Terms of Service
Tonefully – Worship Resources

TONEFULLY – WORSHIP RESOURCES TERMS OF USE

The following terms and conditions of use (“Terms of Use”) govern your use of this web site, www.tonefully.com (the “Site”), and the subscription services available through it, further defined below (the “Service”). We reserve the right to change the Terms of Use at any time without prior notice. BY USING THIS WEB SITE AND SUBSCRIPTION SERVICE YOU ACCEPT AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THE TERMS OF USE IN THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS THE SITE OR THE SERVICE.

  1. THE SUBSCRIPTION SERVICE
    1. Description. Tonefully.com is a web-based service and hub for free and paid downloadable content intended for use in churches and other non-profit organizations.
    2. Users. A user must be at least eighteen (18) years of age and accept the Agreement in order to use the Tonefully resources.
    3. Registration. User hereby warrants and represents that the information provided during the registration process is accurate and that, if registering on behalf of any entity, the User is an authorized agent of that entity. User hereby grants Tonefully a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use the User’s registration information for its business purposes. Tonefully will use reasonable efforts to protect the privacy of information obtained as part of the registration process. User also agrees to keep all user information up to date.
    4. Payment. User shall pay a fee according to the current price listed on the Site.
    5. Email Communications. From time to time, Tonefully will use email to communicate with the User. By using the Service, Users agree to receive receipts, status notifications, newsletters, and carefully selected special offers, promotions, and third-party services that Tonefully believes could be of value to the User. Users are free to unsubscribe from such communications at any time.
  2. LIMITED LICENSE
    1. Limited Use License Grant. By consenting to these Terms of Use, a User is entitled to a limited, non-exclusive, non-transferable, non-assignable license to utilize the content downloaded from Tonefully for use personal use and use in live settings for worship and other non-profit events. Not to be resold and distributed.
    2. Loss of Licensed Material. If Tonefully should decide to discontinue any of its licenses or products  on the Site and Service, Tonefully may immediately remove such content without notice to User.
  3. PROHIBITED USES
    1. Prohibited Uses of Protected Intellectual Property. User acknowledges that the Service is for non-profit use and not for redistribution or resale. Furthermore, User shall not copy, reproduce, distribute, modify, sell, transfer, or otherwise exploit the content, data, or other information on the Site and Service. Users shall not remove, conceal, or alter the copyright notice, byline information, credits, or other notices of intellectual property on the Site. User hereby agrees not to make any profitable commercial use or exploitation of the Site or Service or any of the content therein. User expressly agrees not to share his or her password with anyone who is not registered on his or her account. Users may not distribute, rent, reproduce, or sell from the Web Site. The User must comply with all applicable laws in connection with using the Service. The User agrees to refrain from any use that is infringing, defamatory, libelous, or invasive of the personal or privacy rights of others or depicts third parties in a false light or other unlawful or actionable manner.
    2. Prohibited Uses Related to Site Security. Users are prohibited from modifying the Site or any portion of it. Users agree not to upload or otherwise infect the Site with any viruses, Trojan horses, worms, time bombs, or other electronic data that are intended to damage, interfere with, surreptitiously intercept, or expropriate Tonefully’s Site, Service, data, or other content. Users are prohibited from accessing content not intended for User access and prohibited from testing the vulnerability of the Web Site or otherwise creating or attempting to create a security breach. Users are prohibited from interfering with the Service, the host, and the network and are prohibited from using any web tools to harvest data or other content information from the Site.
  4. PROPRIETARY RIGHTS
    1. Intellectual Property. As between you and Tonefully, Tonefully owns and has all rights to control the contents of this Site, including but not limited to all of the intellectual property, copyrights, trademarks, patent rights, database rights, moral rights, sui generis rights, and all rights in the graphics, user interface, “look and feel,” text, symbols, musical compositions, video files, audio recordings, literary property, images, the selection and format of these elements, the underlying software and databases. All of these elements may be protected by U.S., state, and international intellectual property laws.
    2. Derivative Works. User expressly acknowledges that User bears all responsibility for obtaining the rights and permissions necessary to create any derivative works with the skills learned via the Service. User acknowledges that this license agreement is only a limited license and does not contain the right to create, record, or register derivative works or arrangements of the licensed compositions and sound recordings made available via digital download.
    3. Public Performance. User expressly acknowledges that User bears all responsibility for obtaining the rights and permissions necessary to publicly perform any of the musical works obtained via the Service. User acknowledges that this license agreement is only a limited license and does not contain the right to sell or redistribute the licensed compositions and sound recordings made available via digital download.
    4. Copyright Agent for Infringement Notices. The parties are mutually committed to protecting the intellectual property of others. The parties acknowledge that Tonefully does not have a duty to affirmatively monitor the Site or Service for potential infringements of proprietary rights. If you believe that your work has been copied in a manner that amounts to copyright infringement, please provide written notice to contact@tonefully.com Your written notice should contain the following information: address, phone number, email, a description of the alleged infringing material, the specific location of the allegedly infringing material, a statement that you have a good faith belief of infringement, a signature, and a statement made under the penalty of perjury that your notice is accurate.
  5. INTERNET
    1. Accessibility. Tonefully shall not be responsible for any delays, interruptions of, errors, or omissions encountered in accessing the Site or Service. Tonefully makes no representation, warranty, or covenant that its Site or Service will be available at any specific time or from any specific place. Tonefully SHALL NOT BE RESPONSIBLE FOR ANY LOSS, COST, DAMAGE, OR LIABILITY THAT MAY RESULT FROM SUCH LIMITATIONS ON ACCESSIBILITY.
    2. Third Party Web Sites (“Linked Sites”). Tonefully’s Site may contain hyperlinks to third-party web sites. These linked sites are not under Tonefully’s direction or control, and Tonefully is not responsible for any of the content on the linked sites. Linked sites should not be viewed as an endorsement by Tonefully, and a User assumes the risk of accessing any of these linked sites.
    WARRANTIES, INDEMNIFICATION, AND LIMITATION OF LIABILITY

