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Terms of Use

Last revised: November 17, 2014

Tone Website Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Tone web site located at www.tone.ink, and all associated sites linked to www.tone.ink by Tone, its subsidiaries and affiliates, including Tone promotional sites (collectively, the “Site”). The Site is the property of Tone LLC (“Tone”).

Acceptance of Terms

By accessing or otherwise using Tone.ink, you represent and warrant that you are fully able and competent to enter into these Terms of Use and you agree to be bound by them (this provision is void where prohibited by law and the right to access Tone is revoked in such jurisdictions, unless you have otherwise entered into an agreement with Tone that meets your jurisdictional laws).

If you agree to these Terms of Use on behalf of another person, business or legal entity, you represent and warrant that you have the authority to bind that other person or entity, and any user accessing Tone as a part of that entity, to these Terms of Use, and your agreement shall act as the agreement of that other person or entity and each user thereunder. If you do not agree to each term herein or if you do not have the requisite authority to bind, you may not access the Tone web site and/or conduct business with Tone LLC (“Tone”).

Definitions

For the purposes of these Terms of Use, the following terms shall have the meanings set forth: (a) “You,” “your,” “Buyer,” and “User(s)” shall refer to the individual, business, other legal entity, or agent who accesses, browses, or otherwise uses Tone; and (b) “Tone,” and “Company” shall refer to Tone LLC, to Tone LLC’s affiliates and subsidiaries, to everything Tone LLC owns or possesses, to everything on or provided through Tone.ink or in connection therewith.

Modification of Terms

Tone reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. The most current version of the Terms of Use will supersede all previous versions.  It is your responsibility to be aware of modifications to these Terms of Use, which will be indicated by a change to the “Last Revised” date above. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Tone grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Site Use

You agree to use this Website and Site Content (collectively, the “Site”), solely for the purpose of assessing the product and service offerings on the Site, and placing orders for the products and services offered by Tone via this Site.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Tone reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Tone server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

Without limitation, you specifically agree that you will (a) not attempt to disable, burden, impair, or interfere with the functionality of the Site, (b) You will not upload or distribute viruses or other malicious code, (c) You will not attempt to breach, circumvent, disable, or otherwise interfere with payment for Tone’s products or services, (d) You will not attempt to “frame” or “mirror” Tone, its services, or content on any other server, both hosted and local, including any mobile device, (e) You will not attempt to use any meta tags or other hidden text or metadata utilizing a Tone name, trademark, URL, or product name, and (f) You will not engage in fraud, impersonation, or misrepresentation.

Account Registration

In order to receive access to many of Tone’s products and services, you must register for a Tone account, thereby becoming a Tone member. By registering, you (a) represent and warrant that you are not a competitor of Tone and you do not intend to use your account to compete with Tone, and (b) agree to Tone’s policies and procedures regarding the collection, use, and disclosure of information you make available to Tone, as set forth in the Privacy Policy, which is incorporated herein by reference.

Customer Content

For certain product and service offerings you may elect to electronically upload or otherwise submit text, copy, data, graphics, images, photographs, or other materials (collectively, “Customer Content”) to Tone for inclusion in print products. This definition of Customer Content shall exclude the Personal Data you submit to Tone for its own purposes, as defined and explained in the Privacy Policy, which is incorporated herein by reference.

You agree to submit Customer Content only under your own legal name or associated username, and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. You agree to submit Customer Content only under your own legal name or associated username.

When you upload, or otherwise provide Customer Content to Tone you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold Tone and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by Tone in defending against such suit, demand or claim.

You agree that Tone may establish limits concerning Customer Content, including, for example, the maximum size of files that can be uploaded and the maximum storage space allotted for your Customer Content. You agree that Tone reserves the right to reject Customer Content, when necessary in its judgment. Tone does not maintain Customer Content indefinitely. Customer Content uploaded to the Website with an associated order will be kept on file for a period of up to fifteen (30) days. At the end of that time it may be deleted and irretrievable.

Because you are the exclusive owner of all your Customer Content, you are solely responsible for its accuracy, quality, appropriateness, and ethical and legal compliance. By submitting Customer Content, you represent and warrant to Tone that your Customer Content: (1) complies with all applicable local, state, federal, international, and foreign laws and regulations; (2) does not violate the legal rights of any person or entity, threaten their safety, or cause gratuitous injury; (3) does not violate any copyright, trademark, trade secret, patent, confidentiality, or nondisclosure; (4) includes the necessary licenses, rights, consents, and permissions to submit that Customer Content to Tone; (5) does not contain any information or material that is vulgar, sexually explicit, lewd, or pornographic; and (6) does not promote or encourage potentially illegal activity.

