Terms of use

1. About

1.1
Welcome to Classplash (“Classplash”, or “us”, “we” or “our”), a GmbH (limited liability company) based in Lorenzstraße 29, 76135 Karlsruhe in Germany. We are registered in District Court Mannheim with the company registration number 728229.. Our VAT number is DE312880435. By using or accessing our Classplash website classplash.de and/or classplash.com (the “webpage”) and our Classplash applications (“apps”) and all proprietary services, information, materials, software, and data accessed via the foregoing (jointly and individually also referred to as the “Classplash Service”), you (the user or viewer of the Classplash Service, also “your”) agree to comply with and to be bound by the following terms and conditions, which – in combination with our privacy policy – governs our relationship with you in relation to the Classplash Service and the use of your personal data. If you disagree with any part thereof, you are not allowed to use the Classplash Service.

2. Your use of our Services (Apps / Extra Contents)

2.1 App: Harmony City

Harmony City is a cross-platform educational learning app – made by musicians for music beginners and enthusiasts. The app is available on the Apple App Store and Google Play Store.

2.1.1
The app uses video content from YouTube and does not store that content in its infrastructure. The app opens the video from the YouTube platform by using your browser from your device, which is shown during gameplay. The user will always need an active Internet connection, so the app doesn’t store any copyrighted content or media.

2.1.2
The app will just listen to the microphone to detect the chords or notes being played by the user in sync with the video, and decide if they are correct.

2.1.3
As we want to figure out the best user experience, we pick songs which are suitable for most age groups and that work properly with microphone detection.

2.1.4
The app does not and, unless with explicit permission from the authors, independently distribute any copyrighted song or media content through its Services.

2.1.5
The user may only stream video contents from the YouTube platform that are not limited by YouTube (or other third-party platforms, i.e. region-restricted videos) or for which he or she holds the rights of viewing and use (according to YouTube Terms & Conditions).

2.1.6
The user accepts to use the app for its own personal, non-commercial purposes only.

2.2 Apps: Flute Master, Rhythmic Village, Hello Music, Baby Composer

Flute Master, Rhythmic Village, Hello Music and Baby Composer are cross-platform educational learning apps. These apps are available on the Apple App Store, Google Play Store and Microsoft Store.

2.2.1.
The apps will just listen to the microphone to detect the notes or sounds being played by the user and decide if they are correct.

2.2.2
These apps can, under certain circunstances, be unlocked through licenses (ID and Key).

2.2.3
Some functions are just available in the full / paid version.

2.3 App: Cornelius Composer

Cornelius Composer is a cross-platform sheet music editor, available on the Apple App Store, Google Play Store and Microsoft Store.

2.3.1
Some functions are just available in the full / paid version.

2.3.2
The app is able to import (MusicXML, MIDI) and export scores (MusicXML, MIDI, PDF). The user is obliged to view and access only content for which he or she has viewing / editing rights.

2.3.3
These apps can under certain circumstances be unlocked through licenses (ID and Key).

2.3.4
The app does not and never will independently distribute any copyrighted song or media content through its Services.

2.4 Extra Content

In some cases, we also provide additional content to our apps, like self-created e-books, Webinars, Google Slides and PowerPoint documents.

2.4.1
When you make a subscription through this page: https://classplash.com/worldofmusicforschools/ you will get an invitation to a shared folder from Google via e-mail. After accepting it, you are allowed to edit the Google Slides, download them in Power Point and share them with your students. You are not allowed to share this content with others, like other teachers and students which are not related to you.

2.4.2
For e-books created by us (like our Flute Master e-book), you are not allowed to share them with others, unless you got them after subscribing through this page: https://classplash.de/worldofmusicforschools/. In that case, you can share them with your students.

3. Licenses

In some circumstances you will get a license from us (via e-mail, after redeeming a voucher, in a PDF, in our Classplash Portal, printing assets etc.), which is composed of an ID and Key. You can use these for unlocking our available free apps. These licenses can only be used by you, unless you have our explicit permission to do otherwise. They may unlock a single app or multiple apps, and unlock different features. Licenses may have a validity period ending on a fixed date, validity based on a duration, or no time limit at all.

4. Subscriptions

4.1
If you choose to sign up for a yearly or other time-based subscription, you understand and authorize that the Subscription will be renewed for consecutive periods with the same duration.

4.2
If a Subscription is renewed, the fee for the renewal will be paid by the payment system you have chosen before.

4.3
Unless set out otherwise by us, the term of your subscription will start on the date on which you have paid for the Classplash Services. Subscriptions and other agreements between you and us will end on the earlier of the last day of the term set by Classplash or agreed upon between you and Classplash, or Classplash’s termination of the Subscription pursuant to the following subclause. Your statutory right of withdrawal are not affected.

4.4
Where a subscription is taken out directly from the Site or Application, in order to cancel your subscription, you must go to your device subscription management (instructions are provided for every platform) and cancel the subscription. Cancellation will be effective at the end of the current subscription period‚. For a trial or discovery period, cancellation occurs at the date and time of cancellation as indicated in the Subscriber’s account, unless stated otherwise on the Site.

If the subscription was taken out via a third-party website (such as iTunes, for example), the Subscriber must follow the instructions to cancel the subscription. The Subscriber should be aware that conditions (how to cancel, within what timeframe, etc.) may vary from one third-party platform to another.

4.5
Without limiting our statutory rights to terminate or Classplash’s other rights and remedies, we are authorized to suspend the fulfilment of the obligations at our own discretion, including the rights granted herein, or to terminate or dissolve the Subscription and any other agreements with you without incurring any liability for compensation if:
a) you do not – timely – fulfil your obligations vis-a-vis Classplash, whether partly or in full; b) we become aware of circumstances that constitute valid grounds to expect that you will not timely fulfil your total obligations; c) we receive complaints in respect of your use of Classplash’s Services; d) other circumstances occur whose nature precludes that we can be required to fulfil our obligations according to standards of reasonableness and fairness, or in the event of other circumstances of which the nature thereof precludes that we may be reasonably be expected to maintain our obligations without alteration.

5. Payments and possible Fees

5.1
Parts of the Classplash Service are for free, some are not. Which part of the Classplash Service are paid (“Paid Classplash Services”) and the fees thereof, are indicated on the product pages of the platforms in each App (App Store, Play Store, Microsoft Store) or on the Website (classplash.de / classplash.com) or otherwise through the Classplash Service.

5.2
The prices we charge for the Classplash Service can change in the future. If the pricing for a current Subscription does change, such pricing will apply as of the first day of the next renewal of your Subscription. We will notify you of such changes. If you do not wish to agree to the changes, you can notify us that you do not want the Subscription to be renewed as described under “Subscriptions”.

5.3
By choosing to use Paid Classplash Services, you authorize us to charge you for all fees and other amounts by the payment system you have chosen before.

5.4
We may use a third-party payment processor to facilitate your payments.

5.5
Unless specifically mentioned otherwise in writing, the Fees and other amounts are inclusive of VAT and other government levies in Europe, unless indicated otherwise.

5.6
Introductory offers or discount promotional periods are limited. The discount period on the regular price for Classplash services is always clearly stated on price reductions. After the initial discount period, the normal subscription price will apply.

6. License, Account and password

6.1
You are responsible for any and all use of the Classplash Services, as well as for the integrity of the password and other identifying means in respect of your account details at Classplash.

6.2
You shall keep your username, password, ID, Key and other identifying means secure and will not allow anyone else to use your username, password, ID or Key to access the Classplash Services.

6.3
Classplash is not responsible nor liable for any loss that results from the unauthorized use, with or without your knowledge, of your username, password, license (ID, Key) and/or other identifying means.

7. Rights

7.1
The Classplash Service contains material which is created and owned by us. This material includes, but is not limited to, the design, code, photographs, layout, look, sounds, appearance, graphics, and software. All rights of use not expressly granted to you are reserved by us. We retain all our rights, titles and interest provided by or on behalf of us, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, domain names, patents, titles, computer codes, audiovisual sounds, themes, settings, artwork, musical works, and moral rights, all of the foregoing whether registered or not, and all applications thereof.

7.2
All other images, content, logos and trademarks are the property of their respective owners.

7.3
It is not allowed to make the Classplash Services or any contents thereof public or to reproduce it, including but not limited to disclosing, publishing, (re)distributing or (re)producing, whether in whole or a part thereof, in any form, unless explicitly allowed in these terms and conditions.

7.4
Contract languages are German and English

8. Complaints

If you have any complaints regarding the Classplash Services, you can submit them per e-mail to [email protected]

We will respond to your complaints within 4 weeks upon receipt thereof, to the correspondence address indicated by you in your complaint.

9. Service status and service interruption

9.1
Classplash is committed to providing the most reliable service possible, but reserves the right at any time to terminate it without notice for technical or organizational reasons.

9.2
Classplash is not responsible in case of malfunction of third-party services to which the app connects.

9.3
Classplash is not responsible for the accuracy of the data displayed.

9.4
Classplash is not responsible for the termination of certain functions.

9.5
Classplash is not responsible for any loss of data such as “player progress”, “videos” and all settings regarding the apps.

9.6
You agree to have access to the “as is” service.
9.7
The catalogue available as part of the Classplash Service may be subject to change. Classplash cannot guarantee the availability of any given track or album or any artist or group in the Classplash Service catalogue. Moreover, Classplash cannot guarantee that any given track, album, artist or group in the Classplash Service catalogue will be available indefinitely. Classplash incurs no liability for the withdrawal of any part of the catalogue content made available.

9.8
We have the right to make any changes or improvements to the Service as it deems necessary. We nevertheless guarantee that it will not affect the quality or substantially change the features of the Services.
In addition, we have the right to temporarily remove access to the Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of service. You have acknowledged that we cannot be held liable and thus you waive any right to compensation and/or action against us in that respect. Notice of temporary interruptions in the Service will be given on the Site at least 24 (twenty-four) hours before they occur. Classplash is also entitled to shut the Service down permanently with no compensation payable. Notice of the permanent shutdown of the Service will be given via the Site or Application. The Subscriber will no longer be liable for any payment from the date of the Service shutdown.

10. Applicable law and competent court

Your use of the Classplash Service, these terms and conditions, the relationship between you and us and any dispute arising therefrom is subject to the laws of Germany. Any dispute not settled between you and us will be brought before the German competent court.

11. Terms of Use for Webshop

The specific terms of use for the web shop will be showed up in the checkout process and can be printed (or by clicking this link)

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