MusicLessons.com Terms of Use

MusicLessons.com Terms of Use

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These terms were last modified on April 15, 2014 (version 1.0)


GENERAL INFORMATION

Welcome to MusicLessons.com!

These Terms of Use define the general rules for:

  • Music teachers to be found by the general public or registered members using the MusicLessons.com website and MusicLessons.com services and technology.
  • Any registered Member to post user-generated Content (e.g. forum posts, articles, comments, videos, and other uploaded files).
  • What is acceptable for Members to post in forums or elsewhere on the website.
  • How Members can access specific Content on the website.
  • The ownership and license of intellectual property and compliance with the Digital Millennium Copyright Act.
  • The removal or termination of Content on the service.

Everyone who uses this site is subject to these Terms of Use and you will specifically accept these Terms when you sign up as a Member.

Also, you may be asked to agree to certain additional financial terms if you purchase access to Premium Content using the Service (these terms are called the "Student Terms").

Members of the site who create Premium Content will be asked to accept separate terms which govern the conditions for payment (the "Teacher Account Policy").

These Terms of Use, the Student Terms, Teacher Account Policy, our Privacy Policy and our Frequently Asked Questions (FAQ) section (www.musiclessons.com/faq) will give you an overall understanding of how our platform works; including the kinds of data we collect, the way we bill, how we interact with you, how Teachers can interact with Students as well as the larger community and other useful information about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works.

Please understand that these Terms of Use and all the other terms governing the use of the site can change. We may modify these Terms of Use and other terms from time to time as necessary to meet evolving legal requirements, changes to the functionality of the site or technology and user feedback. We ask that you check back frequently to confirm the terms upon which you may use our service.

For purposes of the Terms of Use and the general use of the website, we use the following definitions:

  • "Anonymous User" describes any registered or non-registered person who accesses the MusicLessons.com Service anonymously without logging into the Service.
  • "Members" describes anyone who has registered with MusicLessons.com and signs in with their email address and password to access the Service. Members can be students, and if they create their own Content in specific pages on the site, they can also be Teachers. Any Member can be Teacher or Student depending on how they are using the site.
  • "Teachers" describes registered Members of MusicLessons.com who create a page in the MusicLessons.com Teacher & School Directory and who agree to the Teacher Account Policy and other terms that may apply.
  • "Students," are Members (including the parents of minors who are Members of the MusicLessons.com), who access instructional Content and agree to applicable financial and other terms that may apply.
  • "Content" is any user-generated material that is posted on the site by any Member, including any written, audio, video, photographic, or other posted content, such as music lessons created by a Teacher, which Members can access for free or under the terms and rates established by the Teachers who created the Content.
  • "Premium Content" is Content that, at the choice of the Teacher who posted it, can only be accessed by Students or Members who pay a fee.

Unless otherwise specified, the Terms apply to all users of MusicLessons.com, whether browsing the MusicLessons.com website or acting as a Teacher or Student.

ACCEPTANCE OF TERMS OF USE

These Terms of Use (or "Terms"), which include our Privacy Policy, form a binding legal agreement and govern your use of the MusicLessons.com platform, technology and service, including all features and functionalities, applications, updates, notifications, premium services, platform and our user interfaces, and all content and software associated therewith ("MusicLessons.com" or "Service"). By clicking on the "Accept" button during registration or by downloading, using, visiting, or browsing the MusicLessons.com, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use, access, stream, or download the Service.

We reserve the right to change these Terms, including the Privacy Policy, in our sole and absolute discretion. The most current version of these Terms can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of each page of the MusicLessons.com website. The most current version of the Terms of Use will supersede all previous versions. Use of the Service after we have posted any revision of these Terms of Use will be considered as your acceptance of the new Terms. If you do not agree to the changes in the Terms, you may terminate your use of the Service and this agreement as set forth below.

