir (Cho!r) Prodigy software.

PRIVACY

Except as otherwise stated in this Agreement, Choir (Cho!r) Prodigy is subject to Choir (Cho!r) Prodigy’s Privacy Policy athttp://www.rockprodigy.com/privacy-policy/.

Choir (Cho!r) Prodigy may use information acquired from your account, when combined in the aggregate with information from other users’ accounts, to monitor the effectiveness of its systems, to gather aggregate data as to demand for features (including lessons and songs), and for other such related purposes. We may also monitor your account to assure your compliance with these Terms of Use and Service and the Choir (Cho!r) Prodigy End User License Agreement.

We will not communicate with you directly unless you opt in to our doing so or request us to do so by, for example, emailing us to assist with recovering a password or user name, for additional information on Choir (Cho!r) Prodigy or to ask for other types of assistance or information.

Currently, no opt-in feature is available. From time to time we may also provide the opportunity in the App Store to download an upgrade to the Choir (Cho!r) Prodigy software. In some cases, if you install or download an upgrade, you may have to re-download songs, lessons or other features which you have purchased.

CONTENT AVAILABILITY

Choir (Cho!r) Prodigy reserves the right to change, at any time, the price, 
availability or terms of songs, lessons or other Choir (Cho!r) Prodigy products, as well as features or functionality of the Choir (Cho!r) Prodigy software, including on the free Choir (Cho!r) Prodigy download available from the Choir (Cho!r) Prodigy website or installations which may be available from free sample or trial CD’s or from authorized third-party sites.

AVAILABILITY OF NEW SONGS, FEATURES, LESSONS AND OTHER PRODUCTS

Choir (Cho!r) Prodigy will, from time to time, make changes to the songs, lessons and exercises available for use within Choir (Cho!r) Prodigy. In addition, Choir (Cho!r) Prodigy will also, from time to time, list updated content and features on its website that are available as well as the availability of software upgrades. 
You may check the Choir (Cho!r) Prodigy website at www.rockprodigy.com on a regular basis to check for these.

SECURITY TECHNOLOGY

You agree that Choir (Cho!r) Prodigy software and/or its downloadable or installable products may include or be monitored by security technology that tracks or limits your use of the software or the products for purposes of protecting the rights of Choir (Cho!r) Prodigy in the software and the rights of both Choir (Cho!r) Prodigy, its licensees and third parties in the products. You further agree that, without regard to the presence of security technology, you shall use Choir (Cho!r) Prodigy and its downloadable or installable products only in compliance with these usage and service rules and in compliance with the Choir (Cho!r) Prodigy End User License Agreement. Any other use of the Choir (Cho!r) Prodigy Software or products may constitute copyright infringement and patent infringement, including the intellectual property rights of third parties.

Any security technology which may be present is an inseparable part of Choir (Cho!r) Prodigy and its products. Choir (Cho!r) Prodigy reserves the right to modify these Terms of Use and Service at any time.

You agree not to violate, circumvent, reverse-engineer, decompile, 
disassemble, or otherwise tamper with any of the Choir (Cho!r) Prodigy Software,
downloadable songs, lessons, products or security technology for any reason, or attempt to assist another person to do so. Choir (Cho!r) Prodigy Terms of Use and Service may be controlled and monitored by Choir (Cho!r) Prodigy for compliance purposes, and Choir (Cho!r) Prodigy reserves the right to enforce the usage rules without notice to you.. You shall not access or attempt to access an Account that you are not authorized to access or to let any other person access or use your Account. You agree not to modify the software in any manner or form, or to use self-modified or third party-modified versions of the software for any purposes including obtaining unauthorized access to Choir (Cho!r) Prodigy or to its features, songs, lessons or any other aspect of Choir (Cho!r) Prodigy. Violations of these Usage Rules may result in termination of your account and civil or criminal liability.

