Last Updated: March 14, 2023

Thank you for using SoundTown (“SoundTown”), a service of Hoogalit. Hoogalit ("we" or "us") is passionate about improving pre-reading skills, and that’s why we created SoundTown, a platform that allows preschool children to build their pre-reading skills in five minutes a day (“SoundTown Platform”).  These Terms of Use (the “Agreement”) apply whether you login to use SoundTown through the SoundTown informational website located at www.mysoundtown.com (the "Site"), hoogalit.com, the SoundTown Platform or any of our other products or services that SoundTown may provide now or in the future (collectively, “SoundTown” or the “Services”). The Site and the SoundTown Services are owned and operated by Hoogalit Inc. and includes certain features, such as SoundTown, that are owned or operated by its third party service providers.      

INTELLECTUAL PROPERTY  

"Student Data" is any information (in any format) that is directly related to any identifiable current or former student that is maintained by a School, and may include "educational records" as defined by the Family Educational Rights and Privacy Act ("FERPA") that Schools provide to us. While we may need to access Student Data to provide the Services to you, Schools own the Student Data and remain responsible for it. Our Privacy Policy provides more detail around how we handle Student Data.

Except for Student Data, You acknowledge that SoundTown, including all trademarks, service marks and logos are owned by or licensed to SoundTown and are protected by copyright and other intellectual property rights, and that you have no rights to transfer or reproduce SoundTown or the Site, or to disclose confidential information pertaining to, the SoundTown or the Site.  This Agreement does not transfer or convey any rights of ownership in or related to SoundTown or the Site, or intellectual property rights owned by SoundTown to you.  No material from SoundTown may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without the permission of SoundTown. You agree not to modify, create derivative works or use SoundTown or the Site to create a competing product,  redistribute, sell, decompile, reverse-engineer, or disassemble any element of SoundTown or the Site or integrate SoundTown or the Site with  any other website, application, or networked computer environment.

You agree that SoundTown retains full and complete right, title, and interest in and to SoundTown and the Site and all intellectual property rights relating thereto.


USER ACCOUNTS  

In order to make some requests via the SoundTown Site (including but not limited to using the SoundTown products, becoming a school partner, or submitting a message via our website), you will be asked to provide your name, email address, address, gender, and other information about your interests and preferences (collectively “Personal Information”).  In making such requests via the SoundTown site, You are solely responsible for all activities that occur in connection with your account, and represent that you will comply with this Agreement and all applicable laws.  You agree that you will maintain the confidentiality of your account name and password; notify us immediately of any unauthorized access or use of your account, ensure that your account is used at all times in compliance with this Agreement and the SoundTown Privacy Policy and not impersonate another user or provide false information in an attempt to gain access to SoundTown. SoundTown reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of SoundTown for any reason, including without limitation for extended periods of inactivity.

SoundTown understands that it is important that our partner schools comply with  FERPA and related regulations. Certain information collected through your school that may be provided to SoundTown that is directly related to a student and maintained by your school, may be considered an education record (“education record”) under FERPA. 

LICENSE 

In order to allow SoundTown to provide the service, you hereby grant to SoundTown a limited, non-exclusive, sublicensable (as necessary to use SoundTown), worldwide, royalty-free, and transferable (only to a successor) right and license to (i) use the information, data, content, and other materials uploaded by you to SoundTown (“User Content”) solely for purposes of furnishing the services provided by SoundTown and the Site to you and in accordance with our Privacy Policy; (ii) use, copy, store, distribute, publicly perform and display, modify, and create derivative works (such as changes we make so that your content works better with SoundTown) such User Content as necessary to provide, improve and make SoundTown available to you and other users, including through any future media in which SoundTown may be distributed, (iii) use and disclose metrics and analytics regarding the SoundTown User Content in an aggregate or other non-personally identifiable manner (including, for use in improving our service or in marketing and business development purposes), (iv) use any User Content that has been de-identified for any product development, research or other purpose; and (v) use for other purposes permitted by the SoundTown Privacy Policy. You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through SoundTown. You also warrant to SoundTown that you will not use SoundTown for any purpose that are unlawful, prohibited by any applicable regulation or are otherwise inconsistent with this Agreement. You are solely responsible for obtaining all rights, permissions, and authorizations to provide the User Content to us for use as contemplated under this Section.  

You may also provide us with suggestions, comments or other feedback (“Feedback“) about SoundTown.  We may use Feedback for any purpose without obligation of any kind in connection with our business, including the enhancement of SoundTown and the Site.