By registering for or using the Service, you warrant that you are of legal age and competent to enter into a binding contract. Please note that persons aged 13 and under may not register as Members of MusicLessons.com; if you are not over the age of 13, your parent(s) or guardian(s) must register as Members of the site in order to access Content and/or purchase lessons (as available) over the Service. If you are a parent registering for the Service for the benefit of your child, you agree that you shall be responsible for compliance with these Terms by your child and will be liable for any damages or liabilities as if you were the Student.

Teachers must be at least 18 years of age in order to create Content or otherwise offer lessons through the Service.

GENERAL USE MEMBER REGISTRATION

Registration

You do not need to register as a Member to browse the public portions of the MusicLessons.com website. However, visitors have only limited access to the Service; visitors can view the public pages within MusicLessons.com or Content, but cannot purchase, download, upload, conduct or attend music lessons through the Service.

In order to use the Service as a Teacher or Student, you must first register as a Member and provide your name, email address, and a password. You will be responsible for maintaining the security and secrecy of your password. You agree that you will not disclose, trade or transfer, with or without payment, your password. You will be solely liable for any use of the Service under your account and password. You agree to notify us promptly of any unauthorized use or disclosure of your password.

GENERAL USER OBLIGATIONS

You must comply with all applicable terms and laws in connection with your use of the Service. You will not attempt to get around or violate any security feature of the Service, including accessing any Member, Student or Teacher information or profiles for which you do not have permission, other materials or information not intended for you, or to contact any Member in violation of these Terms and Conditions.

You agree that you will not:

  1. use the Service in any manner to interfere with or attempt to interfere with the normal operations of the Service or any user's access to the Service, including by overloading, flooding, spamming or crashing the Service or its underlying systems;
  2. post, distribute or use any Content including Teacher produced Content or third-party Content (as defined in the Teacher Content section below), or engage in any speech or activity that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit or exploitative, harassing, bullying, threatening, stalking, profane, indecent of otherwise objectionable;
  3. use the Service in any manner that may give rise to any civil liability of MusicLessons.com;
  4. use the Service to advertise or solicit funds for goods or services except as permitted by MusicLessons.com;
  5. violate any applicable law or encourage conduct that would constitute a criminal offense;
  6. impersonate or falsely suggest or claim an affiliation with any other person or entity;
  7. provide any information that would help others abuse the site; or
  8. lie about your age.

Software/Equipment Requirements

To use the Service you will need certain basic equipment and a broadband internet connection. The minimum requirements for use of the Service may be found on the "FAQs" page on our site (www.musiclessons.com/faq). You are solely responsible for obtaining and maintaining the tools, equipment and internet service for use of the Service at your sole expense.

PRICING

There is no fee for registration as a Member of the MusicLessons.com Service. However, we reserve the right to establish such fees at any time. In the event that we establish membership fees, you may be required to pay such fees in order to access or create Content or purchase or conduct future lessons or otherwise use the Service.

Teachers have the right to set their rates and plans to access their Content in their sole discretion. For any Content for which Teachers ask for payment, Students are responsible for said payment in advance or on a periodic (e.g. monthly) basis. Payments shall be accepted only through our online payment service or a third-party payment processor. You may be required to establish an account with a third-party payment processor prior to accessing Content through the Service.

If you access paid Content through the Service, you hereby authorize us to debit your account or charge your credit card for all charges. You agree that all information you provide with respect to payment will be accurate and complete and that you will keep all such information current.

We reserve the right to modify, terminate or otherwise amend our accepted payment methods. You remain responsible for any uncollected amounts. In the event that any amounts are unpaid by you, including as a result of rejection of payment by a third-party processor or your credit card, we reserve the right to cancel or suspend your Membership and further use of the Service by you. You agree to be responsible for and reimburse us for any legal or other fees we may incur in collecting overdue amounts from you. MusicLessons.com reserves the right to charge a late fee of 1% per month for overdue charges.

