Terms of Use
These Terms of Use ("Terms") were last updated on 15.05.2024. Please read these terms carefully as they serve as a legally binding contract between us and contain important information about your legal rights, remedies, and obligations.
If you reside in the European Union and agree to these terms, you agree that disputes with TONE TERRACE will only be decided in Austrian courts based on individual claims. You also waive the right to participate in class actions.
TONE TERRACE provides individuals worldwide, regardless of their location, the opportunity to create and offer educational content, live lectures, online masterclasses, Coaching, Courses or workshops in the field of music and performing arts (Educators) and access such content (Participants). We need rules to protect our platform and services for you, us, and our community of Participants and Educators. These Terms of Use apply to all your activities on the TONE TERRACE website and other related services ("Services"). If you intend to publish live lectures, online masterclasses, Coaching, Courses or workshops on the TONE TERRACE platform, you must also agree to the Terms of Educators. Additionally, our Privacy Policy provides detailed information regarding the processing of personal data of our Participants and Educators. By using our Services, you consent to this data transfer.
Table of Contents
1. Account - Educator (Event Organizer)
2. Enrollment for Content and Lifetime Access
3. Participants
4. Content and Code of Conduct
5. TONE TERRACE's Rights to the Content You Publish
6. Use of TONE TERRACE at Your Own Risk
7. TONE TERRACE's Rights
8. Other Legal Terms
9. Dispute Resolution
10. Updates to these Terms
11. Contacting Us
1. Account - Educator (Event Organizer)
For most activities as an Educator on our platform, you need an account. You should keep your password secure as you are responsible for all activities related to your account. If you suspect a third party is using your account, please promptly inform our support team or email us at office@toneterrace.com. To use the TONE TERRACE platform, you must have reached the required age of majority for using online services.
For most activities on our platform, such as creating of Events, you need an account. When setting up and managing your account, you are obligated to provide accurate and complete information, including a valid email address, and keep this information up to date. You are solely responsible for your account and all associated activities, including damages (to us or third parties) resulting from unauthorized use of your account by a third party. Therefore, handle your password carefully. You may not transfer your account to a third party or use another person's account. If you request access to an account from us, we will grant you access only if you can provide the information that confirms you are the account owner. If a user passes away, their account will be closed. You may not disclose or share the login credentials for your account with third parties. You are responsible for all activities associated with your account, and TONE TERRACE does not intervene in disputes between Participants or Educators who have disclosed or shared their account login credentials.
Educators must be at least 18 years old to set up an account with TONE TERRACE and use the services. If you are under 18 but have reached the required age of majority for using online services at your place of residence (e.g., 13 years in the USA or 16 years in Ireland), you may not set up an account. However, you can ask a parent or guardian to create an account and help you access content suitable for you. If we determine that you have set up an account in violation of these provisions, we will close your account. According to our Terms of Educators, you may be required to prove your identity before submitting content for publication on TONE TERRACE. You can close your account at any time.
2. Enrollment for Content and Lifetime Access
When you enroll in content, we generally grant you a license for lifelong access unless we need to deactivate the content for legal or policy reasons. When Educators publish content on TONE TERRACE, they allow us, in accordance with our Terms of Educators, to offer the content to Participants.
3. Participants
3.1. General
Participants or buyers do not need an account for using our platform. When you purchase a product or content, live lectures, masterclasses, Courses, Coaching, workshops, etc., from us, you will receive an email link and/or information for participation. Therefore, it is crucial to provide a correct and valid email address when purchasing a product from us.
Participants must be at least 18 years old to purchase a product on TONE TERRACE and use our services. If you are under 18, you can ask a parent or guardian to purchase a product for you. According to our Participant Terms, you may be required to prove your identity before purchasing a product from us. Our Privacy Policy describes what happens when you visit our website.
3.2. Payments and Refunds
When making a payment, you agree to use a valid payment method. For most content, TONE TERRACE offers a refund or credit of the purchase price within 14 days of the purchase date and at least 3 days before the start of the educational content, live lectures, online masterclasses, or workshops if you are dissatisfied with the content. However, transfer costs will be deducted for a refund. Customers have the option to exercise their right of withdrawal up to 3 days before the event. Otherwise, statutory deadlines apply.
If you are a Participant residing in a country where consumption and sales tax, goods and services tax, or value-added tax must be paid on the sale of consumer goods, we are obligated to collect and remit these taxes to the relevant tax authorities. Depending on your location, these taxes may already be included in the displayed price or added at the time of payment.
When making a purchase, you commit to not using an invalid or unauthorized payment method. If your payment method fails, and you can still access the content for which you enrolled, you agree to pay the corresponding course fees within 30 days of receiving our notification. We reserve the right to disable access to content for which we have not received adequate payment.
If we believe that you are abusing our refund policy, such as consuming a significant portion of the content you wish to refund, or if the content has already been refunded to you before, we reserve the right, at our discretion, to deny the refund, restrict you in future refunds, and/or limit your future use of the services.
3.3 Code of Conduct
You may only use TONE TERRACE for lawful purposes. Your use of the Services and your behavior on our platform must comply with the applicable local or national laws or regulations of your country. You are solely responsible for understanding and complying with the applicable laws and regulations.
You must ensure that no third-party intellectual property rights are violated. If you believe that a third party is infringing on your copyrights on our platform, please notify us.
4. Content and Code of Conduct
As an Educator, you can submit content for publication on the platform and communicate with Participants enrolled in your Events or other content. In both cases, you must comply with regulations and respect the rights of third parties: you may not publish Events or other content that violates the local or national laws or regulations of your country. You are solely responsible for the Events and other content you publish on the platform and your actions taken through the platform and its consequences.
If we become aware that your Events or content violate laws or the rights of third parties (such as violating intellectual property rights or engaging in illegal activities), or if your content or behavior is deemed unlawful, inappropriate, offensive, or unauthorized from our perspective (such as impersonation of a third party), we may remove your content from our platform.
We reserve the right, at our sole discretion and without providing reasons, to permanently or temporarily revoke the authorization granted to you to use our platform and services at any time or to block your account, for example, if you violate these terms, at the request of law enforcement or government authorities, in case of prolonged inactivity, unexpected technical disruptions or problems, suspicion of your involvement in fraudulent or unlawful activities, or for other reasons. In such cases, we may delete your account and content and deny further access to the platforms and use of our services. You agree that we are not liable to you or any third party for the closure of your account, removal of your content, or blocking your access to our platforms and services.
If a user has published content that infringes on your copyright or trademark rights, please inform us. According to our Terms of Educators, our Educators are obligated to comply with legal regulations and the intellectual property rights of third parties.
5. TONE TERRACE's Rights to the Content You Publish
You retain ownership of the content you publish on our platform. We may share your content with third parties through various media, including advertising on other websites.
The ownership rights to the content you publish as an Educator remain with you. By publishing the content, you grant TONE TERRACE the right to reuse and share it, but you do not lose any ownership rights you may have in your content.
When you submit content and reviews or provide ideas and suggestions for new features or improvements, you allow TONE TERRACE to use, share, distribute, advertise, and make suitable changes or edits to this content across platforms and media. By submitting or publishing content on the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in all media or distribution methods (existing or future). This includes providing your content to other companies, organizations, or individuals cooperating with TONE TERRACE for the distribution, broadcasting, distribution, or publication of content in other media, as well as using your content for marketing purposes. You also waive all privacy rights, publication rights, and other similar rights in this regard, to the extent permitted by applicable law. You declare and warrant that you have all rights and the necessary authorization and authority to allow us to use the content you submitted. You agree to this use of your content without receiving compensation.
6. Use of TONE TERRACE at Your Own Risk
Anyone can use TONE TERRACE to create and publish Events. We provide Educators and Participants with the opportunity to interact within the framework of teaching and learning. As with other platforms where users can publish and interact with content, problems may arise. Therefore, your use of TONE TERRACE is at your own risk. TONE TERRACE operates as a platform, and content is not legally reviewed or edited by us. We are unable to determine whether content is legal. We have no editorial control over the content available on the platform and, therefore, do not guarantee the reliability, validity, accuracy, or truth of the content. When accessing content, you rely on the information provided by Educators at your own risk.
You are solely responsible for your decisions before, during, and after accessing the content.
When communicating directly with a Participant or Educator, carefully decide which types of personal information to disclose. While we limit the types of information Educators can request from Participants, we have no control over how Participants and Educators handle the information they receive from other users of the platform.
We do not hire Educators and are not responsible or liable for interactions between Educators and Participants. We are not liable for disputes, claims, losses, injuries, or damages of any kind arising from or in connection with the behavior of Educators or Participants.
We are not liable for the content or other aspects of these third-party websites, including their collection of your personal data. You should carefully read the terms of use and privacy policies of these websites.
7. Rights of TONE TERRACE
We are the owners of the TONE TERRACE platform ( www.toneterrace.com ) and services. This includes the website, currently or in the future available apps and services, as well as objects like our logos, our API, our code, and content created by our employees. Without authorization, you may not manipulate or use them.
All rights, ownership rights, and entitlements to the TONE TERRACE platform and services, including our website, our currently or future available applications, our APIs, databases, and the content submitted or provided by our employees or partners through our services (excluding the content provided by Educators), are and remain the sole property of TONE TERRACE. Our platforms and services are protected by copyright, trademark, and other rights. Under no circumstances do you have the right to use the name TONE TERRACE or trademarks, logos, domain names, and other distinctive features of TONE TERRACE. Any feedback, comments, or suggestions you may provide regarding TONE TERRACE or the services are voluntary. We are free to use such feedback, comments, or suggestions at our discretion and without any obligation to you.
When accessing or using the TONE TERRACE platform and services, you are prohibited from:
Accessing, manipulating, or using non-public areas of the platform (including content storage), computer systems of TONE TERRACE, or technical transmission systems of TONE TERRACE's service providers.
Disabling, disrupting, or attempting to circumvent security-related features of the platforms; testing, scanning, or probing security vulnerabilities of our systems.
Copying, modifying, creating derivative works from, reverse engineering, disassembling, or attempting to decrypt the source code or content on the TONE TERRACE platform or in the services.
Accessing or searching our platform only through the currently available search functions on our website or through our API (and only in accordance with the API's terms of use). Any other methods or means (automated or otherwise) are prohibited. You may not use scraping, spider, or robot software or any other automated methods to access the services.
Using the services to transmit altered, misleading, or source-obscuring information (such as sending email messages that appear to be from TONE TERRACE) or disrupting user, host, or network access (or attempting to do so), including sending viruses, overloading, flooding, sending spam or mass emails (mailbombing) to the platforms or services, or otherwise disrupting or excessively burdening the services.
8. Other Legal Terms
These terms are similar to any other contract and contain important legal terms designed to protect us from numerous potential risks and clarify the legal relationship between you and us.
8.1 Binding Agreement
You agree that by registering for our services, accessing our services, or using our services, you enter into a legally binding contract with TONE TERRACE. If you do not agree to these terms, you may not register for our services or access or use them. If you agree to these terms as an Educator and use our services on behalf of a company, organization, authority, or other legal entity, you warrant that you are authorized to do so. These terms (including any agreements and policies referenced by links in these terms) constitute the entire agreement between you and us (if you are an Educator, this includes the terms for Educators). If any provision of these terms is found to be invalid or unenforceable under applicable law, such provision shall be replaced by a valid, enforceable provision that most closely matches the purpose of the original provision. The remaining provisions of these terms shall remain unaffected. Even if we exercise our rights late or do not exercise a right in a particular case, it does not mean that we waive the exercise or later enforcement of the rights granted to us under these terms. If we waive our rights in a particular case, it does not mean that we waive our rights in general or in the future.
8.2 Warranty Disclaimers
Our platform may be out of service due to planned maintenance or disruptions. One of our Educators may make misleading statements in their content. We may also have security issues. These are just examples. You agree not to hold us liable in such cases. We (and our affiliated companies, suppliers, partners, and agents) make no representations regarding the suitability, reliability, availability, timeliness, security, accuracy, or completeness of the services or their content and expressly disclaim any warranty or representation (whether express or implied), including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third-party rights. We (and our affiliated companies, suppliers, partners, and agents) do not warrant that your use of the services will achieve specific results. Your use of the services (including content) is solely at your own risk. Since the exclusion of implied warranties is not allowed in some countries, some of the above disclaimers may not apply to you. We may decide to discontinue certain features of the services at any time and for any reason. Under no circumstances shall TONE TERRACE or its affiliated companies, suppliers, partners, or agents be liable for damages arising from disruptions or lack of availability of these features. We are not liable for our delayed or failed provision of services due to circumstances beyond our control, such as warlike or hostile acts, sabotage, natural disasters, power, internet, or telecommunication failures, or government restrictions.
