Terms of Service

General Terms and Definitions

Terms Of Service provides terms and conditions for using Web Application which is owned by Szwarcsoft Małgorzata Szwarc. Web Application is meant to help in musical ear training via Internet network.
In the Terms Of Service following definitions are used:
1. Web Application – web page / online system containing materials and exercises related to musical ear training, proprietor of which is Szwarcsoft Małgorzata Szwarc
2. Account – individual access to Web Application related to musical ear training. It contains history of Users progress and his privileges. It is being identified by Login.
3. Login – required alphanumeric identification string. It is provided during Account creation at „Web Application”. It is required for the authorized access.
4. Password – alphanumeric string which enables authorization to the Web Application. It is known only to the User and is provided by the User during Registration.
5. Form – Internet document used for Registration of the User at Web Application.
6. Registration – Activity which result is creating an Account at Web Application. It includes (but is not limited to) providing real Personal Information (First and Last name) and acceptance of these Terms Of Service conditions.
7. User – Person which was granted access to the Web Application.
8. Resource – Information, Exercise or any other Content provided by Web Application.

Language of the Terms

Where "Szwarcsoft Małgorzata Szwarc" has provided a translation of the Polish language version of the Terms Of Service, you agree that the translation is provided only for your convenience only and that the Polish language versions of the Terms will govern your relationship with "Szwarcsoft Małgorzata Szwarc"
If there is any contradiction between what the Polish language version of teh Terms says and what a translation says, then the Polish language version shall take precedence.

Terms for obtaining access to the Web Application

Main purpose of the Web Application is to provide support in musical ear training by exercise that User can perform independently on computer via Internet network.
Account registration is free of charge. It is recommended to create only one Account per person.
Users might have to pay a fee for using full scope of the Web Application, except of exercises and their setup which was meant for:
1. Not registered person – Guest
2. User which has not payed the fee yet or User subscription has expired.
Exercises and their options that is provided without any fee might be limited or changed by Web Application Proprietor at any time
User will cover the cost of the Internet connection between his/hers computer and the Web Application.
To create a “User Account” user have to:
1. Fill in Registration from at Web Application.
2. In case of users below 18 consent of parents or legal guardians must be provided. In such cases payment might by done by parent or legal guardian of User.
3. Person which is willing to create an “Account” agrees that Web Application proprietor will collect his/hers PI (Personal Information) data.
4. After submitting Registration From activation link will be sent to the Users e-mail address. Clicking that link will activate access to the Account.
5. Full unlimited access to the Web Application is obtained by purchasing subscription
Web Application might automatically refuse Registration if:
1. Proposed “Login” was already taken by other user of Web Application.
2. Data verification shows that data provided is not accurate (passwords do not match, e-mail address is incorrect etc.)
Logging into the Web Application is possible only by providing proper login and password combination.
User might change login or password or email after Registration at any time.

Obtaining full access to the “Resources” of the Web Application

Activation of the full access to Web Application Resources takes places transfer of the funds to the Web Application proprietor is completed or information from payment intermediary was provided (via automated online payment systems).
Subscription period starts from the confirmation date of the transfer of the funds to the Web Application or information from payment intermediary.
Web Application proprietor might limit maximal length of paid subscription period.
User is NOT obliged to extend subscription. Subscription can be extended at any time.
Once subscription will expire User might still use the Web Application. It will only be possible to access limited functionality (Guest settings).
Data related to User account together with statistics of the exercises will be kept for at least 6 months since last subscription expiry date. This data will not be automatically deleted unless a need of data archiving will occur.

Terms and conditions for usage of the Web Application

After Account registration and subscription purchase User has unlimited access to the Web Application Resources.
During usage of the Web Application no additional software is installed at Users computer without his knowledge nor permission.
While providing any form of Feedback, Comments, Opinions or Content User agrees to publish this content at Web Application. Such content might be signed by users Login or Name.
Web Application proprietor is not responsible for the content distributed and posted by Users.
It is forbidden to distribute content that infringes the law, decency or personal rights of third parties. Violation of this term might result, at the discretion of the Web Application proprietor, limiting the possibility of using the Web Application Account without refund for unused subscription time. Such content posted by such User will be removed.
Web Application proprietor will not be held responsible for content of any kind posted by Users.
Users of the forum are obliged to follow Polish law (no hate speech, racism etc.), good manners and these Terms Of Service.
Web Application proprietor might turn off “forum” at any time without previous notice and without providing any reasons.