STUDENT USE AND RESPONSIBILITIES OF THE SERVICE

Some Content may be offered for free to any Member or Anonymous User and may or may not require further registration. For all other Content, any Member who wishes to view or interact with instructional Content (post comments or questions, or upload files or other Content) offered by the Service may also have to agree to additional Student Terms. Personal information that you provide to register as a Member or to pay for the Service (e.g. credit card, billing address, etc.) will not be shared with other Members, including Teachers or other Students or third-parties. You agree that all information you provide to us will be complete, true and correct and that you will keep it up-to-date. You will also be asked for credit card information or other payment service information (e.g. PayPal, if and when available).

You agree that we will have the right to verify your identity and any information you submit on the Service during the registration process or at any time as long as you use the service. We reserve the right to suspend or terminate your account and use of the Service if we believe any information is inaccurate or incorrect, or if you fail to adhere to the terms of the Service. MusicLessons.com is under no obligation to verify any Member's identity except as may be necessary for payment or other internal control purposes.

If you are registering to use the Service as a Student, you understand and agree that we do not control and are not responsible for the accuracy, completeness, timeliness or correctness of any information provided by Teachers or other Members with respect to their qualifications, their Content, or their suitability to Student requirements or fitness for a particular purpose.

Accessing Content

Any Member may access instructional Content at the applicable rates set by the Teacher. Access to Content may require pre-payment and the availability of refunds may be limited. It is the Student's responsibility to understand and accept those refund policies prior to payment.

When a Member accesses lessons (whether pre-recorded or live), that Member will be referred to as a Student and the Student will be asked to accept certain additional Student Terms which govern how a Student will use the MusicLessons.com Service to access and pay for the instructional Content provided by the Teacher. Specifically, the Student agrees to provide accurate credit card information and will also agree to pay a monthly subscription for the Content or the amount required to access individual lessons. The Student agrees that for access to Content, a credit card will be charged in advance of their ability to access Content at the price set by the Teacher. The Student may be required to accept certain additional payment terms as required by MusicLessons.com third-party credit card processor, e.g. Stripe or another merchant service.

The Student acknowledges that the costs to access instructional Content is set by the Teacher. A Teacher may change these costs at that Teacher's discretion. The Student further acknowledges that the availability of any Content is not guaranteed by MusicLessons.com and that MusicLessons.com reserves the right to take down or delete any Content or lessons. In the event that any Content or lessons are unavailable for which Student has paid in advance, MusicLessons.com sole liability hereunder is to refund the portion of the Student's subscription fee or price paid for unattended lessons or instructional Content. Refund amounts may be pro-rated for the applicable time period.

Assessments

Students may have the opportunity to rate certain types of Content and these ratings will be visible to all Members and Anonymous Users of MusicLessons.com, including the Member who generated that Content. While we will not disclose your personally identifiable information in your reviews, your Nickname will be provided with any such review, and the Member will have the ability to post a response to your review. Any review you post is intended to be helpful and constructive, and may expire after a duration that is determined by MusicLessons.com in its discretion. MusicLessons.com reserves the right to remove any reviews or other posts in its discretion, including, but not limited to, any which may be considered abusive, harmful, disparaging, profane, libelous, slanderous or untrue by any party.

Personal Conduct and Use

You agree that you will use all Content only for your personal use and will not reproduce, distribute, modify, republish (such as on YouTube, Vimeo, facebook, or other video-sharing site), resell or transmit any Content.

For any evaluations and posts within the Service, you agree to treat Teachers respectfully. You will not use or post any profanity, offensive language, or engage in rude behavior on MusicLessons.com, MusicLessons.com reserves the right to remove any posts or Content which, in its discretion, may be considered abusive, harmful, disparaging, profane, libelous, slanderous or untrue by any party. You will not disclose personal information other than as relevant to accessing Content or receiving lessons. If any Teacher requests irrelevant personal information, or suggests a meeting or conversation that is not related to the MusicLessons.com service or the provision of music lessons, immediately report the request to us at www.musiclessons.com/reportabuse.

Teachers and all Members are expected to conduct themselves in a professional manner. However, there is a chance that a Teacher will not act appropriately and you could be exposed to Content that you find objectionable or offensive. If you encounter objectionable or offensive language or Content, notify MusicLessons.com immediately by using the applicable report abuse link within the objectionable Content, or by clicking on the Report Abuse link near at the bottom of every page (www.musiclessons.com/reportabuse). You agree that under no circumstance will MusicLessons.com, or any of its employees be liable for damages. Instead you are free to seek damages directly from the Teacher or Member that posted the Content.

TEACHER SERVICES AND RESPONSIBILITIES

Services

As a Member of MusicLessons.com, you can create a page in the publicly available Teacher & School Directory that can be seen and searched by Anonymous Users and Members of the Service. Any Member that creates one of these pages will be referred to as a Teacher.

Teachers will have the ability to create Content that other Members and Anonymous Users of the Service can access for free or for a cost. Teachers will also have the ability to create and sell access to Premium Content, such as music lessons, within the parameters of the Service if the Teacher agrees to the Teacher Account Policy.- Any fees that a Teacher charges to access Premium Content will be visible by Members and Anonymous Users, but the Premium Content itself will only be accessible by Students who agree to the Student Terms. MusicLessons.com may provide limited, free access to a portion of a Teacher's Premium Content for promotional purposes that can be accessed by Anonymous Users and Members. Teachers will also have the ability to select specific parts of their Premium Content that can be viewed by Anonymous Users and Members for promotional purposes.

As a Teacher, your page should include information about your qualifications, teaching style, and the instruments you play. In connection with your registration and your provision of recorded and live lessons, you agree as follows:

  1. You will not use the Service in any manner to interfere with or attempt to interfere with the normal operations of the Service or any user's use of the Service, including by overloading, flooding, spamming or crashing the Service or its underlying systems;
  2. You will not post, distribute or use any content, or engage in any speech or activity that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit or exploitative, harassing, bullying, threatening, stalking, profane, indecent of otherwise objectionable;
  3. You will not use the Service in any manner that may give rise to any civil liability of MusicLessons.com;
  4. You will not use the Service as an advertisement for a competing company or service. e.g. You will not impersonate or falsely suggest or claim an affiliation with any other person or entity;
  5. You agree that you will make every effort to keep Content in compliance with the above criteria. You will meet your scheduled lessons or other commitments. If you take down or delete your Content or any lessons, you must immediately contact MusicLessons.com and the registered Students who have paid for access to said Content. You will be responsible for refunds for any pre-paid deleted Content. In the event you fail to provide refunds or if your account with MusicLessons.com is in arrears, your use of the Service may be terminated. MusicLessons.com reserves the right to pay any fees in arrears, e.g. thirty (30) days after the posting or performance of the Content;
  6. You must conduct yourself in a professional courteous manner at all times and you will not use offensive, obscene or indecent language in connection with your creation of Content, conduct of lessons or use of the Service. You will not record and upload offensive, obscene or indecent language;
  7. You shall have the right to set policies and guidelines as you deem appropriate for your Students as long as they adhere to the Site's terms;
  8. You shall not disclose any personal information to your Students, other than as necessary for the delivery of Content or to substantiate your musical and teaching experience;
  9. You will not request personal information from a Student or request an offline meeting or conversation, whether an in-person meeting or online chat through another service;
  10. In the event that a Student requests an inappropriate meeting or provides personal information, you should report the incident to MusicLessons.com;
  11. Violate any applicable law or encourage conduct that would constitute a criminal offense.

Teacher Content: Intellectual Property and Ownership

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.

Fees, Payments

You will have the ability to set your own fees to allow access to your Premium Content. Your fees will be publicly displayed as part of your public profile. Access to your Premium Content will be charged and billed and paid to you in accordance with the Teacher Account Policy (as may be amended from time to time).