Given the volume of Customer Content submitted to Tone, you acknowledge and agree that Tone cannot control, monitor, or pre-screen Customer Content or verify any facts contained therein and will have no obligation to do so. You understand that Tone merely provides services for the design, preparation, production, and distribution of Customer Content and does not endorse any of it. Any statements, services, offers, or other information or content expressed in Customer Content are those of the respective author(s) and not of Tone.

You agree to indemnify and hold harmless Tone and its members, officers, managers, directors, employees, agents, affiliates, subsidiaries, and Partner Sites from any and all damages, claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your or another’s Customer Content.

Without limiting the foregoing, you agree that Tone reserves the right to review and reject Customer Content, as it deems appropriate in its sole discretion.

In accordance with the Tone Privacy Policy, which is incorporated herein by reference, Tone reserves the right to disclose any information as it deems necessary, in its sole discretion, to satisfy any applicable law, regulation, legal process, or governmental request.

Uploaded Content

We strongly recommend that content uploaded to Tone.ink for print fulfillment is (1) at a minimum of 300 DPI at 1:1 ratio (or 100%), and (2) designed in CMYK and uploaded to Tone.ink in CMYK with no embedded color profile (You may upload in RGB or some other standard if you choose, however, the color will be converted and Tone is not responsible for any inaccuracy or color shift that occurs as a result of the conversion).

Content that does not meet this standard may experience print or images that are fuzzy, pixilated or otherwise distorted for which Tone does not accept any responsibility. We reserve the right to reject content that does not meet this standard, but we do not assume any obligation to verify that the content meets this criterion stated above.

Color Quality

Tone guarantees that its prints will meet CMYK industry standards. We cannot guarantee “match-print” color fidelity and cannot prevent slight color shift throughout an order. Because we cannot control the color reproduction of a customer’s computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears your monitor. Tone is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output. Please note that the application of UV coating may have an effect upon or change the appearance of printed colors. Tone is not liable for the final color appearance of a UV coated product.

Production Time

Tone’s standard turnaround is dependent on the product ordered; if you do not specify otherwise you will be charged for standard turnaround for the relevant product.

Turnaround times do not include shipping time. The estimated date you will receive your order is a combination of the selected turnaround time and shipping time. Once your order is placed your turnaround time generally cannot be changed and billing charges will not be reversed.

For your convenience, depending on the product ordered, Tone offers a variety of different production turnaround times. Not all of the following turnaround times are offered on every product; the available turnaround times will be listed with product as part of the order process.

  • Same Day (not available in all locations) — all production ready jobs received and confirmed by no later than 10:00 a.m. will be ready for shipping by the end of the same day. Production ready jobs not placed and confirmed by 10:00 a.m. will be treated as having been timely received on the following business day.

  • Free delivery (if available) — will be on the next scheduled delivery day. We do not offer same day turnaround combined with same day free delivery. For example, if your free delivery schedule is on Wednesday and Friday, a same day turnaround order placed on a Monday will not be delivered until Wednesday; if free delivery is available every day, Monday through Friday, the order would be delivered on Tuesday.

  • Next Business Day — all production ready jobs received and confirmed by no later than 10:00 a.m. will be ready by the end of the next business day. Production ready jobs not placed and confirmed by 10:00 a.m. will be treated as having been received before 10:00 a.m. the following business day.

  • Next Day Plus 1 — all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready the by the end of the second business day after receipt. Production ready jobs not placed and confirmed by 1:00 p.m. will be treated as having been received before 1:00 p.m. the following business day.

  • 2-4 Day — all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready between 1:00 p.m. the second business day after receipt and 1:00 p.m. on the fourth business day after receipt.

  • 5-7 Day — all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready between 1:00 p.m. the fifth day after receipt and 1:00 p.m. on the seventh day after receipt.

Please note: – Turnaround times for jobs that Tone does not deem production ready (e.g., those with problems or that require a proof) will not begin until the job is approved and ready for production. Same day turnaround is only available for quantities up to 500. We reserve the right to print same day turnaround product on our digital presses.

If you choose group shipping this may add at least one additional day to your chosen turnaround time.

Over/Under Runs

Although we endeavor to ship the quantity ordered, Tone reserves the right to ship within 5% over or under the requested quantity. If a minimum quantity is a necessity we recommend that you adjust the total quantity ordered to account for the possibility of an under run.

Order Approval

Tone has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a Tone customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that Tone will review any other order you place. Orders are printed in their “as submitted” form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. Tone does not make any changes on customer files. Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. Tone will assume that you have verified the spelling, grammar, content and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.

Tone does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product. If you request a proof then it is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc).

