Terms Of Service
Effective Date: April 2, 2020
II. Important Information about Your Use of the Services
As with any endeavor, individual results are not guaranteed. no refunds will be given outside of the terms of this agreement.
III. Account Enrollment
To access the Services, you must first establish an individual user account by providing certain information. You agree that you will not create more than one Account or create an Account for anyone other than yourself. You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.
IV. Prohibited Conduct
You may not access or use, or attempt to access or use, the Services to take any action that could harm Us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws including copyright laws. For example, and without limitation, you may not:
- transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
- provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;
- engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- reproduce data, including sheet music, videos and scores, from the Website for any use besides Your own learning to play the piano;
- take any action that imposes an unreasonable or disproportionately large load on Our network or infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software or data comprising or in any way making up a part of the Services; or
- disclose information regarding other users of the Website in any way;
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in Our sole judgment, exposes Us or any of Our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities and third parties to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
V. Payment Authorization
By providing a credit card or other payment method accepted by Us (“Payment Method”), you are expressly agreeing that We are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes.
You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing, and you agree to notify Us immediately of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, We may attempt to process the charge again at any time within thirty (30) days.
VI. Intellectual Property Rights
The Services may be protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by Us or Our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without Our written consent.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Us or Our licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Ours, Our affiliates, or any third party.
VII. Password Security
You are solely responsible for the security of your username and password, and for any use of the Services using your username and password. You should not share your username or password with any third party or allow any third party to access the Services using your username and password. You agree to notify Us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time.
VIII. Website and Third-Party Content
The Services may provide links to third-party content. You acknowledge and agree that We are not responsible for the availability of such third-party content, and We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.
IX. Disclaimer of Warranties; Limitation of Liability
Your use of the Services is at your own risk. The Services are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Services or any third-party sites linked to or from the Services, or that the functions provided will be uninterrupted, virus-free, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Services or any third-party sites linked to or from the Services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
In no event will We, or Our parents, subsidiaries, affiliates, licensors, suppliers and their directors, officers, affiliates, subcontractors, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, loss of data privacy, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that your sole remedy for any claim arising out of or connected with the Services will be to cease using the Services.
X. Subscriptions; Refund Policy
Unless otherwise stated on our Website, subscriptions to the Services (“Subscription”) are monthly and automatically renew at the end of the Subscription. We offer a full 30-day refund if requested within the first 30-days of you joining the membership. Multi-month Subscription packages are still monthly Subscriptions in regard to refunds but may be billed in a single up-front payment for the entire package. You authorize Us to renew charge any payment methods on file at the end of a Subscription for the next upcoming Subscription only. We strive to give you the best Services possible but success in learning to play the piano cannot be guaranteed. For this reason, refunds for Subscriptions that have already occurred cannot be processed. Refunds for multi-month Subscription packages are refundable in part or whole, for both occurred and un-occurred subscriptions, in our sole discretion.
You agree to indemnify, defend and hold Us and Our parents, subsidiaries, affiliates, licensors, suppliers and their directors, officers, affiliates, subcontractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as We reasonably request.
XII. Choice of Law and Forum
You agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of the Maine without regard to principles of conflicts of laws. You agree that any claim or dispute against Us arising out of or relating to the Services must be resolved by a federal district court located in Maine, unless agreed upon by all parties.
These Terms constitute the entire agreement between you and Us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that reflects, to the maximum extent possible by law, the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Us as a result of these Terms or your access to and use of the Services.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive Our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of Our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Us with respect to such use.