  1. All fees paid by Students to access your Premium Content must be paid through the MusicLessons.com platform using the online payment services or third-party service provided by or through MusicLessons.com. Teachers will be paid by check in US Dollars and sent to the payment address you specified in your settings.
  2. You understand and agree that MusicLessons.com will pay you thirty (30) days in arrears on a monthly basis for all Premium Content sales less the applicable MusicLessons Service Fees as set forth in the Teacher Account Policy (as may be amended from time to time).
  3. For any Content provided or a subscription on recurring basis, you further understand and agree that Students may terminate their subscription at any time by choosing not to renew. MusicLessons.com reserves the right to permit mid-subscription or recurring payment cancellations, and, if permitted, your fees may be pro-rated subject to MusicLessons.com then current cancellation policy. You further acknowledge and agree that MusicLessons.com may offer refunds to Students who are not fully satisfied with their experience.
  4. 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.

Upon providing Content, you agree to pay MusicLessons.com the applicable Monthly Service Fee required by the then current Teacher Account Policy. Such Monthly Service fees are non-refundable notwithstanding any termination of the Teacher's registration with MusicLessons.com.

In addition, MusicLessons.com may assess additional transaction fees as described in the then current Teacher Account Policy to provide access, storage, and delivery to Premium Content. Such transaction fees are non-refundable notwithstanding any cancellation or removal of Content.

Relationship with MusicLessons.com

You agree that you are not an employee, contractor or agent of or for MusicLessons.com. You do not have the authority to bind and you shall not bind MusicLessons.com to any contractual or other liability or obligation. You agree that you will use the Service exclusively for lessons for Students identified or who identify and contact you through the Service, including payment through the Service. You will not attempt to circumnavigate the Service and conduct lessons or accept or receive any payment for classes or lessons from Students other than through the Service.

PRIVACY

Your privacy is very important to us. Any personally identifying information submitted through the Service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. We may use your personal information as described in the Privacy Policy. Additionally, we may send you notifications about new Service features, special offers, promotional announcements and customer surveys via email, notifications within the Service, text message or other methods. By using the Service, you consent to receiving electronic communications from us regarding the Service. These communications may include notices about your account (e.g., change in password or activity), confirmation e-mails and other transactional information), introductions or confirmations of introduction and information concerning or related to our Service. You acknowledge these communications are a necessary part of the Service and you agree to receive them as part of the MusicLessons.com Service.

MONITORING OF CONTENT, REPORTS OF ABUSE

We reserve the right, but shall be in no obligation, to monitor any Teacher Content, lessons, chat, email, or other information and communications posted through or on the Service. We reserve the right to remove, suspend or limit access to any content that we believe does not meet these Terms or which we otherwise determine is harmful, objectionable, illegal, offensive or violates our rights or the rights of any person or which may threaten the safety or property of our service or others.

The Service includes functions whereby a Student, Teacher or other third party may report abuse or objectionable behavior, including during a Lesson. In such event, we reserve the right to immediately terminate use of the Service, including any Content and lessons in progress, without notice.

We report any abuse or sexually explicit or exploitative conduct or other criminal offenses to the appropriate law enforcement, social services or other government or local agencies as required by applicable law or as we otherwise deem appropriate.

INTELLECTUAL PROPERTY

Ownership

The Service, including all content (other than user-generated Content), graphics, audio, video, pictures, trademarks, service marks, logos and other material on the Service, and its underlying software (the "Software"), algorithms, databases, look and feel and arrangement, are the intellectual property of MusicLessons.com, LLC, subject to copyright and other intellectual property protections. The MusicLessons.com mark and logo are the trademarks of MusicLessons.com. All rights in and to our website, the Service and the Software not expressly granted herein are reserved by us. We grant you and you accept a non-exclusive, non-transferable, revocable license to use the Software solely for your personal use of the Service and in accordance with these Terms of Use.