If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.

Special Offers

From time to time Tone may offer promotions and special offers identified by a Coupon Code. Each Coupon Code will have different requirements and rewards. Typically, you will receive a Coupon or an email that contains the Coupon Code. If you receive a Coupon or email that contains a Coupon Code, please read it carefully — all requirements stated in the Coupon or email must be met in order to receive or take advantage of the promotion or special offer. Unless otherwise stated all Coupon Codes are limited to one-time use and are limited to current Tone account holders in good standing.

Promotions and special offers may be limited to certain account holders (e.g., they may be limited to loyalty levels or the terms may vary by loyalty level).

To take advantage of a promotion or special offer, enter the Coupon Code in the applicable field when placing an order. Not all products are eligible for promotions and special offers. If a Coupon Code does not function when entered, it means the product at issue does not qualify for the promotion or special offer; this determination is final.

A Coupon Code may not be combined with any other promotion, special offer, discount or reward offered by Tone (including Rewards Points redemption). If you enter a Coupon Code or take advantage of a promotion, special offer, discount or reward (including Coupon Codes issued for Rewards Points redemption), you will not be able to enter another Coupon Code or take advantage of any other promotion, special offer, discount or reward.

Coupon Codes only apply to products ordered through Tone’s website; they may not be used in conjunction with the purchase of products sold by or under the brands of third parties (including, Tone affiliates and/or websites linked to any existing Tone website). Coupon codes can not be applied to custom orders.

Coupon Codes cannot be used to pay for taxes, shipping and handling or other charges. If the promotion or special offer has a minimum purchase requirement, taxes, shipping and handling and other charges do not apply towards the minimum purchase amount.

If a promotion or special offer is for a defined amount (e.g. $10.00 off) and applies to a multiple- item order (e.g., multiple sets of business cards), it will be allocated to each eligible item based on the proportion of the item’s value to the total value of all eligible items, excluding shipping and handling, taxes and other charges. Certain items may not be eligible for the promotion and will not be included in the calculation.

Promotions and special offers are only valid for a limited time. They will expire on the date or within the timeframe specified in the offer. If no date or timeframe is specified, a promotion or special offer is valid until the end of the month is which the Coupon Code is first eligible for use.

Coupon Codes (and the Coupons or emails that contain them) are not for resale, have no independent cash value, are not redeemable for cash, and will not be replaced if lost, stolen or deleted.

Coupon Codes will not be retroactively applied against orders already placed with Tone.

If a Coupon Code is used and the entire order is cancelled or rejected, or if you return all items in the order then, subject to the terms of our Returns/Refund/Reprint Policy, you will be refunded only the actual amount paid. The coupon code will no longer be valid.

If only part of your order is cancelled or rejected, or if you return only some of the items in your order, then subject to the terms of our Returns/Refund/Reprint Policy, the relevant discount or promotion will be applied to the item(s) that are kept. The foregoing notwithstanding, under no circumstances will a promotion or special offer of any kind be applied to create a credit balance. If the balance of a partially canceled, rejected or returned order is less than the value of the promotion or special offer, the promotion or special offer will be applied to the outstanding balance (not including shipping and handling, taxes and other charges). The balance of the promotion or special offer is void, and the Coupon Code will no longer be valid.

Tone reserves the right to discontinue a promotion or special offer or coupon at any time and with immediate effect.

Payment

All prices and dollar amounts on this Website are in United States dollars. Tone presently accepts the following credit cards: VISA, MasterCard, American Express, and Discover. We reserve the right to stop accepting credit cards from one or more issuers.

In order for you to register with and order products and services from Tone it is necessary for you to provide and keep on file a valid, authentic and current credit card, which you are authorized to use. By submitting a credit card number to Tone you are representing and warranting that the credit card information you provide is valid, authentic, current, and one that you are authorized to use it. You agree that in the event the credit card information you have provided becomes invalid, out of date or that you are no longer authorized to use the card, you will immediately provide another credit card number that is valid, authentic and current, and which you are authorized to use. Some electronic transactions may require extended processing in addition to credit card authorization. You will be notified by a Tone customer service representative if extended processing is required to complete your transaction request through our Website. This may affect to your estimated delivery date.

Unless Tone agrees otherwise, all product and service orders must be paid for at the time of the order and accompanied by an authorization to charge a credit card on file with Tone or to charge a valid, authentic and current credit card, which you are authorized to use, that you provide at the time of the order. (If new credit card information is provided at the time of the order it will be added to the credit card information kept on file; Tone will not assume that previously provided credit card information is not valid). If a charge against a credit card you provide is not authorized or accepted, or is subsequently refused or rejected, we reserve the right to cancel your order without notice or liability.

