MusicLessons.com Self-Publishing Service Policy

MusicLessons.com Self-Publishing Service Policy

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These terms were last modified on July 26, 2016 (version 1.0)


This policy governs the terms for the use of the MusicLessons.com Self-publishing Service, a service that is offered through the MusicLessons.com Platform Services, as defined in the MusicLessons.com Teacher Account Policy (www.musiclessons.com/agreements/teacher/) by a registered Teacher through the MusicLessons.com site and the respective obligations of the Teacher and MusicLessons.com.

Definitions

Capitalized terms not defined in this policy statement are defined in the MusicLessons.com Terms of Use (www.musiclessons.com/agreements/terms/) or MusicLessons.com Teacher Account Policy – (www.musiclessons.com/agreements/teacher/)

"Self-publishing Service" means the service and related technologies that MusicLessons.com provides to their Teachers to create free and Premium Content that can be sold to any MusicLessons.com Member through the service. Using this Service, Teachers can create and manage a collection of free and Premium Content in the form of Lessons and Courses, and can set the price of all Content that is created by the Teacher using this service.

"Lesson" means free or Premium Content that is created and edited using the Self-publishing Service, and may consist of any number of multimedia elements including but not limited to formatted text, images, audio, video, MusicXML, and PDF files, organized in the order that you choose.

"Course" means free or Premium Content that is created and edited using the Self-publishing Service, and consists of any number of Lessons that are ordered and organized into chapters.

About the Self-publishing Service

The MusicLessons.com Self-publishing Service allows Teachers to create and manage a collection of Lessons and Courses that can be sold to any Member of MusicLessons.com. All Content created using this service is stored on MusicLessons.com controlled servers and can only be accessed by streaming it through an Internet connection. Content cannot be downloaded using this service for offline use. Purchases for all Premium Content created using this service are done through our payment system, and the money from the purchase, less a service fee, is then transferred into the Teacher’s account.

The MusicLessons.com Self-publishing Service is in its "beta" release stage, and is being offered to a small group of Teachers in order to test the service and receive feedback from Teachers who will use it in a real-world situation. While in beta, the service is expected to undergo enhancements from time to time that are intended to improve usability and fix problems that may be detected. By using the service, Teachers are encouraged to provide feedback so that we can better understand what works and what changes may be needed in the future to make the service better.

Fees, Payments

If you choose to use the MusicLessons.com Self-publishing Service, you will have the ability to set your own price for each Lesson and Course that is charged to Students when they purchase your Premium Content, subject to the following fees and payment rules:

  1. Payments to Teachers. Teachers who use the Self-publishing Service will be reimbursed for all purchases, less applicable Service Fees, as follows:
    1. You will be paid by check or direct deposit, within the discretion of MusicLessons.com, in U.S. Dollars only.
    2. You understand and agree that MusicLessons.com will pay you on a monthly basis, provided that your account balance is greater than $50.00. If your account balance is less than $50.00 in any payment period, your balance will be carried over into the next payment period and you will receive a payment when your account reaches $50.00 or more.
  2. Service Fees. Teachers acknowledge and agree to pay the following Service Fees for the sale of Lessons and/or Courses that is completed using the Service:
    1. Self-publishing Service Fee. A fee of 30% of the purchase price for each Lesson or Course sold will be assessed at the time of purchase. For example, if you sell a Course for $50.00, your account will be credited the the total purchase price of $50.00, and then you will be charged a Self-publishing Service Fee of 30% ($15.00), leaving a total of $35.00 that you earned from the sale.
    2. Payment Service Fee. All purchases of your Premium Content (Lessons and Courses) will be processed through the MusicLessons.com Payment Processing Service, which is subject to a Payment Service Fee of 3% of the total purchase price of all Premium Content sold within each order, plus $0.30. For example, if a customer makes a single purchase of five (5) Lessons for $4.00 each (total $20.00), you will be charged a Payment Service Fee of $0.90 (3% of $20.00 = $0.60, plus $0.30, equals a total Payment Service Fee of $0.90).
  3. Refunds. You acknowledge and agree that MusicLessons.com may offer refunds to Students who are not fully satisfied with their experience or for any Premium Content which has been removed from MusicLessons.com by you or by MusicLessons.com for violations of the Terms of Use, or for any other reason that MusicLessons.com deems appropriate at the sole discretion of MusicLessons.com. Any refunds shall be deducted from your account and paid from any positive balances therein. MusicLessons.com retains the right of offset for any liabilities for refunds or other costs, charges, fees or expenses incurred by MusicLessons.com with respect to your provision of Content and, without limitation, any violation by you of the MusicLessons.com Terms of Use or the Terms of Use of any third-party accessed through MusicLessons.com.
  4. Taxes. You must be a United States citizen, resident or be prepared to pay taxes in the United States to use the MusicLessons.com Platform Services. All payments and fees are provided and assessed in in US Dollars. MusicLessons.com is required to report all income you make using our Service to the United States Internal Revenue Service. You will provide MusicLessons.com with a true and correct IRS W-9 Form and/or equivalent in your applicable tax jurisdiction. You shall be solely responsible for reporting all income earned by you through the Service and the payment of the appropriate federal, state and/or local taxes. If any sales tax is required by your state or local jurisdiction, you will be solely responsible for collecting and remitting any such taxes. Any failure by MusicLessons.com to provide you with a year-end IRS 1099 Income Tax Form or equivalent will not relieve you of your obligation to file and remit taxes on income from or through MusicLessons.com.
  5. Changes. MusicLessons.com reserves the right to change the Service Fee at any time. If the Service Fee changes, we will make reasonable attempts to contact you in advance via email and other notifications that will appear after signing into the Service.

