Terms of Use
Last Updated: January 28, 2025
1. Agreement to Terms
By accessing or using Finger Drumming Trainer ("the Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these terms, please do not use our service. These Terms constitute a legally binding agreement between you and the operators of Finger Drumming Trainer.
2. "As Is" Disclaimer
!! Disclaimer of Warranties !!
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
3. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FINGER DRUMMING TRAINER, ITS CREATORS, OPERATORS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, FOR ACCESSING THE SERVICE, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, DATA LOSS, CORRUPTION, OR ISSUES RESULTING FROM YOUR USE OF THIS SERVICE, INCLUDING BUT NOT LIMITED TO BROWSER COMPATIBILITY ISSUES, MIDI DEVICE MALFUNCTIONS, OR AUDIO SYSTEM PROBLEMS.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Use the Service to transmit, or procure the sending of, any advertising or promotional material without our prior written consent
- Impersonate or attempt to impersonate the Service, a Service employee, another user, or any other person or entity
5. Intellectual Property
The Service and its original content, features, and functionality are owned by Finger Drumming Trainer and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software.
6. User Content and Data
You retain ownership of any patterns, data, or content you create using the Service. However, by using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process such content solely for the purpose of providing and improving the Service. You are solely responsible for backing up any data you create using the Service. We are not responsible for any loss of data.
7. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Service operators are located, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
9. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We will provide notice of significant changes by updating the "Last Updated" date at the top of this page. Your continued use of the service after any such change constitutes your acceptance of the new Terms of Use.
10. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
11. Indemnification
You agree to defend, indemnify, and hold harmless Finger Drumming Trainer, its operators, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
12. No Professional Advice
The Service provides educational content and training tools for finger drumming practice. The information, patterns, and guidance provided are for educational and entertainment purposes only. We do not provide professional music instruction, medical advice, or any other form of professional consultation. You should not rely on the Service as a substitute for professional music education or instruction.
13. Force Majeure
We shall not be liable for any failure or delay in performance under these Terms which is due to earthquake, fire, flood, act of God, act of war, terrorism, epidemic, pandemic, internet outage, third-party service failure, or any other cause beyond our reasonable control.
14. Contact Information
If you have any questions about these Terms of Use, please contact us via the GitHub repository issues page at the repository where this project is hosted. We do not maintain a separate customer support channel for legal inquiries.