Terms of Service Agreement

Sing With Angel Lea (SWAL) App Terms of Use

Angel Lea Vocal Studio LLC ( “Company”, “we”, “us”) provides a vocal technique resource/content subscription service, the Sing With Angel Lea App aka SWAL App (“the App”) that provides access to vocal technique/methodology and related content streamed over the internet to internet-connected devices. This Terms of Use governs your use of this App and services.

 

Acceptance of the Terms of Use

By using the Sing With Angel Lea App, you have accepted these terms of use; which govern your service. The following terms and conditions ("Terms of Use") govern your access to and use of the App, including any exercises, resources, content, functionality, and services offered on or through www.singwithangellea.com, or other web address providing Company’s service as may be updated at Company’s sole discretion (the "Website") whether as a guest or a registered user.

By using the App, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the App.  

 

Please read the following terms carefully.

 

You agree and understand that arbitration shall be the sole remedy to resolve any and all disputes;  you specifically agree to waive the right to create or join a class action lawsuit and you waive any rights to equitable remedies.

This platform is offered and available to users who are 17 years of age or older and reside in the United States or any of its territories or possessions. By using this App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.

 

Changes to the Terms of Use

We may revise and update these Terms of Use in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter.

Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this App so you are aware of any changes, as they are binding. Failure to review these Terms of Use before use is a violation and breach of these Terms of Use.

 

Subscription

Your App subscription will continue and automatically renew until terminated. You must have internet access and an eligible device to use the App. To avoid being billed subscription fees for a future billing cycle, you must cancel your subscription before it renews. Failure to cancel before a billing cycle renews will result in your Payment Source being charged and your subscription renewing.  You can access your subscription history under your app profile. Company may offer different subscription plans; be sure to review the terms of your specific subscription plan, as not all subscription plans contain the same services and/or access.

Your use of the App is limited to personal and non-commercial uses for individuals in your household. Any use outside those that are expressly granted in this Terms of Use are prohibited. Company grants you a limited, non-transferrable, non-exclusive, non-sublicensable right to access its resources, technique, methodology, exercises and content on the App that is available based upon your subscription level. For the sake of clarity, some content on the App my require an additional payment and Company shall not be in breach of these Terms of Use or this specific clause due to a subscriber’s necessity to pay for such content on the App.

 

Payments and Cancellation

Company does not have direct access to your payment information, as all payments are made directly through apple pay. If a payment is declined through apple pay your subscription will be discontinued and you will have to re-register under your apple id with an updated form of payment to access your app profile. Payments are required in advance of usage.

Upon notice, not less than twenty four hours, Company reserves the right to change the subscription price, subscription packages, or the access that is provided through a given subscription at any time in its absolute and sole discretion.

Cancellation. You can cancel your App subscription at any time and you will continue to have access to the App through the end of your billing period. If you cancel your subscription your account will automatically close at the end of your current billing period. You can cancel your subscription by signing into your apple id and managing your subscriptions. 

No Refunds. All payments are nonrefundable and there are no refunds or credits for partially used subscription periods in any form whatsoever. Following any cancellation, you will continue to have access to the service through the end of your current billing period. Company may, in its sole, discretion, provide a refund, discount, or other consideration to some or all subscribers ("credits"), and Company shall also have sole, absolute discretion as to the form, amount, and who receives a given credit. The provision of credits in one instance does not require Company to provide additional credits, nor does it entitle you to credits in the future for similar instances, or any future credits generally.

 

Accessing the App and Account Security

We reserve the right to withdraw or amend the App and any service or material we provide on the App in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. On occasion, we may restrict access to some parts of the App or the entire App, to users, including registered users.  You are responsible for ensuring that all persons who access the App through your internet connection are aware of these Terms of Use and comply with them.

To access the App, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with this App through the use of any interactive features on the App, is governed by these Terms of Service and our Privacy Policy, and you consent to all actions we take with respect to your information consistent with these Terms of Service, the Privacy Policy or any other documents that may be incorporated by reference currently, or as may be updated in the future.

If you choose or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Intellectual Property Rights

The App and its entire contents and functionality (including but not limited to all information, software, text, displays, images, exercises, technique, methodology, video, audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, screenshot, screen record, store, or transmit any of the material on our App, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this app.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, patented, or other proprietary rights notices from copies of materials from this app.

  • Download materials from this site inconsistent with Company’s intended use.

You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.

 

If you print, copy, screenshot, screen record, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Trademarks

The Company name and all related names, logos, product and service names, designs, and slogans are registered trademarks of the Company. You must not use such marks without the prior written permission of the Company. 

Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App, its technique, resources, methodology, or content:

  • For the purpose of coaching/teaching privately or publicly. 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • To transmit, or procure the sending of, any advertising or promotional material including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability.

Additionally, you agree not to:

  • Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the App, including their ability to engage in real time activities through the App.

  • Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.

  • Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the App.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.

  • Attack the App via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the App.

 

Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, screenshot, screen record, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use exercises, technique, methodology, content and information contained on or obtained from or through the App. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the App; insert any code or product or manipulate the content of the App in any way; or use any data mining, data gathering or extraction method.

We may terminate or restrict your use of our service WITHOUT NOTICE OR REFUND OF SUBSCRIPTION if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.  

If it is found that you are using the app, its resources, technique, methodology or content to coach/teach privately or publicly, we will block/restrict your usage of the app and/or pursue you in court.

 

Changes to the App

We may occasionally update the content on this App; but its content is not necessarily complete or up-to-date and we are under no obligation to update such material. Company may remove any content at any time. Such removal shall not be a breach of your subscription, nor shall you be entitled to any reimbursement or compensation for changes in the App or its content.

Information About You and Your Visits to the App

All information we collect on this App is subject to these Terms of Service and our Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Links from the App

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the App is based in Los Angeles County, California in the United States. You agree that your subscription agreement to the App is executed and performed in Los Angeles County, California. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative, breach of these Terms of Use, and are responsible for compliance with local laws.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

 

To the fullest extent provided by law we will not be liable for any loss or damage caused by a distributed detail of service attack, viruses, or other technological harmful material that may infect your phone, computer equipment, computer programs, data, or other proprietary material due to your use of the App or any services or items obtained through the App or to you downloading any material posted on it, or on any link to it or in it.  Your use of the App, its technique, methodology, exercises, resources, content, and any services or items obtained through the App is AT YOUR OWN RISK.  The App, its content and any services or items obtained through the App are provided on an “as is” and “as available” basis, without any warranties of any kind, either expressed or implied.  Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the App. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the App, or any services or items obtained through the App will be reliable, error free, or uninterrupted; that defects will be promptly corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the App or any services or items obtained through the App will otherwise meet your needs or expectations.

To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether expressed or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.  The forgoing does not affect any warranties that cannot be excluded or limited under applicable law.

 

Limitation on Liability

In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under legal theory arising out of or in connection with your use, or inability to use the App, any apps linked to it, any content, exercises, technique, methodology on the app or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise even if foreseeable.

 

Vocal Damage/Injury

You agree and understand that your use, or attempted use, of the App’s vocal resources, exercises, technique, methodology is AT YOUR OWN RISK and that vocal technique and exercises should not cause vocal damage, distress, strain, fatigue or injury; but that due to self administration and/or misapplication of App resources, such is possible.

 

In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for vocal damages of any kind, under legal theory arising out of or in connection with your use, attempted use, or inability to use the vocal resources within the App. By using the App you agree to hold Company, its affiliates, their licensors, service providers, employees, agents, officers, or directors harmless from ALL vocal liability and claim(s) for vocal damages (temporary or permanent).

 

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Contributions, any use of the App's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.

Governing Law and Jurisdiction

All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in County of Los Angeles. Notwithstanding, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

FOR THE SAKE OF CLARITY, BY USING THE APP, YOU WAIVE ANY AND ALL RIGHTS TO PURSUE A CLAIM THROUGH TRADITIONAL LITIGATION BY WAY OF THE COURT SYSTEM. ANY AND ALL CLAIMS SHALL BE HEARD AND RESOLVED THROUGH BINDING ARBITRATION.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, and any documents incorporated by reference such as the Privacy Policy, constitutes the sole and entire agreement between you and Angel Lea Vocal Studio LLC regarding the App and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App. Company reserves the right to change or edit these Terms of Service, or to incorporate additional documents into these Terms of Service without notice as a prerequisite.

Company Assigns

In any instance where used in a matter to preserve, reserve, or convey any rights, and where reasonable or customary, and beneficial to Company, the terms “Company”, “we”, “us” and similar terms shall include Company, its owners, affiliates, executives, officers, heirs, assigns, owners, and similar parties.

Your Comments and Concerns

This App is operated by Angel Lea Vocal Studio LLC.

All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to: support@singwithangellea.com.