Last modified September 10, 2014
- No Endorsement. The Service and the entire contents of the Service (including without limitation, material on the Service’s blogs, member communities, and learning center and material created via the Service) (the “Content”) is provided for informational purposes only. Any information provided to you by MUSIC SCHOOL CENTRAL as a result of your participation in the Service is being provided to you solely for your educational and informational benefit. In creating the Content, including without limitation any rankings, MUSIC SCHOOL CENTRAL relies on third-party sources that MUSIC SCHOOL CENTRAL has not vetted. Your reliance on the Service or the Content is at your own risk. MUSIC SCHOOL CENTRAL does not endorse or warranty any educational or product, service, opinion, or other information that may be referenced on or through the Service.
- Access to the Service.
3.1. Subject to your acceptance of and compliance with this Agreement, MUSIC SCHOOL CENTRAL grants to you a non-exclusive, non-transferable, revocable limited license to use the Service for your personal non-commercial use. You agree not to use the Service for any other purpose, or to download, save, copy or distribute the Content except as specifically allowed in this Agreement.
3.2. MUSIC SCHOOL CENTRAL may change, modify, suspend, or discontinue any aspect of the Service at any time. MUSIC SCHOOL CENTRAL may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability.
3.3. You agree to be bound by any application- or content-specific rules published within the Service.
3.4. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of MUSIC SCHOOL CENTRAL’s copyrights in and to the Service. MUSIC SCHOOL CENTRAL reserves the right to terminate your access to the Service without notice if you violate this Agreement or for any reason at MUSIC SCHOOL CENTRAL’s discretion.
3.5. The Service is intended for individuals at least 13 years old. If you are under the age of 13 you are prohibited from using the Service. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to be bound by this Agreement on your behalf.
- Registration and Subscription. At this time, there is no subscription cost to be able to participate on or use the Service.
- Ownership of Intellectual Property.
5.1. Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by MUSIC SCHOOL CENTRAL and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. MUSIC SCHOOL CENTRAL and the MUSIC SCHOOL CENTRAL logos are trademarks of MUSIC SCHOOL CENTRAL and may not be used without the express written permission of MUSIC SCHOOL CENTRAL.
5.2. You do not acquire any ownership rights by using the Service or downloading material from or uploading material to the Service.
5.3. You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of MUSIC SCHOOL CENTRAL.
5.4. You hereby grant to MUSIC SCHOOL CENTRAL an unlimited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free license, with unlimited sublicensing rights, to use all comments, feedback, blog or forum statements, suggestions, ideas, and other submissions disclosed, submitted, or offered to MUSIC SCHOOL CENTRAL in connection with your use of the Service, including without limitation by email to MUSIC SCHOOL CENTRAL (collectively, “Submissions”) in any manner whatsoever MUSIC SCHOOL CENTRAL may desire, including, but not limited to, to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised. Without limitation of the foregoing, you agree that unless otherwise prohibited by law MUSIC SCHOOL CENTRAL may use, sell, exploit, disclose, revise, and delete the Submissions in any manner, including any public manner, without restriction, without compensation to you, and with or without identifying you as the creator of the Submissions. You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity.
5.5. Community Areas. If you use a community area of the Service, such as blogs, forums, or other public areas or member communities, you are solely responsible for your own Submissions, the consequences of posting your Submissions, and your reliance on any information in the community areas or other areas of the Service. Any information you share, including without limitation any discussions with others, in any online community area is by design open to the public and is not private. In the event that you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. The MUSIC SCHOOL CENTRAL Parties (as defined herein) reserve the right to, but shall not be obligated to, record any dialogue or exchanges in the community areas of the Service. The MUSIC SCHOOL CENTRAL Parties shall have no responsibility for any actions taken, or failures to take action, with respect to the community areas of the Service or any Submissions. As with any public forum on any website, the information you post may show up in third-party search engine results.
