Terms & Conditions

This application is not appropriate for and not intended for any person under the age of thirteen. If you are between the ages of 13 and 18, please consult a parent or guardian concerning the appropriateness of the application before downloading it.

ACCEPTANCE OF THE AGREEMENTS AND POLICIES
Your license to use Miso Media’s applications are subject to your prior acceptance of the End User License Agreement, the Terms of Use and Service and the Privacy Policy by having downloaded Miso Music : Plectrum or the Miso Strobe Tuner application.

MISO MEDIA(TM) END USER LICENSE AGREEMENT
Miso Media(TM) applications made available to you through the App Store (the “App Store”) contain copyrighted software (some aspects of which are also the subject of a pending patent application) and other intellectual property, including inventions and trade secrets, owned by Miso Media, Inc. (“Miso”) as well as copyrighted music and other features, some of which are owned by third parties. It is licensed to you by Miso Media, not sold, pursuant to the terms of this license agreement. The term “Miso Media Licensed Application” as used in this End User License Agreement, includes: (1) the basic application software, including a limited free feature set and a limited number of free songs and tutorials (the “Basic Application”) (2) premium feature sets (for example, tutorials, lessons, advanced manipulation features and musical note names) which you may choose to purchase (“Premium Features”), (3) the text, artwork and graphics, both still and dynamic, which accompany, illustrate and explain the application, its features and musical choices (“Text and Graphics”) (4) all software code and scripts which create the functionality and user interface for the application (“Software”), (5) copyrighted and otherwise protected song lyrics, music, musical performances, transcriptions for that music, album covers and other artwork, some of which is owned by third parties (“Music”) and (6) all other software in the application. Miso reserves all rights in and to every aspect of Miso Media Licensed Applications not expressly granted to you in this license.  You acknowledge and agree that this Miso Media End User License Agreement is concluded between you and Miso only, and not between you and Apple Computer, and that Miso, not Apple, is solely responsible for Miso Media Licensed Applications and the content thereof. In the event that any provision of this Miso Media End User License Agreement or the Miso Media Terms of Service are less restrictive than the Usage Rules set forth for Licensed Applications in the App Store Terms of Service as of the date of this Agreement (which terms you acknowledge you have had the opportunity to review), you agree that the more restrictive rules of the App Store Terms of Service will apply and govern. You further acknowledge and agree that to the extent any maintenance and support for Miso Media apps are to be provided to you, Miso alone is responsible for providing any such maintenance and support services, as may be specified in this Miso Media End User License Agreement, or as required under applicable law, and that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Miso Media Licensed Applications.

SCOPE OF LICENSE; LIMITED GRANT
This license grants to you a limited, non-transferable, revocable license to download and use Miso Media Applications, such as Miso Music : Plectrum  (including Premium Features and songs purchased by you via In App Purchase in the App Store): (1) for personal, non-commercial use only, (2) for use only on an iPad, iPhone, iPod touch or other device which you own or control and which are compatible with the Miso Media app, (3) for use otherwise not in conflict with uses permitted by the App Store Product Usage Rules set forth in the App Store Terms of Use and Service, (5) otherwise compliant with App Store Rules, Terms and Conditions. You may not rent, lease, lend, sell, redistribute or sublicense Miso Media Licensed Applications. You may not copy (unless expressly permitted by this license and the Terms of Service), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Miso Media Licensed Applications, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open sourced components, if any, included within Miso Media Licensed Applications). Any attempt to do so is a violation of the rights of Miso Media and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Miso Media that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

ACCESS
Operating System Compatibilities of iPhone, iPod touch and iPad: iOS 4.0 or later.

DOWNLOAD AND USE OF THIRD PARTY MUSIC
Miso Media’s Licensed Applications also enable you to purchase music for download to your iPad, iPod touch or iPhone, via in app purchase in the App Store. The Music is licensed to you, not sold and the use of the word “purchase” in the App store means acquisition of a limited license, not a sale. These downloads may include the trademarked names of bands, musical artists or other musical groups, copyrighted thumbnails of album covers or other artwork owned by third parties, copyrighted music, lyrics, and text written or owned by third parties and other intellectual property of third parties (“Third Party Music and Other Intellectual Property”). By accepting this Miso Media End User License Agreement, you agree that the Third Party Music and Other Intellectual Property which you choose to download via in app purchase from the App Store is subject to the same limited scope of license and the same limitations and restrictions as are described above under Scope of License: Limited Grant. You further agree not to copy or redistribute such Third Party Music or use it on a device or platform other than as permitted by this license. Third Party Music and Other Intellectual Property purchased by you in the App Store may be downloaded and used by you only on mobile devices owned or controlled by you and on no greater a number of devices owned or controlled by you than is permitted by the Apple Store End User License Agreement and the App Store Product Usage Rules applicable to non-iTunes Plus Products within the Apple Store Terms of Use and Service agreement you have entered into with Apple Computer, but in no case may you download Music on a larger number of devices than is reasonably necessary for your personal, non-commercial use.

NO PUBLIC PERFORMANCE RIGHTS FOR THIRD PARTY MUSIC
This Miso Media End User License gives you the right to use the Music you download from Miso Media apps only for your own non-commercial, personal use, such as for you own musical education, with or without an instructor, to improve your playing abilities, to learn new songs or to entertain a small group of friends in a strictly private setting such as a home. You may not perform the Music publicly under any circumstances, without regard to whether or not you receive anything of value in exchange or perform the music for free.