Restrictions

Except with respect to the provision of Content and/or lessons, you may not use any information provided on or through the Service for any commercial purpose including by selling, buying, distributing, reposting or licensing any information or contacts you may obtain through use of the Service. You may not use any page-scraper, spider, robot or other automatic device or methodology to access, acquire, copy or monitor any contacts or content provided on or through the Service. You may not copy, republish, mirror, transmit, perform, sell or distribute any part of the Service for any commercial or other purpose or other than as expressly permitted herein. You may not alter, modify or create derivative works of the Software or Service and shall not access or attempt to access, reverse engineer, decompile or otherwise discover the source code of the Software.

Content

Notwithstanding the specific licenses to Teacher Content set forth above, for any party submitting Content to MusicLessons.com, including Members and Students posting reviews, blog posts, lesson recordings or any other material, 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. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in written, video and audio Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that MusicLessons.com may retain, but not display, distribute, or perform, server copies of your Content that has been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

All users understand and agree that we will record and may monitor any Content/lessons conducted through the Service (including chat and video streaming) for quality control, safety and other purposes. MusicLessons.com owns such recordings for its internal use and to enforce Teacher's and our rights in the Content, without otherwise limiting the Teacher's and third-party licensor rights in and to the Content. MusicLessons.com further reserves the right to retain and store copies of all such recordings indefinitely and to review such recordings for any purpose. If required or deemed appropriate, we may provide access to or copies of such recordings to law enforcement, social services or other government agencies.

DIGITAL MILLENNIUM COPYRIGHT ACT

Notice: If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MusicLessons.com's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, email: copyright@MusicLessons.com. For clarity, only DMCA notices should go to the Copyright Office; any other feedback, comments, requests for technical support, and other communications should be directed to MusicLessons.com customer service through support@musiclessons.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

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.

MAINTENANCE OF THE SERVICE

We reserve the right to issue corrections or modifications or upgraded versions of the Service and Software at any time at our discretion. From time to time and with or without notice, the Service may be unavailable so that we may perform ongoing, scheduled or emergency corrections or upgrades; provided, that if practicable, we will use good faith efforts to notify you in advance and to schedule upgrades or downtime when lessons are not scheduled.

TERMINATION

We may at any time cease to continue operating part or all or selectively disable certain aspects of the Service. In the event that we disable or cease providing the Service, other than due to a breach by you of these Terms, our sole obligation to you shall be to (i) if you are a Student, refund to you any amounts paid for future lessons or Content you have not accessed and is not in streaming format, or (ii) if you are a Teacher, pay you for all Content delivered through the Service prior to such termination. You acknowledge that certain Content offered through the Service may be in a non-downloadable, streaming format and will not be accessible if such Content is removed or terminated for any reason. MusicLessons.com shall not be responsible for refunds or other compensation for any Content removed from the Service for any reason. We have no obligation to provide upgrades, updates, support or maintenance for the Service; provided, however, that we reserve the right to make such upgrades and the Service may be unavailable from time to time for support and maintenance purposes. We may also establish additional rules, limits or policies regarding the Service and you agree that your compliance with such rules, limits or policies shall be a condition of your continued use of the service. For example, we may establish limits on the amount or number of Content or lessons that you may conduct through the Service or the number of lessons that can be scheduled on the Service at a specific time. We may terminate your use of the Service for any reason at our sole discretion and with or without prior notice to you.

WARRANTY DISCLAIMER

THE SERVICE AND SOFTWARE IS PROVIDED ON AN "AS IS, WHERE IS" BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE, SOFTWARE, ITS CONTENT OR ANY LESSONS OFFFERED OR CONDUCTED THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF ANY THIRD PARTIES' INTELLECTUAL PROPERTY RIGHTS. MUSICLESSONS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY OR COMPLETENESS OF THE SERVICE, THE SOFTWARE OR IT'S CONTENT, OR OTHERWISE. WE MAKE NO WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE SERVICE OR THAT THE SERVICE WILL BE ACCESSIBLE AT ANY SPECIFIC TIME. YOU AGREE THAT YOU ARE NOT RELYING ON, NOR HAVE WE MADE, ANY ORAL REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE INSTRUCTORS, LESSONS OR ANY CONTENT ACCESSED OR PROVIDED THROUGH THE SERVICE. WE MAKE NO REPRESENTATIONS THAT ANY INSTRUCTOR WILL ACQUIRE ANY STUDENTS THROUGH THE SERVICE. ALL USE OF THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH YOUR LESSONS OR THE SERVICE, YOU SOLE REMEDY IS TO DISCONTINUE USE AND OBTAIN A REFUND FOR ADVANCE PAYMENTS, IF AVAILABLE, AS SET FORTH IN THESE TERMS.