- Usage Rules. As a condition of your use of and access to the Service, you agree to comply with any application- or content-specific rules published within the Service as well as the following usage rules, which are provided as an example rather than as a limitation. You agree that your activities on the Service will not:
(b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
(c) use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
(d) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
(e) cover or obscure any notice, banner or advertisement on the Service;
(f) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(g) sell the Service or any part thereof including but not limited user accounts and access to them in exchange for real currency or anything of value; violate any applicable law;
(h) harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing Submissions;
(i) infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
(j) be obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or cause embarrassment to any other person as determined by MUSIC SCHOOL CENTRAL in its sole discretion;
(k) further any chain letters or pyramid schemes;
(l) deliberately mislead anyone as to your identity, impersonate another, or falsely identify the source of any Submissions;
(m) allow another person or entity to use your identity in order to access the Service or post or view Submissions;
(n) post the same Submission more than once, transmit unsolicited messages, or engage in “spam”;
(o) engage in conduct deemed by MUSIC SCHOOL CENTRAL to be in conflict with the spirit or intent of the Service, including without limitation, by disrupting the flow of dialogue in a public area, posting comments that are not related to the topic being discussed, restricting any other user from using or enjoying the Service, or exposing MUSIC SCHOOL CENTRAL or another to any liability or detriment of any kind; or
(p) violate the terms of service of Facebook, Twitter, or other online channel by which you access the Service.
- Child Online Protection Act Notification. Pursuant to 47 U.S.C. § 230(d) as amended, MUSIC SCHOOL CENTRAL hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available on the websites StaySafeOnline (http://staysafeonline.org/stay-safe-online/), GetNetWise (http://kids.getnetwise.org/), and OnGaurdOnline (http://www.onguardonline.com/). Please note that MUSIC SCHOOL CENTRAL is not affiliated with the above listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.
- Disclaimers; Limitations; Waivers of Liability.
9.2. THE MUSIC SCHOOL CENTRAL PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY.
9.3. MUSIC SCHOOL CENTRAL DOES NOT ENDORSE OR WARRANTY PRODUCT, SERVICE, OPINION, OR OTHER INFORMATION THAT MAY BE REFERENCED ON OR THROUGH THE SERVICE. THE SERVICE HEREUNDER IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY.
9.4. THE MUSIC SCHOOL CENTRAL PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE MUSIC SCHOOL CENTRAL PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, UNDER NO CIRCUMSTANCES WILL THE MUSIC SCHOOL CENTRAL PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID MUSIC SCHOOL CENTRAL IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
9.5. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE 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 SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
- Release. You forever release, discharge, and covenant not to sue the MUSIC SCHOOL CENTRAL Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the MUSIC SCHOOL CENTRAL Parties, or otherwise, in connection with your use of the Service or your interaction with any party through or as a result of the Service. In other words, you agree that you cannot sue the MUSIC SCHOOL CENTRAL Parties if anything happens to you or your property in connection with your use of the Service or your interaction with any party through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
- Indemnification. You agree to defend, indemnify and hold harmless the MUSIC SCHOOL CENTRAL Parties from and against all liability, claims, actions, and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
- Objectionable Content/Copyright Takedown: If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply:
Copyright Policy: It is MUSIC SCHOOL CENTRAL’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on this Service contain infringements, please send a notice to the individual and address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has 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 notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MUSIC SCHOOL CENTRAL will also terminate a subscriber’s account if a subscriber is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should email your infringement claim (or other complaints), is Bill Zuckerman, whose web email is Music School [email protected]
- Governing Law/Waiver of Injunctive Relief.
14.1. This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the United States and the Commonwealth of Massachusetts governing contracts entered into and to be fully performed in Massachusetts (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Boston, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts.
14.2. You acknowledge that the rights granted and obligations made hereunder to MUSIC SCHOOL CENTRAL are of a unique and irreplaceable nature, the loss of which will irreparably harm MUSIC SCHOOL CENTRAL and which cannot be replaced by monetary damages alone so that MUSIC SCHOOL CENTRAL will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
14.3. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and MUSIC SCHOOL CENTRAL agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Music School [email protected] with the subject line reading ATTENTION: LEGAL DEPARTMENT.
14.4. If you and MUSIC SCHOOL CENTRAL are unable to resolve a Dispute through informal negotiations within 30 days, either you or MUSIC SCHOOL CENTRAL may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS websitewww.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and MUSIC SCHOOL CENTRAL may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
14.5. You and MUSIC SCHOOL CENTRAL agree that any arbitration will be limited to the Dispute between MUSIC SCHOOL CENTRAL and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
14.6. You and MUSIC SCHOOL CENTRAL agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or MUSIC SCHOOL CENTRAL’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
15.1. The failure of MUSIC SCHOOL CENTRAL to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under them will not be construed as a waiver or relinquishment of MUSIC SCHOOL CENTRAL’s right to assert or rely upon