CONSENT TO USE OF DATA AND PUBLIC DISPLAY OF CERTAIN DATA
You agree that Miso Media, the owner of Miso Music : Plectrum and other apps, may collect and use non-personally identifiable technical data and related information, including but not limited to technical information that identifies your mobile device, operating systems, application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to Miso Media Licensed Applications. Miso may also gather non-personally identifiable usage statistics, including song and feature downloads. Miso may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you and we may share anonymous aggregate data with our third party service providers. All data gathered is collected, used, stored and transmitted in compliance with Miso’s Privacy Policy. If anything in this section is in conflict with that Privacy Policy, Miso’s Privacy Policy will control. If you participate in online services, such as social networks to which you upload or download comment or ask Miso to post information concerning you, Miso may collect, store, use, transmit and publicly display statistical data regarding such content and postings and may also share it with Miso’s third party providers. All data gathered is collected, used, stored and transmitted in compliance with Miso’s Privacy Policy.

OFFENSIVE MUSICAL OR VEIDEO MATERIAL
You understand that in using Miso Media apps you may encounter content, including downloaded musical lyrics, video clips or other materials, that you or others who may be within hearing or viewing while you are using Miso Media apps, may deem to be offensive, indecent, or objectionable, and that such content may not be identified in advance as having explicit or offensive language. Nevertheless, you agree that you will use Miso Media apps at your sole risk and that Miso shall not have any liability to you for content that you or others within hearing or viewing may find offensive, indecent, or objectionable. If you believe that children under the age of 13, or other persons for whom lyrics of a song might be inappropriate or offensive will be able to overhear the music, it is your obligation to listen to the lyrics of the song before permitting such persons to hear it and then to do so at your own risk.

TERMINATION
This license is effective until terminated by you or Miso. Your rights under this license will terminate automatically without notice from Miso if you fail to comply with any term(s) of this license, including attempting to publicly perform the music. Miso may terminate this license without notice if it learns or suspects that you are attempting to copy or modify the Basic Application, Premium Features, Text and Graphics, Software or Music or any other aspect of Miso Media apps unless you are otherwise authorized to do so. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Miso Media Licensed Application, including all third party Music and other materials that you have downloaded.

NO WARRANTY
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MISO MEDIA LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE MISO MEDIA LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MISO MEDIA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. TWH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND MISO MEDIA CONFIRMS THAT TO THE EXTENT THIS DISCLAIMER FAILS OR IS REQUIRED BY APPLICABLE LAW AND THAT ANY MAINTENANCE OR SUPPORT MUST BE PROVIDED TO YOU IN CONNECTION WITH A MISO MEDIA APPLICATION, MISO MEDIA SHALL BE SOLELY RESPONSIBLE. APPLE SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE ROCK PRODIGY APPLICATION UNDER ANY CIRCUMSTANCES. IN THE EVENT OF ANY FAILURE OF THE LICENSED APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE LICENSED APPLICATION TO YOU. YOU ACKNOWLEDGE AND MISO MEDIA CONFIRMS THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER TO YOU OR TO TWH WITH RESPECT TO A MISO MEDIA LICENSED APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE THE SOLE RESPONSIBILITY OF MISO MEDIA.

LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MISO MEDIA BE LIABLE FOR PERSONAL INJURY (INCLUDING, WITHOUT LIMITATION, LOSS OR DAMGE TO HEARING OR PHYSICAL OR EMOTIONAL INJURY OF ANY KIND FROM PLAYING ANY INSTRUMENT USED WHILE UTILIZING A MISO MEDIA APP) OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MISO MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TWH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES
(OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND MISO MEDIA CONFIRMS THAT, TO THE EXTENT YOUR CLAIMS ARE PROHIBITED BY LAW FROM EXCLUSION BY THE ABOVE LIMITATION OF LIABILITY OR EXCLUDED FOR ANY OTHER REASON, MISO MEDIA, NOT APPLE, IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR BY ANY THIRD PARTY RELATING TO A MISO MEDIA LICENSED APPLICATION OR YOUR POSSESSION AND/OR USE OF THAT APPLICATION, INCLUDING, BUT NOT LIMITED TO: (A) PRODUCT LIABILITY CLAIMS; (B) ANY CLAIM THAT THE ROCK PRODIGY LICENSED APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (C) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

COMPLIANCE WITH TERMS OF USE AND SERVICE
You agree to comply with all Terms of Use and Service, including, without limitation, the restrictions on user names and passwords for use of the Miso Media Website and further including any updates or changes to Miso Media’s Terms of Use and Service which may be posted in the future on the Miso Media Website.

CALIFORNIA LAW
The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of Miso Media Licensed Applications. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

APPLE COMPUTER AS A THIRD PARTY BENEFICIARY OF THIS AGREEMENT
You agree and Miso confirms that Apple Computer and Apple’s subsidiaries are third party beneficiaries of this Miso Media End User License Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Miso Media End User License Agreement against you as a third party beneficiary thereof. No other person or entity is a third party beneficiary of this Agreement.

QUESTIONS, COMPLAINTS, OR CLAIMS
Miso Media Applications are owned by Miso Media, Inc. Any questions, complaints or claims with regard to the application or this End User License Agreement should be directed to Miso Media at:

Miso Media, Inc.
attn. Support Staff
724 Lincoln Blvd
Venice, CA 90291

Or by email to: support@misomedia.com

Inquiries sent by email are likely to be responded to more promptly than inquiries received by mail.