USAGE RULES

(i) You are authorized to use Products only for your personal,
noncommercial use on a compatible device running on a compatible operating system which is owned or controlled by you. Teaching a person to sing or play other musical instruments in exchange for money, other items of value or services and also providing the other person a copy of your downloaded Choir (Cho!r) Prodigy software as one of your five (5) permitted downloads onto devices owned or controlled by you is considered a commercial use of the software and is a violation of this license agreement. Each such person must purchase or otherwise lawfully acquire his or her own copy of the Choir (Cho!r) Prodigy software.

(ii) You are authorized to download or install Choir (Cho!r) Prodigy software and products to no greater a number of such devices than are authorized by the Usage Rules in the Terms of Use and Service which you have entered above, but in no case more than are reasonably necessary for personal use in learning or practicing to sing, improving your singing, learning new songs or entertaining your friends in a private setting. The ability to download or install a Choir (Cho!r) Prodigy product, including songs, to more than one device owned or controlled by you is purely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any product, including songs, lessons, Premium Features or the Choir (Cho!r) Prodigy software itself.

If you purchase a Choir (Cho!r) Prodigy product (including songs, feature sets and other products) and lose the device or devices on which you have downloaded the product or products, or become unable for any reason to access the Choir (Cho!r) Prodigy products you have purchased or otherwise lawfully acquired (licensed), they will not normally be replaced without charge. Once a Choir (Cho!r) Prodigy product is downloaded, it is your responsibility not to lose it, destroy it, damage it, or render it inaccessible or inoperable, and Choir (Cho!r) Prodigy shall not be liable to you if you do so and shall not be obligated to replace it unless you purchase it again. The delivery of Choir (Cho!r) Prodigy products, including songs, lessons and other products does not transfer to you any commercial, promotional, public performance or personal ownership rights in those products, and does not permit you to burn the software, songs, lessons features or other Choir (Cho!r) Prodigy products into any device or platform unless you have downloaded the product from the Choir (Cho!r) Prodigy website or the website of an authorized third party, paid for it if it is a purchasable (licensable) product,
and downloaded it for your personal use only onto an authorized device that you own or control.

CHOIR (CHO!R) PRODIGY LEADERBOARD AND SOCIAL NETWORK POSTING OF YOUR MUSICAL SCORE OR ACHIEVEMENT

You may at some point have the ability to choose to post your musical score or achievement, which attempts to measure your approximate success in playing a particular song, lesson or other scored performance piece (“Performance Result(s)”), to Choir (Cho!r) Prodigy’s Leaderboard or to a social network site to which you belong, such as Facebook, LinkedIn, or Twitter. You may in that way share your Performance Result(s) with people who have also opted to access the Leaderboard or the social networks. Measurement of your Performance Result(s) is an approximation of performance accuracy, and may not always be accurate or accurately reflect your musical abilities,
either in general or on the particular song, lesson, or other scored performance piece. As a result, your Performance Result(s), whether or not you choose to post it, may misrepresent (in either direction) your skills in playing the music. Performance Result(s) may not always be available, may be subject to delays in posting, or may be lost. If Choir (Cho!r) Prodigy is unable to measure your Performance Result(s) accurately or at all or unable to post it or loses it, your only remedy will be to begin again and attempt to generate a new Performance Result. Performance Result(s) have no monetary or other value, and Choir (Cho!r) Prodigy will not compensate you in any way for their loss or destruction, whether by you, by Choir (Cho!r) Prodigy or through the actions of any third party.

Choir (Cho!r) Prodigy may develop a Performance Result Leaderboard (“Leaderboard”). On such a Leaderboard, Choir (Cho!r) Prodigy may display, either in the Choir (Cho!r) Prodigy software itself or on the Choir (Cho!r) Prodigy Website, only the user name with which you have registered on Choir (Cho!r) Prodigy, the Performance Result(s) associated with that user name and name of the song, lesson or other scored performance piece. Choir (Cho!r) Prodigy may also rank your Performance Result(s) in comparison to the Performance Result(s) of others who choose to post the same information.

If you choose to post your Performance Result(s) on a social network to which you belong, other individuals to whom you have given access to your personal information on the social network site under the rules of that site, including the social network itself as well as third parties authorized by you or the social network, will also have access to your Performance Result(s) and be able to associate it with you.

If you reveal your personal identity on the social network site (as generally required by the rules of many social networks), then individuals or other entities to whom you have given permission to learn that identity under the privacy rules of the site will be able to associate your Performance Result(s) with you, together with the song, lesson or other scored performance piece that is associated with your Performance Result(s), as well as other personal information that you may have posted or made available to others, such as your image, birth date, or location, either in general or at a particular point in time, depending on which features of the social network you have activated. Those persons or entities will also be able to access any other comments you may post, such as your musical preferences, abilities or interests.

People whom you have permitted to follow your activities on a social website will also be able to see other activities you have released for viewing, such as events you plan to attend, music that you have indicated that you like, and, by inference, purchases made with your Choir (Cho!r) Prodigy Account. Your activity on another user’s profile, such as comments you make about their activity (e.g., posting on a wall on Facebook), is subject to that user’s privacy settings and can be viewed by all of that user’s followers. You are solely responsible for the information that is associated with your Choir (Cho!r) Prodigy Account that is made available by you on social networks or on the Leaderboard.

If you do not want others to know anything about your use of Choir (Cho!r) Prodigy or your Performance Result(s), you should not post your Performance Result(s) to the Leaderboard or on social networks. Please use extra caution when using these features.

Choir (Cho!r) Prodigy may also use information you provide to social networks or other sites for the purpose of improving its products, selections or recommendations to users, but only in compliance with its privacy policy.

You may ask us to remove your score from the Leaderboard and to opt out of using the Leaderboard. You must notify us by email that you wish to do so. For technical reasons, it may take a substantial period of time to remove your Performance Result(s) from the Leaderboard, or it may prove impossible to do so at a cost that Choir (Cho!r) Prodigy considers reasonable. In addition, others may have re-reported your score on third-party websites or other media, over which Choir (Cho!r) Prodigy has no control. Accordingly, you should not opt in to having your Performance Result(s) posted on the Leaderboard if you think that you may at some time in the future wish to have the results removed. If it should prove possible to remove your Performance Result(s) at reasonable cost, Choir (Cho!r) Prodigy will not be remove a single Performance Result relating to a particular song, lesson or other scored performance piece. Choir (Cho!r) Prodigy will, if they can be removed at all, remove only all of your Performance Results.

POSTING COMMENTS ON CHOIR (CHO!R) PRODIGY WEBSITE

The Choir (Cho!r) Prodigy website, which you may choose to access if you wish, may in the future offer the opportunity to post comments on areas of Choir (Cho!r) Prodigy accessible to and viewable by the public. You agree that any use by you of such features, including any comments submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene,
objectionable, or in poor taste. Choir (Cho!r) Prodigy reserves the right not to post or publish any comments you attempt to place on its website, and to remove or edit any material, at any time in its sole discretion without notice or liability.

MONITORING OF CHOIR (CHO!R) PRODIGY WEBSITE

TWH, the owner of Choir (Cho!r) Prodigy, has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on Choir (Cho!r) Prodigy, to investigate any reported or apparent violation of this Agreement, and to take any action that TWH in its sole discretion deems appropriate, including, without limitation, termination of your Choir (Cho!r) Prodigy registration.

THIRD-PARTY MATERIALS

Certain content, Products, and services available on the Choir (Cho!r) Prodigy Website may include materials from third parties. Choir (Cho!r) Prodigy may provide links to third-party websites as a convenience to you. You agree that Choir (Cho!r) Prodigy is not responsible for examining or evaluating the content or accuracy and Choir (Cho!r) Prodigy does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and neither Choir (Cho!r) Prodigy nor Apple is in any way responsible for any such use by you.

OBJECTIONABLE MATERIAL

You understand that by using Choir (Cho!r) Prodigy, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material.
Nevertheless, you agree to use Choir (Cho!r) Prodigy at your sole risk and TWH shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Product types and descriptions are provided for convenience, and you agree that Choir (Cho!r) Prodigy does not guarantee their accuracy.

INTELLECTUAL PROPERTY

You agree that Choir (Cho!r) Prodigy, including but not limited to Products, 
graphics, user interface, audio clips, video clips, songs, music,
lessons, editorial content, and the scripts and software used to implement Choir (Cho!r) Prodigy, contains proprietary information and material that is owned by Choir (Cho!r) Prodigy and/or its licensees, business partners, affiliates or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of Choir (Cho!r) Prodigy in compliance with this these Terms of Use and Service and the Choir (Cho!r) Prodigy End User License Agreement. No portion of Choir (Cho!r) Prodigy may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell,
 distribute, or create derivative works based on Choir (Cho!r) Prodigy in any manner, and you shall not exploit Choir (Cho!r) Prodigy in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening Choir (Cho!r) Prodigy’s network capacity.

Notwithstanding any other provision of this Agreement, Choir (Cho!r) Prodigy and its licensees, business partners, affiliates and licensors reserve the right to change, suspend,
remove, or disable access to any Products, content, or other materials comprising a part of Choir (Cho!r) Prodigy at any time without notice, including available songs, lessons and other performance pieces. In no event will Choir (Cho!r) Prodigy or any of them be liable for making these changes. Choir (Cho!r) Prodigy and the others may also impose limits on the use of or access to certain features or portions of Choir (Cho!r) Prodigy, in any case and without notice or liability.

All copyrights in and to Choir (Cho!r) Prodigy (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by TWH and/or its licensees, business partners, affiliates and licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF CHOIR (CHO!R) PRODIGY, EXCEPT FOR USE OF CHOIR (CHO!R) PRODIGY AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF TWH AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Trademarks, service marks, graphics, and logos used in connection with Choir (Cho!r) Prodigy, including the design of screen shots, are trademarks of TWH. Other trademarks, service marks, graphics, and logos used in connection with Choir (Cho!r) Prodigy may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

As an Account holder of Choir (Cho!r) Prodigy in good standing, you may be provided with limited access to download or install certain album cover art and textual descriptions for music stored in the Choir (Cho!r) Prodigy application. Such access is provided as an accommodation only, and Choir (Cho!r) Prodigy does not warrant, and will not have any liability or responsibility for, such album cover art or your use thereof. You may access album cover art only for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any other party, and that Choir (Cho!r) Prodigy is not in any way responsible for any such use by you.

TERMINATION

If you fail, or Choir (Cho!r) Prodigy suspects that you have failed, to comply with any of the provisions of this Agreement (including, without limitation, your use of the application in countries in which it is not authorized to be downloaded or used or your permitting others to use the application in such countries), Choir (Cho!r) Prodigy, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii)terminate the license to the software; and/or (iii) preclude access to Choir (Cho!r) Prodigy (or any part thereof).

TWH reserves the right to modify, suspend, or discontinue Choir (Cho!r) Prodigy (or any part or content thereof) at any time with or without notice to you, and TWH will not be liable to you or to any third party should it exercise such rights.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

