These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
The content and information on this site is owned and operated by Online Music Education JSC. You are not permitted to copy or use any page, text, image or other digital asset of this site without the express permission of Online Music Education JSC. Furthermore, you are not permitted to:
- Edit or otherwise modify any material on the website
- Republish material from this website (including republication on another website)
- Show any material from the website in public
- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
- Redistribute material from this website (except for content specifically and expressly made available for redistribution)
- Sell, rent or sub-license material from the website
Subject to certain limitations as described herein, you are granted the right to access our lessons, text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Service Content”) under certain terms and conditions as set forth in this Agreement.
Some of the Services are not compatible with all mobile devices and computers. You shall be solely responsible for procuring a compatible device if you wish to use any of the Services offered by us. In order to use the Services, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to access the Service Content. Please note that the download and use of software content may be subject to an additional license agreement.
Subject to your acceptance of these Terms and your compliance with them, Online Music Education JSC grants you a limited, non-exclusive, non-transferable license to use and display the Services and related software and any other Service Content for, unless otherwise stated. You further agree that you will not, and will not attempt to, copy or distribute the content of the Services to any other person unless specifically permitted by Online Music Education JSC. Your license to use the Services and related software(s) is automatically revoked if you violate these Terms.
Online Music Education JSC reserves the right to modify the license granted in this section and the restrictions described in these Terms, including, without limitation, by charging fees therefor and/or making certain features available that may invite you to use the Service Content in a manner not described in these Terms. However, changes in pricing or fees will be announced on this website and you will be notified by email if any changes in pricing occur, or additional fees are charged to your account. Online Music Education JSC may add, change, discontinue, remove or suspend any of the Service Content at any time, without notice and without liability.
INFORMATION COLLECTION AND USE
CHANGE OF TERMS
Online Music Education JSC reserves the right to change or modify these Terms at any time. Please review them frequently. Online Music Education JSC reserves the right, at any time, to:
- Add, change or discontinue the Services, or any aspect or feature of the Services, including, but not limited to, content, financial terms availability and equipment needed for access or use
- Impose, change or modify its terms and conditions applicable to your use of the Services, or any part thereof; and/or to impose, change or modify the terms and conditions of these Terms (“Changes”).
- Such Changes shall be effective immediately upon notice by posting the Changes on Sites or by any other method of notice we deem appropriate (including email).
ACCOUNT SECURITY AND INFORMATION
You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process (collectively “Registration Data”). You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services, as applicable. Once registered for the Services, you shall receive a unique user ID and password in connection with your account. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed. You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party.
You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Online Music Education JSC by phone or email of any unauthorized use of your account. Online Music Education JSC reserves the right to suspend or terminate your account at any time and for any reason.
The Services may contain links to third-party websites or resources. Online Music Education JSC assumes no responsibility for such third-party services and/or content in third-party services and does not endorse the related content, products, or services. Further, such third-party websites or resources may be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services.
You are solely responsible for your use of any such websites or resources and you agree to access external locations at your own risk. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
You agree that Online Music Education JSC shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location and you hereby irrevocably waive any and all claims related thereto against Online Music Education JSC.
Unless otherwise specified in writing on the Services, all materials that are part of the Services (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Services; the compilation, assembly and arrangement of the materials of the Services; and all other Service Content are owned, controlled or licensed by Online Music Education JSC and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
Any communications or materials you transmit to Online Music Education JSC as part of the Service, by an application, website, e-mail or otherwise including, without limitation, data, questions, comments, ideas, images, videos, writings, music, sounds, audio visual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message postings, will be treated as non-confidential and nonproprietary. The Services may invite you to participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity, to create, submit, post, display, transmit, perform, publish, distribute, broadcast, and comment on content and materials to Online Music Education JSC and/or to or via the Services, including, without limitation, text, writings, compositions, notes, videos, photographs, videos, graphics, comments, suggestions or personally identifiable information or other material (collectively, excluding Service Content , “User Content”).
Representations and Warranties
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit, publish and share the User Content you submit, including the right to grant all of the rights and licenses in these Terms without Online Music Education JSC incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you. You shall be solely responsible for the User Content and the consequences of submitting, publishing, and sharing the User Content on the Service.