You expressly acknowledge and agree that MusicLessons.com is providing only a service to assist you in identifying students or instructors and a platform through which lessons may be conducted and viewed. We do not qualify or assess the skills or competencies of any Teachers, and Students are solely responsible for determining whether a Teacher meets their own needs. We have no obligation to monitor use of the Service by any user. The presence on the Service of, or use of the Service by, any person or entity does not, and shall not be deemed to, constitute a sponsorship, endorsement or guarantee of such person or entity. You are solely responsible for your use of the Service.

We expressly disclaim, and you accept such disclaimer, any liability for any loss or damage to you or any user arising from any communications, introductions, classes, business relationship or transactions between you or any user. In the event you have a dispute with a user regarding any introductions, communications, lesson, relationship or transaction, including any services provided by a Teacher or failure of any Student to participate in any lessons or any assessment, negative feedback or comments made by any Student about a Teacher or any Teacher about any Student, you hereby release MusicLessons.com from any and all liability, claims, demand and damages associated with such user or such transaction.

LIMITATION ON LIABILITY

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH YOUR MEMBERSHIP IN AND/OR USE OF THE MUSICLESSONS.COM SERVICE, INCLUDING ANY LESSONS OR FAILURE OF ANY LESSONS TO BE CONDUCTED, EXCEED THE GREATER OF (I) $100 AND (II) THE TOTAL AMOUNT THAT YOU PAID TO US FOR THE APPLICABLE LESSON OR SERVICE, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, PROFITS OR BUSINESS. Any claim or cause of action by you must be brought within one (1) year following the occurrence of the event resulting in such claim or action. These limitations shall apply regardless of whether we knew, should have known or were forewarned of the possibility of such damages, but will not apply to any intentional damage or damage caused by our knowing violation of applicable law.

Some jurisdictions do not allow for limitations of liability or warranty so these may not apply to you.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold MusicLessons.com and its affiliates and each of their owners, directors, officers, employees, independent contractors, subcontractors, agents and representative ("Indemnified Parties") harmless from any claim, cause of action, proceeding, liability, taxes, damages, loss, attorney fees, cost and expenses arising from or related to (i) your breach of these Terms of Use and/or (ii) your use of the Service, including any lessons which you may conduct or attend.

THIRD PARTY WEBSITES

From time to time, we may provide information regarding or links to other websites, resources or products ("Third Party Sites and Products"). Such information or link is provided only for your convenience. MusicLessons.com does not qualify, endorse, investigate or approve any Third Party Sites and Products and is not responsible for the availability, security, safety or quality of such Third Party Sites or Products. You are solely responsible for ensuring that any such Third Party Sites and Products meet your needs. In no event will we be responsible or liable for any information, services or products provided by such Third Party Sites or for their failure to provide any such information, services or products to you. We have no control over, and assume no responsibility for, the content, privacy policies, products, services or practices of any third party websites. You should review such site's privacy and return/refund policies before providing any personal information or purchasing products or services from such sites. In addition, we will not and cannot censor or edit the content of any third-party site.

We may make certain products and services from our partners available through the Service, either directly or through a link, including without limitation, sheet music providers or other music products and services. You agree that any purchase from such partners shall be a separate transaction between you and our partner. You further acknowledge and agree that we may receive a commission or other payment for your purchase.