8.3 Limitation of Liability
The use of our services may involve risks, such as accessing theater content like acting and getting injured. You fully accept these risks and agree not to hold us liable or claim damages even if you incur losses or damages from using our platform and services. We (and our affiliated companies, suppliers, partners, and agents) are not liable for indirect, incidental, punitive, or consequential damages (including data loss, lost revenue, profits, or business opportunities, or personal injury with or without fatal consequences), whether arising under contract, warranty, tort, or product liability or otherwise, even if we have been advised of the possibility of such damages. In any case, our liability (and the liability of our affiliated companies, suppliers, partners, and agents) to you or any third party is limited to 100 EUR. Since the disclaimer or limitation of liability for incidental or consequential damages is not allowed in some countries, some of the above provisions may not apply to you.
8.4 Indemnification
If your behavior puts us in legal trouble, we may seek indemnification from you. You agree to indemnify and hold TONE TERRACE, our affiliated companies and their officers and directors, our suppliers, partners, and agents (upon request) harmless from any claims, demands, losses, damages, or costs (including reasonable attorney's fees) arising from (a) the content you publish or submit, (b) your use of the services, (c) your breach of these terms, or (d) your infringement of the rights of a third party. Your indemnification obligation continues even after the termination of these terms and the cessation of your use of the services.
8.5 Applicable Law and Jurisdiction
In these terms of use, when "TONE TERRACE" is mentioned, it refers to the business entity of TONE TERRACE GmbH with which you are entering into a contract. If you are a participant, the contracting party and the applicable law will generally be determined based on your place of residence.
In cases where the section "Dispute Resolution" (below) does not apply to you, you agree that the exclusive jurisdiction and venue lie with the Austrian courts.
8.6 Lawsuits and Notices
No lawsuit, regardless of its form, arising out of or in connection with this agreement, may be filed by either party more than one year after the cause of action arose, unless this limitation cannot be legally imposed.
All notices required under these conditions must be in writing and sent by registered mail with return receipt or by email (from us to the email address provided in your account, or from you to office@toneterrace.com).
8.7 Relationship between Us
You and we agree that there is no joint venture, partnership, employment, principal/agent, or representative relationship between us.
8.8 No Assignment
You may not assign or transfer these terms (or the rights and licenses granted accordingly). For example, if you have registered an account as an employee of a company, your account may not be transferred to other employees. We may assign these terms (or the rights and licenses granted accordingly) without any restrictions. No provision in these terms confers any rights, benefits, or remedies to a third party – natural or legal person. You agree that your account is not transferable, and all rights to your account and other rights under these terms expire upon your death.
8.9 Sanctions and Export Laws
You warrant that you (as an individual or as a representative of a legal entity on whose behalf you use the services) are not located or resident in a country subject to valid trade sanctions or embargoes by the EU.
If such restrictions become valid for you during the term of an agreement with TONE TERRACE, you must notify us within 24 hours, and we have the right to cancel all further obligations towards you, which takes effect immediately and does not establish any further obligation towards you (however, without prejudice to your outstanding obligations towards TONE TERRACE).
You may not access, use, export, re-export, divert, transmit, or disclose any part of the services or related technical information or materials directly or indirectly, if such actions conflict with export control and trade sanction laws, regulations, and rules of the EU. You agree not to upload any content and technologies (including information about encryption) for which specific restrictions or prohibitions apply under such laws.
9. Dispute Resolution
In case of disputes, our support team assists in resolution. If that doesn't work and if you reside in the European Union, you can file a lawsuit.
9.1 Overview of Dispute Resolution
TONE TERRACE aims to make its best efforts to settle disputes with its users without the need for a formal lawsuit. If a problem arises between us, you and TONE TERRACE agree to work carefully and in good faith to reach a solution that is fair and just for both parties by following the mandatory informal dispute resolution process described below. Occasionally, a third party may be necessary to facilitate the resolution of the dispute. This agreement on dispute resolution limits how disputes can be resolved.
You and Tone Terrace agree that any disputes, claims, or controversies arising out of these terms, their applicability, termination, validity, enforcement, or interpretation, or arising from violations by you or from the use of the services or communications with Tone Terrace (collectively "disputes") that cannot be informally resolved shall be exclusively addressed before courts in Austria or through binding arbitration on an individual basis, and you waive the right to file a case before any other court. You and Tone Terrace further agree to assert claims against each other only on a personal basis and not as a plaintiff or class member in any class or consolidated action, whether before a court or arbitrator
You and TONE TERRACE agree that this agreement on dispute resolution is binding on each of us as well as all our respective heirs, successors, and assignees who act for you and TONE TERRACE or on behalf of you and TONE TERRACE.