You retain all of your ownership rights in the User Content you submit and/or share with Online Music Education JSC. However, by submitting and/or sharing the User Content with Online Music Education JSC, you hereby grant to Online Music Education JSC a sublicensable, transferable, worldwide, and royalty-free non-exclusive license in the User Content. Online Music Education JSC can use, reproduce, distribute, prepare derivative works of, display, and perform all or any portion of the User Content, in connection with the Services, and other services and products, of Online Music Education JSC (and its successors and affiliates), including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
You also grant to Online Music Education JSC the right to sub-license and authorize others to exercise any of the rights granted to Online Music Education JSC under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Online Music Education JSC under these Terms. Without limiting the generality of the foregoing, you authorize Online Music Education JSC to publish your User Content in a searchable format that may be accessed by users of the Services and in the internet. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Services and under these Terms.
Unsolicited Idea Submission Policy
You further agree that Online Music Education JSC is free to use any ideas, information, concepts, know-how or techniques contained in any User Content you submit in Services or send to Online Music Education JSC, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, and without remuneration of any kind.
If you discover any content in the Service that you believe infringes your copyright (“Disputed Content”), please report this to Online Music Education JSC by phone or email. Contact information for Online Music Education JSC is available on this website.
POLICY REGARDING USERS WHO REPEATEDLY INFRINGE COPYRIGHT
If Online Music Education JSC discovers that you are loading and sharing copyrighted material to which you do not have the rights, your account may be subject to termination and such content will be removed from Online Music Education JSC’s servers.
As a user of the Services, you agree that your User Content, and your conduct on the Services will not:
- include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
- include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
- violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
In addition, your activities on the Services and in connection with the Service Content not:
- reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual
- attempt to impersonate any other party
- trick, defraud or mislead other users
- engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-tiered marketing scheme
- violate these Terms; or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Online Music Education JSC on the Services
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party’s uninterrupted use and enjoyment of the Services, the Service Content, the User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services, the Service Content or the User Content
- reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Services create to generate its web pages or any software or other products or processes accessible through the Services
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism
- except as may be the result of standard search engine or Internet browser usage, use or launch any automated system, including, without limitation, any spider, robot (or “bot”), scraper or offline reader that accesses the Services or use or launch any unauthorized script
- cover or obscure any notice, banner or advertisement on the Services;
- disguise the source of your User Content or other information you submit to the Services; and/or interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services or the Service Content.
Online Music Education JSC does not control or endorse the content, messages or information found in User Content portions of the Services or external sites that may be linked to or from the Services and, therefore, Online Music Education JSC specifically disclaims any responsibility with regard thereto.
You may access parts of Service(s) for free, and other services and products require payment of subscription and/or other fees. By choosing to access the paid content and making the payment you authorize us to charge your credit card or other approved payment method for all the costs and charges (including any additional payment processing fees which may be applicable) you incur by choosing to access the paid content. Fees may be based on one-time or renewing payments as more fully described in the Service. If you choose to sign up for an auto-renewable subscription you understand and authorize that your payment will automatically renew at the end of the subscription period, unless you cancel your subscription before the end of the current subscription period, and give permission for such billing transactions to take place. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you or by anyone that has used your account(s), including your family members or friends. Please note that we may use a third-party payment processor to facilitate your payments. If you make a purchase through a third party application store, including but not limited to the Apple iTunes Store or Google Play Store, or through our Mac, iPhone, iPad applications your purchase will be subject to such third party’s applicable payment policy.
To access the paid-for parts of Service(s), you must provide valid and accepted payment information. If the payment information provided by you is declined for payment of your subscription and/or other fees, you must provide us new eligible payment information promptly or your access to the paid content may be suspended. The paid-for Service(s) begins as soon as the initial payment has been processed.
When you register for paid-for parts of our Service(s), including any services and products that require payment of subscription and/or other fees, you may be eligible for a trial period without payment or at a reduced rate. This may vary depending on promotions, type of subscription and the term you select at the time of purchase. We reserve the right, in our absolute discretion, to determine your eligibility for a trial. We may require you to provide your valid payment information to start the trial. Unless you cancel your paid subscription prior to the end of the trial period, after the end of the trial period your subscription for such paid-for parts of our Service(s) will automatically continue as a paid-for subscription billed on a recurring basis until you cancel your paid-for subscription (turn off automatic renewal from your account settings or via the Apple iTunes Store or the Google Play Store). If you cancel your paid-for subscription, then your account will only have access to those parts of our Service(s) that you may access for free.