MISCELLANEOUS PROVISIONS

Suggestions and Feedback

You understand and agree that any ideas or suggestions for improvements to the service, including without limitation, enhancements, new functionality, or concepts, shall be owned by MusicLessons.com. We shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration to you.

Assignment

You may not assign your rights hereunder. We can assign our rights hereunder at any time without restriction.

Governing Law

To the extent permitted by law, these Terms, your use of the Service are governed by Wyoming law, without giving effect to its conflict of law provisions.

Entire Agreement

These Terms together with the Privacy Policy and any other legal notices or policies published by us through the Service, constitute the entire agreement between you and MusicLessons.com concerning your use of the service. No MusicLessons.com employee or agent has the authority to vary any of these Terms of Use or the MusicLessons.com policies. Any failure by us to insist on or enforce strict performance of these policies shall not be construed as a waiver of any provision or any right it has to enforce these policies, nor shall any course of conduct between MusicLessons.com and you or any other party be deemed to modify any provision of these policies. Any modification of these Terms must be in a writing executed by a duly authorized officer of MusicLessons.com. If any provisions of these Terms or our policies are held to be void or unenforceable by an arbitrator, court or other tribunal of competent jurisdiction, such provision or policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the provision. Any invalidity of such provision shall not affect the validity of the remaining provisions of these Terms or the policies and such other provisions shall remain in full force and effect.

Notices

You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

ARBITRATION PROVISIONS

ANY CONTROVERSY OR DISPUTE BETWEEN MUSICLESSONS.COM AND YOU ARISING OUT OF OR RELATED TO THESE TERMS OF USE AND/OR YOUR USE OF THE SERVICE THAT CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE BEFORE THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA"), IN TETON COUNTY, WY AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WYOMING.

ALL NOTICES AND REQUESTS FOR ARBITRATION SHALL BE MADE IN COMPLIANCE WITH THE RULES SET FORTH BY THE AAA. IN THE EVENT THAT ANY PARTY TO THIS AGREEMENT DESIRES TO SEEK ARBITRATION, IN ADDITION TO COMPLIANCE WITH THE RULES SET FORTH BY THE AAA, THE PARTY REQUESTING ARBITRATION SHALL GIVE WRITTEN NOTICE TO THE OTHER PARTY AT LEAST TEN (10) DAYS PRIOR TO FILING ITS REQUEST WITH THE AAA. THIS NOTICE SHALL SET FORTH THE NATURE OF THE DISPUTE, THE AMOUNT INVOLVED (IF ANY), AND THE REMEDY SOUGHT. YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE.

THE PARTIES UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING ON THE PARTIES. THE PARTIES FURTHER UNDERSTAND THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. NOTWITHSTANDING THIS PROVISION, THE PARTIES AGREE THAT MUSICLESSONS.COM MAY SEEK IMMEDIATE INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER OR PERSONS FOR WHICH RELIEF IS SOUGHT. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR(S) MUST BE ENTERED AND CONFIRMED EXCLUSIVELY IN ANY COURT HAVING JURISDICTION.

ALL AWARDS SHALL BE MADE IN CONFORMITY WITH THE AAA RULES AND THE PARTIES UNDERSTAND THAT THE ARBITRATOR(S) MAY AWARD MONETARY DAMAGES AND ARE AUTHORIZED TO GRANT PRE-AWARD AND POST-AWARD INTEREST AT COMMERCIAL RATES ON ANY MONETARY AWARD. ANY SUCH AWARDS SHALL BE SUBJECT THE LIMITATION OF LIABILITIES SET FORTH HEREIN.

You consent and submit to the sole jurisdiction and venue of the state or federal courts of the state of Wyoming.

Attorneys Fees

We shall be entitled to our reasonable costs and expenses (including reasonable attorneys' fees) incurred in connection with the enforcement of these Terms of Use against you.

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 Terms of Use or any other policy, you may contact us at info@musiclessons.com


These terms were last modified on April 15, 2014 (version 1.0)

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