9.2 Mandatory Informal Dispute Resolution Process
Before filing a lawsuit against each other, you and TONE TERRACE are obligated to participate in the informal dispute resolution process described in this section.
The party filing a lawsuit sends the other party a brief written notice ("Complaint") with their full name, postal address, and email address, explaining: (a) the nature and details of the dispute, and (b) a proposal for resolution (including requested payments and the calculation of payment amounts). Sending a Complaint by email to TONE TERRACE at office@toneterrace.com interrupts any statute of limitations for 60 days, starting from the receipt of the Complaint. Send your Complaint by email to TONE TERRACE at office@toneterrace.com and reply to this address unless you wish otherwise.
Upon receiving a Complaint, the parties attempt to informally resolve it in good faith. If this is not possible within 60 days of receipt, the parties have the right to formally file a lawsuit before a court based on an individual lawsuit in Austria, where the terms of this agreement on dispute resolution apply.
Failure to execute this process is considered a material breach of the terms, and no court or arbitrator has jurisdiction to hear or settle disputes between you and TONE TERRACE.
9.3 Small Claims Procedures
Disputes initiated but not resolved by the mandatory informal resolution process may be brought before Austrian courts. Both parties waive the right to bring disputes between us before other courts, including ordinary or special courts.
9.4 Arbitration
The European Commission provides a platform for the out-of-court settlement of disputes at http://ec.europa.eu/consumers/odr. www.toneterrace.com does not participate in any voluntary dispute resolution procedures pertaining to us under the Consumer Dispute Resolution Act.
9.5 Fees and Costs
You and TONE TERRACE agree that each party bears its own costs and attorney's fees in case of a dispute, but with the condition that both parties may recover fees and expenses to the extent permitted by law. If a court or arbitrator determines that an arbitration was commenced or threatened in bad faith or that the claim was frivolous or served an improper purpose, the court or arbitrator may award the defending party reasonable attorney's fees to the extent allowed by law.
9.6 Class Action Waiver
Except as expressly set forth in connection with the rules for class arbitration, we agree that claims against the other party can only be brought on an individual basis. This means: (a) Neither you nor we may file a lawsuit as a plaintiff or member of a class action, consolidated action, or representative action; (b) an arbitrator may not consolidate the claims of multiple persons into one class arbitration (or preside over any form of consolidated, class, or representative arbitration); (c) the arbitration award or decision in the case of an individual may only affect that user and not other users. Nothing in this agreement on dispute resolution limits the rights of the parties to settle a dispute by mutual agreement through a group-wide settlement of claims.
9.7 Changes
Unaffected by the section "Update of these Terms" below, the following applies: If TONE TERRACE amends the section "Dispute Resolution" after the date on which you last agreed to these terms, you have the right to reject the relevant changes through a written notification to TONE TERRACE. This written notice must be sent to office@toneterrace.com within 30 days from the date specified above under "Last updated on..." when the relevant changes take effect. The notice is valid only if it includes your full name and a clear statement that you reject the changes to the "Dispute Resolution" section. By rejecting the changes, you agree that disputes between you and TONE TERRACE will be resolved through arbitration in accordance with the provisions of this "Dispute Resolution" section, starting from the date on which you last agreed to these terms.
9.8 Improperly Commenced Arbitration Proceedings
If one party suspects that the other has initiated arbitration proceedings contrary to this Agreement on Dispute Resolution, if such arbitration proceedings are threatened, or if there is reason to believe that improperly commenced arbitration proceedings are imminent, the party against which the arbitration proceedings have been or will be initiated may request an order from a competent court prohibiting the filing or continuation of the arbitration proceedings and awarding costs and fees, including plausible attorney fees incurred in connection with the request.
10. Update of these Terms
We may update these terms occasionally to outline our procedures or to explain new or amended procedures (such as the introduction of new features). TONE TERRACE reserves the right to change these terms at any time at its discretion.
By continuing to use our services after the effective date of changes, you agree to the respective modifications. All amended terms will supersede any previous terms.
11. Contacting Us
The best way to reach us to send us E-Mail to office@toneterrace.com. We look forward to receiving your questions, concerns, and feedback about our services.