CHOIR (CHO!R) PRODIGY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF CHOIR (CHO!R) PRODIGY WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME CHOIR (CHO!R) PRODIGY MAY REMOVE CHOIR (CHO!R) PRODIGY SOFTWARE AND/OR FEATURES OR SONGS LISTS FOR INDEFINITE PERIODS OF TIME, OR CANCEL CHOIR (CHO!R) PRODIGY OR ANY OF ITS SOFTWARE AND/OR FEATURES OR SONG LISTS IN ITS OR THEIR ENTIRETY AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, CHOIR (CHO!R) PRODIGY IS AT YOUR SOLE RISK. CHOIR (CHO!R) PRODIGY AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH CHOIR (CHO!R) PRODIGY ARE (EXCEPT AS EXPRESSLY STATED BY CHOIR (CHO!R) PRODIGY) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL CHOIR (CHO!R) PRODIGY, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, LICENSEES, BUSINESS PARTNERS, OR LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF CHOIR (CHO!R) PRODIGY’S SOFTWARE OF FEATURES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF CHOIR (CHO!R) PRODIGY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CHOIR (CHO!R) PRODIGY, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CHOIR (CHO!R) PRODIGY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

CHOIR (CHO!R) PRODIGY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH CHOIR (CHO!R) PRODIGY, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CHOIR (CHO!R) PRODIGY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION, INCLUDING YOUR PERFORMANCE SCORES, IN ANY WAY.

CHOIR (CHO!R) PRODIGY DOES NOT REPRESENT OR GUARANTEE THAT CHOIR (CHO!R) PRODIGY WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, ANDCHOIR (CHO!R) PRODIGY DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN BE DOWNLOADED ONLY ONCE UNLESS OTHERWISE SPECIFICALLY PERMITTED BY THESE TERMS OF USE AND SERVICE AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON UNLESS CHOIR (CHO!R) PRODIGY, IN ITS SOLE DISCRETION, DECIDES TO MAKE AN EXCEPTION FOR YOU. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CHOIR (CHO!R) PRODIGY PRODUCTS PURCHASED OR RENTED FROM AUTHORIZED THIRD PARTIES THAT ARE STORED IN YOUR SYSTEM.

THESE DISCLAIMERS AND LIABILITY LIMITATIONS ARE EQUALLY APPLICABLE TO THE CHOIR (CHO!R) PRODIGY END USER LICENSE AGREEMENT AND THE TERMS OF USE AND SERVICE.

WAIVER AND INDEMNITY

BY USING CHOIR (CHO!R) PRODIGY, YOU AGREE TO INDEMNIFY AND HOLD CHOIR (CHO!R) PRODIGY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, BUSINESS PARTNERS, LICENEES AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF CHOIR (CHO!R) PRODIGY, OR ANY ACTION TAKEN BY CHOIR (CHO!R) PRODIGY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM CHOIR (CHO!R) PRODIGY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO CHOIR (CHO!R) PRODIGY, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CHOIR (CHO!R) PRODIGY ‘S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

YOU ALSO AGREE TO INDEMNIFY AND HOLD CHOIR (CHO!R) PRODIGY, ITS DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, BUSINESS PARTNERS, LICENSEES AND
LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS AGAINST IT WHICH ARISE OUT OF, RELATE TO, OR ARE CONNECTED WITH ANY CLAIMS AGAINST CHOIR (CHO!R) PRODIGY CONCERNING ALLEGTIONS THAT YOU HAVE INFRINGED OR PERMITTED OTEHRS TO INFRINGE OR VIOLATE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, INCLUDING THE RIGHTS OF CHOIR (CHO!R) PRODIGY’S LICENSORS.

THIS WAIVER AND INDEMNITY ARE EQUALLY APPLICABLE TO THE CHOIR (CHO!R) PRODIGY END USER LICENSE AGREEMENT AND THE TERMS OF USE AND SERVICE.

