Terms of Use
The short version (the full terms below are what count):
- Ocarina Legend is made by Zaceos LLC in Washington State, USA. It is free to use right now.
- Music you import is your responsibility. Import only music you wrote, music in the public domain, or music you have permission to use.
- Buying sheet music usually lets you play it for yourself. It usually does not let you record, stream or post a performance of it. That needs separate permission.
- The app listens to your microphone to hear your pitch. It does not record your audio or send it anywhere.
- Fingering charts and scoring are learning aids and can be wrong.
- Flashing effects: read the seizure warning in section 8.
1. Who we are and what these terms cover
Ocarina Legend is provided by Zaceos LLC, a Washington limited liability company ("Zaceos", "we", "us"). These Terms of Use apply whenever you use Ocarina Legend, including Recorder Legend, Harmonica Legend and Sound Check, on the web or in any other version we release (the "app").
By using the app you agree to these Terms and to our Privacy Policy and Copyright Policy. If you do not agree, do not use the app.
The first time you open the app, and again whenever these Terms change, it asks you to tick a box confirming that you agree. The box says that the check mark is your signature, and ticking it signs your agreement. If you are under the age of majority where you live, your parent or guardian ticks the box for you, and the check mark is their signature. That record is saved only in your browser.
If you get the app through a store or game platform, that store's own terms also apply to your purchase and download. These Terms govern your use of the app itself.
2. Who can use the app
The app is for learners of every age. If you are under the age of majority where you live (18 in most US states), a parent or legal guardian must review these Terms and agree to them for you before you use the app. By letting you use the app, your parent or guardian agrees to these Terms on your behalf and is responsible for your use of it. Teachers who use the app with a class should make sure their school is comfortable with these Terms.
The app does not ask anyone, including children, for personal information. See the Privacy Policy.
3. Your license to use the app
We give you a personal, non-exclusive, non-transferable, revocable license to use the app for your own learning, practice and enjoyment, and for teaching in a class or lesson. Paid versions, if we offer them, may come with additional terms shown before you buy.
You may not:
- copy, sell, rent, sublicense or redistribute the app, its artwork, its arrangements or its song charts, except where an open-source license for an included component allows it (see Third-party notices);
- remove or change copyright, license or trademark notices;
- use the app to break the law or to infringe anyone's rights;
- interfere with the site, or try to access systems or data you are not allowed to access.
We and our licensors own the app, including its code, artwork, arrangements, fingering charts and design. Open-source components remain under their own licenses. We may use suggestions or feedback you send us without owing you anything.
4. Songs included in the app
Songs labeled Core are melodies that are in the public domain in the United States, written out as single-line arrangements made for Ocarina Legend. Whether a work is in the public domain can differ from country to country. Our arrangements and song charts are licensed to you for use inside the app only.
5. Music you import
The app lets you import sheet music files and images. Here is how that works and what you are responsible for:
- Your files stay on your device. The app reads them in your browser and saves them in your browser's storage so they appear in My music. We do not receive, host, review or have access to them. If you install and run the optional sheet-music reader on your own computer, photos and PDFs you import are sent to that program on your computer, not to us.
- You need the right to use what you import. Import only music you wrote, music that is in the public domain where you live, music whose license allows this use, or music you have permission to use.
- Purchased sheet music. Buying sheet music usually gives you a license to play the music yourself. It usually does not give you the right to share copies of the file, to record a performance, to stream it, or to post it online, and some stores also limit copying or adapting the file. Check the terms of the store you bought it from.
- Do not use the app to share, sell or distribute music you do not have the right to use.
6. Recording and sharing your playing
The app does not record, save or share your playing. If you record yourself with another app or device and share or publish the recording, you are responsible for any permission the music requires and for following the rules of the site where you post it. Recording your own music or a public-domain melody generally needs no permission. Recording a copyrighted song generally does, even if you bought the sheet music: an audio recording usually needs a mechanical license, and a video usually needs a synchronization license from the song's publisher.
You may show the app's screens in videos, screenshots, streams, reviews and lessons you make, as long as you do not suggest that we sponsor or endorse you. You still need your own rights for any music you play in them.
7. Microphone, accuracy and teaching
When you choose microphone input and allow it, the app uses your microphone in real time to estimate the pitch and timing of the notes you play. How that data is handled is described in the Privacy Policy. You can play with keyboard input instead.
Pitch detection, scoring, song charts and fingering charts are learning aids. They can be wrong, for example because of background noise, your instrument, its tuning, the room temperature or how hard you blow. Fingering charts marked provisional have not been checked against a physical instrument. The app is not a substitute for a qualified teacher, and it is not a medical or hearing device.
8. Health and safety
Photosensitive seizure warning. A small percentage of people may have a seizure when exposed to certain light patterns or flashing lights, including those in video games, even if they have never had a seizure or been diagnosed with epilepsy. The app uses glowing and flashing effects. If you or anyone in your family has had a seizure or epilepsy, talk to a doctor before playing. Stop playing right away and see a doctor if you have dizziness, blurred or altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation or convulsions. Parents should watch their children while they play.
Keep headphone and speaker volume at a comfortable level. Take breaks. If playing a wind instrument makes you feel lightheaded, stop and rest. Clean shared instruments before someone else plays them.
9. Payments and refunds
The app is free to use today. If we offer paid versions or features, we will show the price and any additional terms before you pay. Purchases made through a store or game platform follow that store's refund policy. Nothing in these Terms limits any refund, cancellation or withdrawal right you have under the law where you live.
10. Your data and your library
Your settings, calibration profiles and imported music are stored in your own browser. Browsers can delete stored data, for example when storage runs low, in private browsing, or when you clear site data. We cannot see or recover that data. Keep your own copies of files that matter to you.
11. Changes to the app and to these Terms
We may change, suspend or stop the app or any feature. We may update these Terms. When we do, we will change the effective date at the top of this page, and for material changes we will give notice in the app or on this page before they take effect. If you keep using the app after the new effective date, the updated Terms apply.
12. Copyright and trademark concerns
If you believe something in the app infringes your rights, follow our Copyright Policy. Instrument names, makers, song titles and other names that appear in the app belong to their owners and are used only to identify them. Their appearance does not mean their owners sponsor, endorse or are affiliated with Ocarina Legend.
13. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE APP WILL BE ACCURATE, ERROR-FREE OR ALWAYS AVAILABLE, OR THAT IT WILL TEACH YOU TO PLAY AN INSTRUMENT.
Some places do not allow some of these disclaimers. Where that is the case, they apply only as far as the law allows.
14. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, ZACEOS LLC AND ITS MEMBERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA (INCLUDING YOUR LIBRARY OR CALIBRATION PROFILES), PROFITS OR GOODWILL, ARISING FROM OR RELATING TO THE APP. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE APP IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR US$50.
These limits do not apply where the law does not allow them, such as liability for fraud, for death or personal injury caused by negligence, or remedies under the Washington Consumer Protection Act (RCW 19.86) or other consumer protection laws that cannot be limited by contract.
15. Responsibility for misuse
If you knowingly break these Terms, for example by importing, recording, sharing or publishing music you know you do not have the right to use, and a third party brings a claim against us because of that conduct, you agree to cover the reasonable costs, including reasonable legal fees, that the claim causes us, to the extent the law where you live allows.
16. Ending your use
You can stop using the app at any time, and you can delete what it stored by clearing this site's data in your browser. We may end your license to use the app if you break these Terms. Sections that by their nature should continue after that, including sections 3, 4, 13, 14, 15, 17 and 18, continue.
17. Disputes and governing law
If you have a problem with the app, please email us first at legal@zaceos.com and describe it. We will try to resolve it informally within 30 days, and neither of us will start a court case during that time, except to protect intellectual property or to stop ongoing harm.
These Terms are governed by the laws of the State of Washington, USA, and applicable US federal law, without regard to conflict-of-law rules. Any dispute arising from or relating to these Terms or the app will be resolved in the state or federal courts located in King County, Washington, and you and we agree to the jurisdiction of those courts. Either of us may instead bring an individual claim in small claims court if it qualifies.
If you are a consumer and the law where you live gives you the right to bring a claim in your local courts, or protections that cannot be waived by contract, nothing in these Terms takes those rights away.
18. General
These Terms, together with the Privacy Policy and Copyright Policy, are the entire agreement between you and us about the app. If any part of these Terms is found unenforceable, the rest stays in effect. If we do not enforce a provision, that is not a waiver of it. You may not transfer your rights under these Terms. We may transfer them as part of a merger, acquisition or sale of the app. We are not responsible for delays or failures caused by events beyond our reasonable control.
19. Contact
Zaceos LLC, Washington, USA
legal@zaceos.com