RESTRICTIONS 

You agree that you will not (and will not allow any third party to): 

1. Upload, post, e-mail or otherwise transmit any User Content that is unlawful, harmful, threatening, intimidating, abusive, defamatory, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
2. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials transmitted through SoundTown;
3. Upload, post, e-mail or otherwise transmit any materials that you do not have the right to transmit under any law or under contractual relationships;
4. Upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
6. Interfere with or disrupt SoundTown or servers or networks connected to SoundTown, or disobey any requirements, procedures, policies or regulations of networks connected to SoundTown; or
7. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
8. Provide inaccurate information or impersonate another person or entity.

You hereby agree to comply with all laws that apply or may apply to your use of or activities on soundtown.com and any rules for conduct on the Site or use of specific features and/or services offered thereon that may be posted on the Site, whether in these terms of use or otherwise, from time to time.     

PRIVACY

SoundTown represents that it will comply with all applicable laws, including those related to protection of Student Data, personally identifiable information stored and maintained through the SoundTown Site and SoundTown Services.

We are committed to maintaining your privacy, and maintain a Privacy Policy, which may be viewed here.  All personally identifiable information you provide to us is subject to the Privacy Policy, and acceptance of these Terms of Use constitutes consent to our collection and use of personal  information as described in the Privacy Policy.

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (“FERPA”)

If You are employed by a school or district subject to FERPA, You agree to appoint SoundTown as a “school official” as that term is defined in FERPA and as interpreted by the Family Policy Compliance Office, and determine that SoundTown has a “legitimate educational interest” for the purpose of delivering the services in accordance with these Terms of Use. SoundTown agrees that it shall be bound by all relevant provisions of FERPA, including operating under the direct control of your school or district with respect to handling of “personally identifiable information” from “education records,” as those terms are defined in FERPA.  SoundTown further agrees that personally identifiable information from students will not be disclosed to third parties except as required to provide SoundTown Services to you contemplated in this Agreement. Any third party users will be bound to manage personally identifiable information in compliance with the Privacy Policy, security policies and all applicable laws, and to use the personally identifiable information for the sole and limited purpose of providing the SoundTown Services to You.

SoundTown may use education records that have been de-identified for product development, research or other purposes permitted by applicable law (“De-Identified Data”), including: to demonstrate the effectiveness of SoundTown, including in our marketing materials; and develop and improve our educational products. De-Identified Data means data from which all personally identifiable information, including direct and indirect identifiers, has been permanently removed or obscured so that the remaining information does not reasonably identify an individual and there is no reasonable basis to believe that the information can be used to identify an individual.

SoundTown agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third-party unless that party agrees not to attempt re-identification.

USER CONTENT

The Site may contain areas in which teachers or school administrators may post reviews or make comments. By using these areas, you acknowledge and agree that the user content you provide in these areas may be available to other users.  SoundTown is not liable for any statements, representations or comments provided by its teachers or school administrator users in any public forum. Although SoundTown has no obligation to screen, edit or monitor any of the comments posted to its Site, SoundTown reserves the right to remove, edit or refuse to post such teacher or school administrator user content you provide in these areas in its sole discretion. 

Teachers and school administrator users may also provide us with suggestions, comments or other feedback (“Feedback“) about our products and services.  SoundTown may use Feedback for any purpose without obligation of any kind in connection with our business, including the enhancement of our products and the Site and SoundTown Services. 

PRICING
With respect to services provided on SoundTown, SoundTown will charge a fee or subscription for individual services or packages. We may bill your credit card for a one-time payment or recurring payments for use of SoundTown subscriptions.  You may cancel each subscription in order to end recurring payments.   

CHANGES TO SERVICES AND SITE  
If you are a School using the Services, we will notify you via email in advance of any material changes to these terms. Any changes we make to this Agreement in the future will be posted on this page. The date the terms was last revised is identified at the top of this page.  Your continued use of the Site and Services following the posting of changes to this Agreement constitutes acceptance of those changes. If we make any material changes that affect information we have previously collected about you we will provide notice via email or within the Site. 

SoundTown may add, change, discontinue, remove or suspend any portion of SoundTown Site and the Services at any time, without notice.

TERMINATION
This Agreement shall remain in full force and effect while you use the Services unless your account is terminated as provided in this Agreement. If you want to delete your account you can delete your account by logging into your account and accessing your account settings page. If an account is inactive for twelve months or more, SoundTown will automatically delete the account. SoundTown may suspend or terminate your access to SoundTown or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the loss of information associated with your account. Upon termination of your account, your right to use SoundTown will immediately cease. The provisions of this Agreement relating to ownership provisions, warranty disclaimers, and limitations of liability shall survive termination.