CHANGES

Choir (Cho!r) Prodigy reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of Choir (Cho!r) Prodigy. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of Choir (Cho!r) Prodigy will be deemed acceptance thereof.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Choir (Cho!r) Prodigy and governs your use of Choir (Cho!r) Prodigy, superseding any prior agreements between you and Choir (Cho!r) Prodigy or any of its authorized licensees. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Choir (Cho!r) Prodigy’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Choir (Cho!r) Prodigy will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Choir (Cho!r) Prodigy is operated by TWH from its offices in the United States.
You agree to comply with all local, state, federal, and international laws,
statutes, ordinances, and regulations that apply to your use of Choir (Cho!r) Prodigy. All transactions on Choir (Cho!r) Prodigy are governed exclusively by California law, without giving effect to its conflict of law provisions. Your use of Choir (Cho!r) Prodigy may also be subject to other laws. You expressly agree that exclusive jurisdiction and venue for any claim or dispute (“Action”) with or against Choir (Cho!r) Prodigy or relating in any way to, or arising in any way from, your use of Choir (Cho!r) Prodigy, the Choir (Cho!r) Prodigy End User License Agreement, the Terms of Use of Service or Choir (Cho!r) Prodigy’s Privacy Policy reside exclusively in the courts of the State of California and that any Action of any kind brought against Choir (Cho!r) Prodigy may be brought only in the courts of Los Angeles County, California, and that the courts located in Los Angeles County, California shall have exclusive jurisdiction over any such Actions and that venue shall be proper only in those courts. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No Choir (Cho!r) Prodigy employee or agent or any other person or entity has the authority to vary this Agreement.

Choir (Cho!r) Prodigy may notify you with respect to Choir (Cho!r) Prodigy by sending an email message to your Account email address or by a posting on the Choir (Cho!r) Prodigy website. Notices shall become effective immediately.

Choir (Cho!r) Prodigy reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Choir (Cho!r) Prodigy has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials,and/or a third party, as Choir (Cho!r) Prodigy believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Choir (Cho!r) Prodigy’s right to cooperate with any legal process relating to your use of Choir (Cho!r) Prodigy and/or Products, and/or a third-party claim that your use of Choir (Cho!r) Prodigy and/or Products is unlawful and/or infringes such third party’s rights).

PRIVACY

Except as otherwise stated in this Agreement, Choir (Cho!r) Prodigy is subject to Choir (Cho!r) Prodigy’s Privacy Policy athttp://www.choirprodigy.com/privacy-policy/.

CHANGES

Choir (Cho!r) Prodigy reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of Choir (Cho!r) Prodigy. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of Choir (Cho!r) Prodigy will be deemed acceptance thereof.

IMPORTANT SAFETY INFORMATION

To avoid muscle, joint, or eye strain during use of Choir (Cho!r) Prodigy you should always take frequent breaks from singning, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts to moving light patterns, including watching videos. Symptoms may include dizziness,
nausea, involuntary movements, loss of awareness, altered vision,
tingling, numbness, or other discomforts. Consult a doctor before using Choir (Cho!r) Prodigy if you have ever suffered these or similar symptoms, and stop playing immediately and see a doctor if they occur during game play.
People who sing may also suffer temporary or permanent injury to vocal chords, eyes, neck, and shoulders (including, soreness, muscle pain, and tendon problems). If you notice soreness or other symptoms of fatigue or injury related to these issues, you should rest or stop singing for several days and, if the symptoms persist, consult a doctor. Parents should monitor their children’s use of Choir (Cho!r) Prodigy for signs of symptoms. You may also damage your hearing if you play music, whether on speakers, headphones or ear buds, at too loud a volume. You should always play music at a moderate volume, and if you believe you are suffering hearing impairment (including ringing in the ears or the inability to distinguish sounds or speech), immediately consult a doctor. Choir (Cho!r) Prodigy disclaims all liability for any such injuries to you.

CONTACT INFORMATION FOR CHOIR (CHO!R) PRODIGY

If you have questions or complaints concerning Choir (Cho!r) Prodigy, or need to notify us of the loss or misuse of your email, user name or pass word,
please address your inquiries or notices to:
The Way of H, Inc.
4335 Van Nuys Blvd Suite 308
Sherman Oaks, CA 91403
contact@rockprodigy.com

Inquiries sent by email are likely to be responded to more promptly than inquiries received by mail or phone.

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