Users obligations

User is obliged to use Web Application following Polish law (no hate speech, racism etc.), good manners and these Terms Of Service
Usage of most of the Web Application Resources requires logging in.
By submitting Registration Form User confirms that information provided in that form is accurate and authentic. Moreover by submitting Registration Form user agrees to these Terms Of Service and its binding conditions.
User is obliged mainly to:
1. Provide accurate and authentic information in Forms.
2. Notify Web Application proprietor by using Contact Form about all spotted issues, problems, inaccuracies and lack of access to Web Application.
3. Not to provide to third parties his/hers login and password and to protect that information.
User cannot transfer his rights related to Web Application to third parties.

User Account removal and other restrictions

Web Application proprietor is allowed to remove User Account or content published by User, temporarily block Users account or permanently blocking possibility of User to publish any content or other restrictions to Web Application Resources - in case when:
1. While using Account User is violating Polish law (hate speech, racism etc.) or these Terms Of Service.
2. Login defined by User is expression that is commonly thought to be offending or not following good manners.
3. Users comments, posts or any other content contains expressions that are commonly thought to be offending or not following good manners.
Web Application proprietor is not obliged to inform User about reasons for blocking or permanently removing Login or restricting Users access to Resources of the Web Application.
User might not run or activate removed Account or recreate previously removed data created by User.
After Login removal Web Application proprietor might provide possibility of using previously removed Login to other User for new Registration.
After Account removal, Login is not anonymous. User should ensure that login does not contain any PI (Personal Information) data (like First or Last Name).

Responsibility

If not stated otherwise, Web Application and all Resources are property of Web Application proprietor and are protected by Copyrights accordingly to the law.
Information provided in the Web Application are only for educational and informational purposes only.
Authors of the exercises and all other Information provided in Web Application has made their best efforts so that content follows the letter of law.
Web Application proprietor might be providing changes to Resources without prior notice to the users of the Web Application.
Web Application proprietor is NOT responsible for:
1. any damage that might occur during Web Application usage and direct or indirect usage of information provided by Web Application, applying in practice presented examples, their completeness and accuracy of the Information provided,
2. any action or damage made by any third parties that are responsible for hardware or software that enables proper and uninterrupted Internet network operation or Users computer,
3. any damage to User hardware or software or any data loss of the User while using Web Application including virus infections etc.
4. any cases of Web Application being down that are caused by lack of connection or any other reasons
Usage of the Web Application is at the sole Users risk and cost related to Internet connection. Web Application proprietor does not guarantee issue free and uninterrupted access to the Web Application.
Web Application proprietor does not guarantee that information sent via internet will reach User in error free, complete and unmodified form.
Web Application proprietor is not responsible for any damage caused by any issues caused by malfunction of the system including hardware damage, delays, interference in data transmission.
User will be held responsible for:
1. content and information published by himself/herself at Web Application,
2. any damage that might be caused by providing third parties Users login or password

Personal Information

By accepting these Terms Of Service User agrees to:
1. Collecting and storing Personal Information data by Web Application proprietor which were provided during Registration and regular usage of the Web Application, as per regulations of the Polish law.
2. Receiving information related to access to “Web Application as well as Advertisements and other marketing information as per regulations of the Polish law.
3. Correction made by Web Application proprietor related to obvious mistakes in data provided by User like misspelling of city names etc.
Personal Information provided by User is used only for purposes related to access to Web Application. It is not shared with any third parties, except of rare cases where it might be needed by Polish of law.

Copyright of the content entered by Users

User of the Web Application waives copyrights and financial rights related to improvements and suggestions to the Web Application.
User of the Web Application agrees to publicize educational ideas that might be helpful to other users in ear training.

Web Application maintenance policy

Unannounced lack of service lasting up to 10 min might happen any time. Web Application proprietor will try to ensure that all technical maintenance will take place between 22:00 and 08:00 a clock of Polish local time (UTC+2).
All scheduled technical maintenance will be announced in advanced at the main page of the Web Application.
Scheduled updates of the Web Application that require downtime will be planned between 22:00 and 08:00 local Polish time (UTC+2). Web Application proprietor will try to ensure that these changes will not take more than 60 min. In rare cases they might take longer.

Final provisions

Terms Of Service is valid once it is published.
These Terms Of Service might be changed by Web Application proprietor at any time
All changes to the Terms Of Service will be valid since the moment they will be published. User might or might not be informed about these changes via message sent to e-mail address provided during Registration.
All matters that are not included in these Terms Of Service will be regulated by Polish law.
Any disputes will be settled by the court competent for the residence of the Web Application proprietor.