This website, rifster.com, and mobile application (the “Services”) is owned and operated by Rifster, Inc. (“We” or “Us” or “Our”). By using these Services, you agree to be contractually bound by the following Terms of Service agreement (the “Terms of Service”). If you do not agree with these Terms of Service, discontinue all use of the Services (as defined hereinbelow) immediately.
Links available on the Services will allow you to link to the website or resources not maintained or controlled by us. We provide these links for your convenience only and make no endorsements, warranties or representations of any kind whatsoever regarding those other websites and expressly disclaim all responsibility for content on third party websites. We have neither reviewed nor approved any content that appears on such other websites. Please be aware that you link to these third-party websites at your own risk.
You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services, or information located on or through any other website, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
3. The Services
Rifster is designed to help musicians and guitar players to practice and improve their skills with a Metronome and Tuner. The Services shall be available on subscription basis with a free trial period. Payment will be charged to the user’s iTunes Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s iTunes Account Settings. Any unused portion of a free trial period will be forfeited when the user purchases a subscription to that content.
4. Use of the Services
The Services are for personal and non-commercial use. All content included in the Services, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips, software and links to external websites (the “Content”), is provided for informational purposes only.
5. Limitation of Liability
Without limiting the foregoing, we expressly exclude (and you hereby release us from) any liability for any of the following:
fraud by any user of the Services;
any misrepresentation by a third party (whether innocent or fraudulent) made in respect of the Services and/or the content therein;
any failure by us to ensure that they do not breach any copyright or other intellectual property right of any third party;
any link on the Services to any other Services; and
loss or damage caused by delay or errors in, or the downtime of, the Services (or servers) or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even in the event that we have been advised of the possibility of such loss or damage.
In no event shall we or our affiliates, licensors, suppliers, advertisers, agents or sponsors, be responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising out of or in connection with the use or performance of the Services or any other Services you may access while using the Services or your use of the Content, even if advised of the possibility of such damages.
All other products, services and company names mentioned in the Services may be trademarks of the Company and/or their affiliates or their respective owners. You shall not use any trademark displayed on the Services without the express written permission of the applicable Company or the relevant owner of the trademark.
All Content published on or otherwise accessible through the Services, including without limitation, all texts, designs, images, photographs and other information, is protected under Canadian and other copyright laws to the maximum extent permitted. The Content, and the copyright in the Content, are owned or controlled by the Company and/or its affiliates, licensors, suppliers, representatives or agents (each a “Copyright Holder”). We grant you a limited license to display or print the Content for your own personal and non-commercial use only.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell these materials in any form or manner without the express written permission of the Copyright Holder(s) of the Content. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Services and maintain such notices in the Content. We do not warrant or represent that your use of materials displayed on, or obtained through, the Services will not infringe the rights of third parties.
8. Changes and Updates
We reserve the right to change or remove any Content from the Services, in whole or in part, at our sole discretion, at any time, without notice. We reserve the exclusive right to modify these Terms of Service at any time. Non-material changes and clarifications will take effect immediately. Any material changes will take effect 30 days after their posting. You must regularly review these Terms of Service. Please refer to the last update date which appears at the bottom of this page to know the posting date of any change. Your continued use of the Services following any modification to the Terms of Service constitutes your agreement to such modified Terms of Service.
9. Governing Law; Disputes
This Agreement is made subject to and shall be construed under the laws of the Province of Quebec and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with the Services, and the Information shall be submitted to and be subject to the jurisdiction of the courts of the Province of Quebec. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Quebec to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Services, and the Information.
We reserve the right to terminate or suspend access to the Services and/or to terminate these Terms of Service at any time without notice and for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion.
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice’) shall be displayed on the Services.
13. No Waiver
Our failure to insist upon, or enforce strict performance, of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.
Any provision of this Agreement which by its terms imposes continuing obligations on either of the Parties shall survive termination of this Agreement.
If any terms in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.
All questions or enquiries about our services should be directed to email@example.com.
17. Entire Agreement
The Terms of Service of the Services and all other documents referenced herein constitute the entire agreement between us and you with respect to your use of the Services.