In the event you make one or more changes to an existing order that incur additional charges, those charges will be applied to the credit card that was used for the original order, or to an alternative credit card or payment that you provide to us.

In the event that Tone and you have agreed upon an alternative method of payment and the payment is not received within 5 business days of the date on which payment was due you hereby irrevocably agree that Tone may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance.

Order Cancellation

A print order can be canceled at any time prior to it entering into production. If you cancel an order prior to it entering into production a Tone Customer Service representative will inform you of any cancellation charges incurred. (Please allow at least 10 business days for any refunded monies to be credited to your account). A print order cannot be canceled and no refund will be given once it has entered into production or any process thereafter. No refunds are issued for Logo and Graphic design services. All cancellations must be completed by a Tone customer service representative, or  through this website by accessing your Pending Orders. If you do not see a button for cancellation, the job has gone into production and cannot be canceled.

If within forty five (45) days or later of you placing an order and Tone has not received any files or incomplete files from which to complete your job, Tone may at its option cancel the order and refund any payment charged to your credit card.

Intellectual Property

You acknowledge and agree that Tone contains intellectual property and proprietary information and that all possible rights are reserved by Tone and protected by law in the United States and other nations.

You agree to respect and uphold Tone’s rights, including its copyrights, moral rights, trademarks, service marks, trade names, trade dress, trade secrets, and patents, whether registered or not, that may now exist or hereafter come into existence.  For a representative list of Tone’s intellectual property rights, please refer to the Intellectual Property Notice, which is incorporated herein by reference.

In compliance with the Digital Millennium Copyright Act of 1998, as codified in 17 U.S.C. §512, Tone will terminate your account if you have repeatedly infringed the copyrights of others.  Please refer to the Tone Intellectual Property Infringement Notification, which is incorporated herein by reference, for further information.

You understand that upon any suspension or termination, Tone will have no further obligation to provide its services to you and that any right or license granted to you by this Agreement or elsewhere by Tone will immediately cease.

Disclaimer of Warranties

YOUR USE OF TONE IS AT YOUR SOLE RISK AND DISCRETION. TONE AND TONE’S PROVISION OF USER CONTENT, WHEREVER PROVIDED, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, COURSE OF DEALING, AND COURSE OF PERFORMANCE, EXCEPT AS MAY BE EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT EXECUTED BY TONE AND THE USER. ABSENT SUCH AN EXECUTED, WRITTEN AGREEMENT, THIS MEANS, FOR EXAMPLE AND WITHOUT LIMITATION, THAT TONE AND ITS PARTNER SITES DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING TONE’S OR THE USER CONTENT’S AVAILABILITY, RELIABILITY, PERFORMANCE, SECURITY, ACCURACY, OR FREEDOM FROM ERROR OR VIRUSES. NO ADVICE, INFORMATION, OR AGREEMENT PROVIDED BY TONE WILL CREATE ANY REPRESENTATION OR WARRANTY, ABSENT AN EXPRESS, WRITTEN, AND EXECUTED AGREEMENT TO THAT EFFECT. NO ACCESS TO TONE IS AUTHORIZED, EXCEPT UNDER THIS DISCLAIMER.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE FOREGOING MAY NOT APPLY TO YOU. IN THAT CASE, TONE’S DISCLAIMER OF WARRANTIES SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND ANY WARRANTIES REQUIRED BY LAW SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, TO GIVE THEM THE MINIMUM SCOPE AND DURATION REQUIRED.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Tone reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Under no circumstances and under no legal theory or form of action, including, without limitation, negligence, tort, statute, contract, or strict liability, will Tone or its officers, directors, employees, agents, affiliates, subsidiaries, or Partner Sites be liable to you or any third party for any direct, indirect, consequential, special, punitive, exemplary, incidental, or other damages arising out of or in any way connected to Tone, including without limitation damages for delay, interruption, error or omission, non-performance, substitute goods, inaccuracy, removal, deletion, computer failure or malfunction, corruption, computer virus, security breach, lost profits, lost revenue, lost data, loss of goodwill, loss of use, termination of services, or any other economic damages or losses, except as may be expressly provided in a separate written agreement executed by Tone and the user. These limitations of liability shall apply whether or not the damages are foreseeable and whether or not Tone has been advised of the possibility of such damages.

Provided Tone does not fail to implement reasonable and appropriate industry standards to protect your Personal Data, you agree that Tone will not, under any circumstance be held responsible or liable for a security breach (i) where data is accessed by third parties through illegal or illicit means or (ii) where data is accessed through the exploitation of security gaps, weaknesses, or flaws unknown to Tone at the time.

In no event shall Tone be liable for any damages in excess of the subscription fees the user paid to Tone in the single, one (1) month immediately preceding the event giving rise to the claim.

No access to Tone is authorized, except under this limitation of liability.

To the extent that any jurisdiction does not allow the limitation of certain liability, the foregoing may not apply to you. In that case, Tone’s limitation of liability shall apply to the fullest extent permitted by applicable law and any liability required by law shall be limited to the greatest extent permitted by law, to give it the minimum scope and duration.

Indemnification

Tone assumes no liability arising out of or in any way connected to your access to or use of Tone or Customer  Content. You agree to indemnify, defend, and hold Tone and its officers, directors, employees, agents, affiliates, subsidiaries, and Partner Sites harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs arising out of or in any way connected to your access to or use of Tone or Customer Content. This shall include, without limitation, actions taken under your account, your submission or use of Customer Content, and any violation of these Terms of Use, applicable law, or any third party right.

Force Majeure

Tone shall not be liable for any delay or non-performance of its obligations caused by forces beyond its reasonable control and for their duration, including, without limitation, acts of god, fires, floods, war, riot, embargos, governmental acts, hacker attacks, communications failures, internet disruptions, or other telecommunications and service outages.

Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Sacramento County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Tone and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Collection of Information

Tone collects the information that you passively and actively provide it. Please read the Tone Privacy Policy, which is incorporated herein by reference, for all the details on how Tone collects, uses, discloses, and protects that information.  Tone is the sole owner of this information, holding all rights in it.

Tone wants to know how it can improve to better meet your needs and encourages your feedback. You may submit such feedback – for example, a testimonial, suggestion, enhancement request, idea, or recommendation – by emailing feedback@tone.ink or as otherwise provided.

Tone treats such feedback as gratuitous, non-confidential, and non-proprietary and nothing shall restrict Tone’s right to use, profit from, disclose, publish, or otherwise exploit any feedback. If any intellectual property rights exist in that feedback that would conflict with Tone’s ability to exploit it, you agree to irrevocably transfer and assign to Tone all of your right, title, and interest therein. You also agree that Tone may use certain personal information in connection with your feedback on Tone.ink or as part of its marketing and advertising campaigns.  Please read the Privacy Policy for additional information. No compensation will be paid for any feedback given to and use by Tone.

Interpretation and Scope

These Terms of Use, the Privacy Policy, the Sales Disclaimer, and the Intellectual Property Notice constitute the entire agreement between you and Tone with respect to the subject matter contained herein and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  To the extent possible, all terms should be read to give effect to all provisions in each document and render them consistent with each other. To the extent that there is an irreconcilable conflict among these documents, the terms contained in these Terms of Use shall take precedence, except where the terms addressing the subject matter in question are significantly more specific and comprehensive in another document.

Certain areas of Tone may require you to agree to additional terms and conditions of use.  To the extent possible, these additional terms and conditions of use should be read to give effect to all of Tone’s terms and conditions and render them consistent with each other.  To the extent that there is an irreconcilable conflict, the latter terms shall take precedence with respect to that individual conflict unless the former terms are significantly more specific and comprehensive regarding the subject matter in question, thereby indicating that the latter terms were not intended to replace the former.

In the event that a court of competent jurisdiction finds any provision or portion of these Terms of Use to be over-broad, illegal, invalid, void, or otherwise unenforceable, such provision shall be construed to give it the maximum effect legally possible and the remainder of these Terms of Use shall continue in full force and effect, without being impaired or invalidated in any way.

No delay or failure by Tone to enforce any right or provision of these Terms of Use will be deemed a waiver of such right or provision.  A waiver of any right under these Terms of Use must be made in writing and signed by Tone.  Any waiver of a term or provision given by Tone on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.

The headings that appear in this document are for ease of reference only and shall not affect or in any way limit the interpretation, application, or construction of the provisions contained herein.  A provision may apply to multiple sections or universally, despite being under a specific heading.  Each provision herein shall be treated as separate and independent.

All of the rights and obligations under these Terms of Use are freely assignable by Tone in connection with a buyout, merger, acquisition, or sale of assets, or by operation of law or otherwise.

Termination

Tone may suspend or terminate your account and or your right to utilize the services made available through this Website in the event that it determines or has reasonable grounds to suspect that you are in violation of the Site Terms.

Notwithstanding any of these Site Terms that may suggest otherwise, Tone reserves the right, without notice and in its sole discretion, to terminate your right to use this Website for any reason or no reason at all, and to block or prevent future access to and use of this Website by you. In the event your right to use this website is terminated, these Site Terms shall still apply.

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