    1. Warranties. The User represents and warrants that he or she has the full legal authority to enter into this Agreement. The User further represents and warrants that his or her use of the Site and the Service will be in compliance with the requirements under the Terms of Use. If the User is the head administrator of a church or other group account, then User affirmatively agrees that all sub-users on that account will comply with the Terms of Use and accepts responsibility for forcing such compliance.
    2. Indemnification. User agrees to indemnify and hold Tonefully and all of its subsidiaries, affiliates, officers, agents, members, and employees harmless from all liabilities, claims of any third party, damages, costs and expenses, including reasonable attorney’s fees, arising out of the User’s use of the Service and/or the User’s violation of the Terms of Use. User agrees to indemnify and hold harmless Tonefully against any claims of infringement, contributory infringement, or vicarious infringement liability related to User’s use of the musical compositions and sound recordings, which are made available under the limited use rights of this Agreement. If the User is the head administrator of a church or other group account, then such User agrees to indemnify and hold Tonefully harmless from any liabilities, claims, or damages arising from a sub-user’s violation of the Terms of Use.
    3. Disclaimers. The Site and Service are provided “AS IS.” Tonefully makes no guaranty that any one song will be available through the Service at any point in time. Tonefully has the right to add or subtract from its inventory at its sole discretion, and DISCLAIMS ANY LIABILITY RELATED TO THE NON-AVAILABILITY OF ANY PARTICULAR COMPOSITION, RECORDING, OR LESSON. Tonefully DISCLAIMS ANY WARRANTY OF ACCURACY OR PRECISION IN THE INSTRUCTION OF THE LICENSED MUSICAL WORKS OR THE ACCURACY OF ANY DISPLAYED INFORMATION though Tonefully makes reasonable, good faith efforts to provide accurate instruction and credits. Tonefully MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING IN ANY WAY TO THE WEB SITE, including, but not limited to, any user identity or linked content. Without prejudice to the generality of the foregoing, Tonefully SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS.
    4. Limitation of Remedies. Tonefully SHALL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES, COSTS, OR LOSSES RELATING TO THE SITE OR THE SERVICE ARISING UNDER THESE TERMS OF USE OR OTHER APPLICABLE LAW IN ANY AMOUNT ABOVE THE AMOUNT PAID BY THE USER FOR THE SERVICE. IN NO EVENT SHALL Tonefully BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, DELAY DAMAGES, OR DAMAGES FROM THE LOSS OF USE OF THE SERVICE, EVEN IF Tonefully HAS BEEN PUT ON NOTICE OF THE POSSIBILITY FOR SUCH DAMAGES.
  1. TERM AND TERMINATION
    1. Term. The term of this agreement shall commence on the date Tonefully confirms any purchase or download a User has made on the Site.
    2. Breach. Breach shall be defined as the failure of any party to perform any agreement or obligation set forth according to these Terms of Use or the material inaccuracy or breach of any representation or warranty made under this agreement. A breach will be considered material where the breaching party fails to cure such breach on or before the 10th day following notice of the breach, or, if such breach cannot be cured within 10 days, the breaching party fails to commence to cure such breach during those 10 days and further fails to pursue such cure to completion. Notwithstanding this definition of breach, Tonefully reserves the right to suspend your account immediately if it believes in its discretion the User is a repeat infringer of intellectual property rights or has otherwise engaged in PROHIBITED USES forbidden by Section III or has violated the Proprietary Rights as provided in Section IV of these Terms of Use.
  2. MISCELLANEOUS
    1. Modifications. Tonefully reserves the right to change the Terms of Use Agreement and such modifications shall be effective immediately. A User’s continued use of the Site and Service after changes are made to the Site, Service, and/or Terms of Use shall be evidence of the User’s acceptance of such changes.

    2. Severability. Any clause herein that is held to be fully or partly invalid or unenforceable for any reason whatsoever, or in violation of any applicable laws, shall be deleted and the remaining clauses of this Agreement shall continue to have effect and be binding upon the parties.

    3. Survival. The following provisions shall survive any termination or expiration of this Agreement: Payment; Warranties, Indemnification, and Limitation of Liability; Relationship of Parties, Survival and Miscellaneous.

    4. Entire Agreement. This Agreement represents the exclusive, full, and complete agreement of the Parties.

    5. Relationship of Parties. The Parties are independent contractors. None of the terms set forth in this Agreement create, or are to be construed as creating, any partnership, joint venture, agency, master-servant employment, trust, or any other relationship between the parties.

    6. Reservation of Rights. Any rights not expressly granted herein are reserved by Tonefully.