Copyright

You are solely responsible for your Content including the lessons, music and other instructional materials used or provided. You represent and warrant that you own or have sufficient rights, permissions and licenses in and to the Content so that you may use, post, perform, display, transmit or reproduce such Content for use on the Service and to grant the license herein. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant MusicLessons.com all of the license rights granted herein.

For clarity, you retain all of your ownership rights in your original Content. However, by submitting Content to MusicLessons.com, you hereby grant MusicLessons.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and MusicLessons.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels within the parameters of the Service and subject to Teacher's rights to ask for compensation from materials of premium Content. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service subject to the limited survival clause below. The above licenses granted by you in the Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your - Content from the Service. Notwithstanding the forgoing, you understand and agree that MusicLessons.com may also retain, but not display, distribute, or perform, server copies of your - Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

Content you provide that you delete or remove (even if subject to an infringement claim) may remain accessible to students who have pre-paid for such Content at the discretion of MusicLessons.com.

If your Content is removed due to copyright infringement or any other violation of these Terms, you will be responsible for all refunds that are issued by MusicLessons.com to all purchasers of the Content that was removed, and a deduction will be applied to your account for each refund that was processed.

Digital Millennium Copyright Act (DMCA)

By using the Self-publishing Service, you are subject to the rules governing copyright infringement under the Digital Millennium Copyright Act, as specified in the MusicLessons.com Terms of Use agreement (www.musiclessons.com/agreements/terms/). Under the rules, copyright owners may submit an infringement notice to the MusicLessons.com Copyright Agent (copyright@musiclessons.com), at which time your Content will immediately be taken offline while the dispute is processed.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Teton County, Wyoming, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, MusicLessons.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MusicLessons.com's sole discretion.

Termination

We may terminate your use of the Self-publishing Service for any reason at our sole discretion and with or without prior notice to you. Teachers may also terminate their use of the Self-publishing Service for any reason at their sole discretion and with or without prior notice to MusicLessons.com. In the event that either party terminates the use of the service, all Premium Content that has been purchased by any Member of MusicLessons.com prior to termination will remain in the Self-publishing Service in perpetuity in order to allow those Members to continue to access it. However, all Lessons or Courses that were created by the Teacher using this service will no longer be accessible or found in the service by any member who has not previously purchased the Content.

Incorporation of Terms of Use

All other terms set forth in our Terms of Use (www.musiclessons.com/agreements/terms/) and Teacher Account Policy (www.musiclessons.com/agreements/teacher/), as may be updated from time to time are hereby included by reference and you accept those terms (including any updates and amendments thereto by MusicLessons.com) including warranty, choice of law, indemnity and arbitration provisions.

Changes to These Terms

If we decide to change these terms, we will post those changes on this page and update the modification date below.

How To Contact Us

If you have any questions regarding the MusicLessons.com Self-Publishing Service Policy or any other policy, you may contact us at info@musiclessons.com


These terms were last modified on July 26, 2016 (version 1.0)

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