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SECURITY
SoundTown implements and maintains commercially reasonable security practices appropriate to the nature of the personal information collected and maintained through SoundTown and the Site, in order to protect such information from unauthorized access, destruction, use, modification or disclosure. Such practices include, but are not limited to use of firewalls, encryption and authentication techniques.  The Internet, however, is not perfectly secure, nor are all security risks reasonably foreseeable, and SoundTown shall not be responsible for security incidents not reasonably within its control.

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DISCLAIMER OF WARRANTIES

SOUNDTOWN AND THE SITE ARE PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED HEREIN, SOUNDTOWN AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. 

SOUNDTOWN ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE SOUNDTOWN PLATFORM, ANY FAILURES, DELAYS OR INTERRUPTIONS IN ACCESSIBILITY, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF SOUNDTOWN OR THE SITE, ANY CONDUCT BY OTHER USERS ON SOUNDTOWN, OR UNAUTHORIZED ACCESS TO OR USE OF SOUNDTOWN OR THE SITE.  

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT SOUNDTOWN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF SOUNDTOWN HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE SOUNDTOWN, SOUNDTOWN PLATFORM, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, ENTERED INTO THROUGH THE SITE, SOUNDTOWN PLATFORM OR SERVICES, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SITE, SOUNDTOWN PLATFORM, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF SOUNDTOWN AND THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE SOUNDTOWN OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF SOUNDTOWN OR THE SITE.

CERTAIN STATE JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION  

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SOUNDTOWN, ITS AFFLIATES AND VENDORS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' AND OTHER LEGAL FEES AND COSTS) ARISING OUT OF OR RELATING TO: (1) YOUR VIOLATION OF ANY TERM OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES; (2) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING BUT NOT LIMITED TO ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS; (3) YOUR VIOLATION OF THESE TERMS OF USE OR ANY LAW, RULE OR REGULATION INCLUDING BUT NOT LIMITED TO FERPA, THE PROTECTION OF PUPIL RIGHTS AMENDMENT ("PPRA"), AND THE CHILDREN'S ONLINE PRIVACY AND PROTECTION ACT ("COPPA"); (4) A CLAIM THAT IS BASED ON YOUR USE OF ANY CONTENT ON SOUNDTOWN OR THE SITE; (5) ANY MATERIAL UPLOADED BY YOU OR THROUGH YOUR COMPUTER TO THE SERVICE OR OTHERWISE SENT BY YOU TO SOUNDTOWN; OR (6) ANY OTHER PARTY'S ACCESS AND USE OF THE SERVICES WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE.

YOU WILL COOPERATE AS FULLY AND REASONABLY AS REQUIRED BY SOUNDTOWN IN THE DEFENSE OF ANY CLAIM. SOUNDTOWN RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF SOUNDTOWN.

OUR POLICY TOWARD CHILDREN

SoundTown does not knowingly collect any information from children under the age of 13 (or the applicable age of consent in local jurisdictions) unless and until the School has obtained appropriate parental consent for the student to use the Services. Because SoundTown collects and uses Student Data at the direction of and under the control of a School, SoundTown relies on each School to provide appropriate notice to parents of the School's use of third party service providers such as SoundTown, and for the Schools to provide consent, if necessary, and authorization for SoundTown to collect Student Data, as permitted by the COPPA and other applicable data protection laws. Please contact us  at team@mysoundtown.com if you believe we have inadvertently collected personal information of a child without proper consent so that we may delete such data as soon as possible.

OTHER

This Agreement shall be governed by and construed accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. By using SoundTown and the Site, you and SoundTown each agree to submit to the exclusive jurisdiction of the courts of the state of California and the federal courts of the southern district of California. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

SoundTown reserves the right, at its sole discretion, to change, modify, add or delete portions of this Agreement at any time.  You are advised to check this Agreement periodically to ensure that you are apprised of the latest version.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that materials hosted by SoundTown infringe your copyright, you (or your agent) may notice requesting that the materials be removed. Notice must be provided in writing and must include the following information:

1. A signature of the person authorized to act on behalf of the owner of the copyright interest;
2. Identification  of the copyrighted work that you claim has been infringed
3. The location of the work you claim is infringing (e.g., URL) or enough detail that we may find it; 
4. Your name, address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices should be sent to:

SoundTown

PO Box #43

Palo Alto, CA 94304-1290

team@mysoundtown.com