Billing & Renewals
Our auto-renewable subscription plans may be billed as one payment for the term (e.g. 1, 3, 6 or 12 months) or in monthly installments charged every month for the duration of the term. The pricing and terms applicable to your subscription may vary depending on promotions, type of subscription and the term you select at the time of purchase.
All subscriptions renew automatically using the payment information you have provided for your account, and as such payment details are updated from time to time. When you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information for the renewal fee. If your subscription started with a promotion or trial at a reduced rate, your renewal rate may be higher than your initial rate. Auto-renewal of the subscriptions made on our site can be cancelled at any time before the renewal date from your account settings or by contacting our support. Cancelling auto-renewal of the subscriptions made on our mobile apps is bound to the terms and conditions and applicable payment policy the store operator (e.g. Apple Inc.) has set for the purchasing account.
In some cases, your payment billing dates or billing term of your subscription may change if your payment has not successfully settled on the original due date. We will inform you of the billing term change through email.
If you have registered for a paid-for subscription, you may however change your mind and receive a full refund of all monies paid within fourteen (14) days (the “Cooling-off Period”) from your subscription for such paid-for parts of our Service(s) provided that during that Cooling-off Period you have not at any time accessed our Service(s).
Our prices may change in the future. If the pricing for your subscription does change, we will notify you via email, and provide you an opportunity to review those changes to your subscription. Applying those changes to your account or charging your payment details in connection with an automatic renewal is subject to your approval of the changed pricing.
Except as specifically provided otherwise, any payments are always FINAL and NON-REFUNDABLE, however, without limiting the possibility of a refund (if any) from the application store (in accordance with the relevant terms and conditions applicable to purchases from that application store).
DISCLAIMER OF WARRANTIES
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND AN “AS AVAILABLE” BASIS, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Online Music Education JSC may distribute content supplied by third parties and users of the services and may provide links to external locations operated by third parties. All communication expressed or made available by third parties whatsoever, including, without limitation, by other users, is solely made by the respective author(s) or distributor(s), and Online Music Education JSC does not guarantee the accuracy, completeness or usefulness thereof, or its merchantability or fitness for any particular purpose; nor do they make any guarantee, endorsement or warranty with respect thereto.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT Online Music Education JSC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT Online Music Education JSC IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Online Music Education JSC LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL THE Online Music Education JSC BE LIABLE TO YOU, COLLECTIVELY, FOR MORE THAN THE AMOUNT YOU HAVE PAID TO Online Music Education JSC.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES.
You agree to defend, indemnify and hold harmless, Online Music Education JSC, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Services from and against all claims and expenses, including attorneys’ fees and costs, arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.
Online Music Education JSC shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Online Music Education JSC, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Online Music Education JSC’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You may terminate this Agreement by deleting your account and thereafter by ceasing to use the Services. If you have any subscription, and terminate this Agreement before the end of your such subscription, we are unable to offer any refund for any unexpired period of your subscription.
Online Music Education JSC may suspend your access to the Services and/or terminate this Agreement at any time if (i) you are deemed to be a repeat infringer as described above; (ii) in any way breach any provision of these Terms or related policies or guidelines; (iii) Online Music Education JSC elects at its discretion to cease providing access to the Services in the jurisdiction where you reside or from where you are attempting to access the Services, or (iv) in other reasonable circumstances as determined by Online Music Education JSC at its discretion.
Upon termination for any reason, you must cease all use of the Services. Your termination for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
We also reserve the right to delete your account with no active paid subscriptions if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any paid-for features associated with that account and no refund will be offered to you in relation to the same.
Online Music Education JSC reserves the right to discontinue any aspect of the Services at any time.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms will be governed by the laws of the United States of America without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to these Terms or the breach, termination or validity thereof shall be finally settled by court of law in the United States of America. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST Online Music Education JSC ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING