Terms of Use

You are using Services (as defined below) developed by Benjamin Andrew. (hereinafter "Benjamin Andrew"). Please read these Terms of Use (hereinafter the "Terms of Use") carefully before using any Services by Benjamin Andrew. By downloading, viewing or using any of our Services you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Services and if you've already begun using Services you are required to cease doing so immediately. In order to participate in certain Services you may be required to download content, software, and/or required to agree to additional terms and conditions.

Please note that you are using the Services at your own responsibility and risk. Benjamin Andrew does not take any responsibility, or provide any warranties, for the outcomes resulting from the use of the Services, nor does it guarantee any result of any kind. Benjamin Andrew shall not be held responsible for any malfunction or damages caused by using Services, downloadable files and/or installation of Services.

Some of the Services are not compatible with the entire variety of mobile devices and computers. You shall be solely responsible for procuring a compatible device if you wish to use some or all of the Services offered by Benjamin Andrew.

THE SERVICES AND ALL MATERIALS CONTAINED IN THEM ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


 

1. GENERAL TERMS


 

1.1. Governing Agreement

These Terms of Use govern the relationship between you and Benjamin Andrew regarding your use of the Services.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE. IF YOU ARE A MUSIC TEACHER AND PROVIDE YOUR CONSENT FOR A CHILD'S REGISTRATION WITH THESE SERVICES, YOU AGREE THAT YOU ARE AUTHORIZED TO DO SO, AND THAT YOU ARE IN COMPLIANCE WITH APPLICABLE LAWS IN YOUR COUNTRY.

1.2. Terms of Use and Privacy Policy

By using the Services you agree: (1) to be bound by these Terms of Use and its conditions; (2) to our Privacy Policy which is incorporated below; and (3) to be bound by other policy and legal notices that may be posted on our Site from time to time. If you do not agree either to our Terms of Use or our Privacy Policy please do not use our Services. You are only authorized to use the Services if you agree to abide by and do abide by all applicable laws, these Terms of Use and Privacy Policy.

We require that you review our Privacy Policy and encourage you to raise any relevant questions with us.

1.3. Eligibility for Use Ability to Accept Terms of Use

You affirm that you have read and accepted these Terms of Use and the Privacy Policy, and that you are fully able and competent to enter into and comply with the Terms of Use, conditions, obligations, affirmations, representations, and warranties set forth herein.

1.4. Updates to the Terms of Use and Conflicting Documents

Benjamin Andrew reserves the right, to change and/or modify these Terms of Use from time to time, at its sole discretion. Any such change or modification shall come into effect immediately after posting them to the Site or Services. By continuing to use our Services you accept such changes and modifications in the Terms of Use. These Terms of Use shall be effective as of January 18th March 2017.

Some Services are free for registered teachers only and their students. Benjamin Andrew reserves the right, to change and/or modify this free offering, at its sole discretion. Any such change or modification shall come into effect immediately after posting them to the Site or Services and/or proper written notice to our users, and may include disconnection after notice.

If as a result of changes or modifications made in the Terms of Use or the Privacy Policy you are no longer agreeing to either one of them, you must immediately stop using our Services.

To the extent that these Terms of Use conflict with the Privacy Policy or any other Benjamin Andrew Terms of Use or policies, these Terms of Use shall govern.

1.5. Ownership

The Services (including without limitation any content, melodies, titles, computer code, themes, objects, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, and moral rights) are copyrighted works owned by Benjamin Andrew and its third-party licensors or providers, unless expressly indicated otherwise. Benjamin Andrew reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.

YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, SLOGANS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR OTHER PROPRIETARY RIGHTS IN THE SITE OR CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY.


 

2. The Services


 

2.1. Definition of Services

Benjamin Andrew provides fun and original applications for mobile devices including ScaleTracks and ScaleTracks JAM.  Each app is designed to accompany the end user whilst they practice scales or improvise on their own musical instrument and/or on the in-built piano keyboard. Services include: (a) mobile applications: ScaleTracks and ScaleTracks JAM and any other existing application or that shall be developed and/or offered by Benjamin Andrew in the future; (b) ScaleTracks.com website (hereinafter: the "Site"), and; (c) other features, content, applications and functionality of any kind that are currently offered or that shall be offered by Benjamin Andrew in the future (hereinafter: the "Services").

2.2. Authorization to Use the Services

Subject to your agreement and continuing compliance with these Terms of Use and Privacy Policy, you may use Benjamin Andrew Services for your own purposes.

Unless expressly stated otherwise, nothing in these Terms of Use shall be deemed as providing you a commercial license of any kind with respect to the Services. No right or license is granted to distribute, publicly perform or prepare derivative works of any content accessed through the Services.

 

2.3. Use of the Services

You are using the Services at your own responsibility and risk. Benjamin Andrew does not take any responsibility, or provide any warranties, for the outcomes resulting from the use of the Services, nor does it guarantee any result of any kind. Benjamin Andrew shall not be held responsible for any malfunction or damages caused by using Services, downloadable files and/or installation of Services.

Some of the Services are not compatible with the entire variety of mobile devices and computers. You shall be solely responsible for procuring a compatible device if you wish to use some or all of the Services offered by Benjamin Andrew.

Use of Services is subject to the following restrictions:

  • You shall not use the Services without the express consent of a parent or a legal guardian if you are under the age of 18;
  • If you are under 13 you are forbidden to disclose any personal information without appropriate parental or legal guardian approval;
  • You accept full responsibility for any unauthorized use of the Services by minors in connection with your account;
  • You are responsible for any use of your credit card or other payment instrument;

2.3.1 Music Teachers Use of Services

In case you are employed or self employed as a Music Teacher we encourage you to incorporate the use of our Services during lessons, extra curriculum, bonus assignments and any other strictly educational purpose in the course of your teachings. You may not, however, charge additional fees for incorporating Services into your teachings. For the avoidance of doubt and in accordance with the aforesaid, Benjamin Andrew does not guarantee and does not take any responsibility for outcomes of using the Services.

2.3.24. Payment for Services

Some Services can be accessed FREE of charge, additional Services may require payment. In order to place payments you will prompted to make a purchase within the app itself using an Apple ID (hereinafter: "Payment Solution"). All payments shall be placed using Payment Solution, thus payment information is not collected and/or saved by Benjamin Andrew.

You are solely responsible for securing your payment information. Benjamin Andrew shall not be held responsible for any theft, unauthorized use and damages of any kind occurring in relation with placing payments to use Services.

Benjamin Andrew may at its sole discretion, from time to time, cancel or add Services offered for free, increase or decrease the amounts required for paid Services, request payment for Services that had previously been offered for free and introduce new Services either free of charge or paid ones.

2.5. THIRD PARTY CONTENT

Services might offer hyperlinks to third party sites and may display content and other information from third party sites (Hereinafter: "Third Party Content"). As a general rule, Benjamin Andrew allows only child-safe, education/music oriented Third Party Content to be promoted via the Services. That being said, Benjamin Andrew does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of Third Party Content. Benjamin Andrew shall not be responsible for any damages, errors, omissions or for the results obtained from the use of such Third Party Content.


 

3. PAYMENTS


 

3.1 In-app subscription

If you choose to purchase "ScaleTracks Jam- Unlock Tracks" to access all existing and new tracks, payment will be charged to your iTunes account, and your account will be charged for renewal 24 hours prior to the end of the current period. Auto-renewal may be turned off at any time by going to your settings in the iTunes Store after purchase or clicking ‘Manage Subscription’ in ScaleTracks Jam, which can be found in the help menu. Current price for "ScaleTracks Jam- Unlock Tracks" is $4.99 USD per year, and may vary from country to country.

 

 

4. PRIVACY POLICY

 

This privacy policy governs your use of the software applications ScaleTracks and ScaleTracks Jam (“Applications”) for mobile devices that was created by Benjamin Andrew. The Application is used to practice improvisation using world class backing tracks. 

 

What information does the Application obtain and how is it used?

User Provided Information 

The Application does not collect any personally identifiable information.

Automatically Collected Information 

The Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application. 

Does the Application collect precise real time location information of the device?

This Application does not collect precise information about the location of your mobile device. 

Do third parties see and/or have access to information obtained by the Application?

Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose Automatically Collected Information:

  • as required by law, such as to comply with a subpoena, or similar legal process;
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
  • if Benjamin Andrew is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

 

What are my opt-out rights?

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. 

Data Retention Policy

We will retain Automatically Collected information for up to 36 months and thereafter may store it in aggregate.

 

Children

We do not use the Application to knowingly solicit data from or market to children under the age of 13.

 

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

 

Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. You can check the history of this policy at the foot of the document.

 

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the European Union. If you reside outside the European Union your information will be transferred, processed and stored there under European Union privacy standards. 

 

Contact us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at support@scaletracks.com.

 

History

2018-02-20: Initial version.


5. DISCLAIMERS AND LIMITATIONS OF LIABILITY


 

6.1. DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL MATERIALS CONTAINED IN THEM ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Benjamin Andrew is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Services or with respect to the information and material contained in these Services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BENJAMIN ANDREW, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED IN THE SERVICES WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY BENJAMIN ANDREW OR ANY THIRD PARTY.

Notwithstanding the foregoing, in no event shall Benjamin Andrew be to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any.

6.2. Indemnification

You agree to indemnify, defend and hold harmless, Benjamin Andrew, his affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. Benjamin Andrew reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Benjamin Andrew in asserting any available defenses.

You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Service.
 

7. DISPUTE RESOLUTION
 

We strongly encourage you to contact us directly before resorting to litigation. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

These Terms of Use and the relationship between you and Benjamin Andrew shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You agree to submit claims and disputes to the exclusive jurisdiction of the competent court in London, England. You hereby waive any and all jurisdictional and venue defenses otherwise available.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 

8. SEVERABILITY
 

In the event that any portion of these Terms of Use is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions, which shall continue to be in full force and effect.
 

9. GENERAL PROVISIONS
 

9.1. Assignment

You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Benjamin Andrew' prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

9.2. Entire Agreement

These Terms of Use contain the entire understanding of you and Benjamin Andrew and supersede all prior understandings, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.