TERMS OF SERVICE
Last updated: October 26, 2012
1. CHANGES TO THE TERMS OF SERVICE
We may change the Terms of Service at any time, as we reasonably deem appropriate. Upon any change in the Terms of Service, we will post the amended Agreement on the Site with notice of the changes and/or send you an email notifying you of the nature of the modifications and providing a link to the amended Agreement for your review. Your continued use of the Site or Services following any such posting or notification shall constitute your affirmative acknowledgement of the changes to the Terms of Service, and your agreement to abide and be bound by the Terms of Service, as amended. If at any time you choose not to accept the Terms of Service, including following any modifications hereto, then you agree not to access the Site or use the Services.
2. THE SITE AND THE SCHOOL
On or through the Site, you may be able to purchase and schedule interactive private music lessons (“Lessons”) with a professional instructor of your choice (the “Instructor”) and thereafter, partake in the Lessons you elected to purchase through the School, which operates via the Skype® internet communication platform (“Skype”). In order to participate in Lessons and receive related Services, you must register for a Skype account and download the Skype application. In addition to these Terms of Service, any and all use of Skype is subject to the Skype policies (accessible at http://www.skype.com/intl/en-us/legal/ and expressly incorporated herein). A limited amount of the content and Services may be viewable without registering with us, but to access the majority of the Site and actively partake in the Services, you must register as a Wifi Music member (“Member”).
We may from time to time offer new or different Services or discontinue or suspend one of the existing Services, or otherwise alter the constitution of the School. Information about such changes will be included on the Site, and use of Services thereafter will be governed by the Terms of Service. You agree that Wifi Music will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
3. MEMBERSHIP AND REGISTRATION
4. YOUR RESPONSIBILITIES
You are responsible for all use of the Services by you as well as by others to whom you have given your Credentials. You may access and use the Site, School and Services for lawful purposes only. You may not use the Site, School or Services in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other Members' use or enjoyment of the Site, School or Services. You may not attempt to gain unauthorized access to the Site, School, Services, Member accounts or Wifi Music computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
- copy, modify, adapt, translate, or reverse engineer any portion of the Site or Services;
- remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through the Site, School or Services or in any content or other material obtained via the Site, School or Services;
- use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site or Services;
- reformat or frame any portion of the web pages that are part of the Site, School or Services;
- create Member accounts by automated means or under false or fraudulent pretenses;
- provide or use tracking or monitoring functionality in connection with the Site, School or Services, including, without limitation, to identify other Members’ actions or activities;
- impersonate or attempt to impersonate Wifi Music, an Instructor, a Wifi Music employee, administrator or moderator, another Member, or any other person or entity; or
- collect or store personal data about other Members in connection with the prohibited activities described in this paragraph.
We may take any legal action and implement any technical remedies we deem appropriate to prevent the violation of this provision and to enforce the Terms of Service.
5. PROPRIETARY CONTENT
All of the content and materials available on or through the Site and/or School, including without limitation, text, photographs, graphics, images, audio, video and/or software, is owned by us or a third party (“Proprietary Content”), and is protected, as applicable, by copyright, trademark, patent, and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Site, School and any underlying technology or software used in connection with the Services contain Proprietary Content. Except as expressly permitted herein, we give you permission to use Proprietary Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site or Services. Except as expressly permitted herein, you may use Proprietary Content for your own convenience, but you may not exploit any Proprietary Content, the Site or the School or Services, in whole or in part, for any commercial gain or purpose whatsoever, and Wifi Music does not grant you any express or implied rights in any Proprietary Content, the Site, the School and/or any Services, and all rights not expressly granted to you in the Terms of Service are retained by owner therof, as applicable.
6. MEMBER CONTENT
As part of the Services, we may offer Members the opportunity to upload, submit, post, publish, communicate, display, distribute and/or transmit text and/or audiovisual works featuring their likenesses, voices, usernames, appearances, and/or performances on or through the Site or in connection with the School (hereinafter, “Member Content”). We are not responsible for any Member Content. Likewise, by accepting or allowing you to provide Member Content, Wifi Music is not obligated to use, display or make available to the public Member Content, and we reserve the right not to do so for any reason in our sole discretion.
- You are solely responsible for your Member Content.
- You may not post, distribute, perform, transmit or reproduce in any way any material subject to copyright, trademark or other third party intellectual property, publicity, privacy or proprietary rights without obtaining the prior written consent of the owner of such third party proprietary rights.
- Member Content may not otherwise be unlawful, in whole or in part, or promote or encourages illegal activity.
- You understand and agree that Wifi Music may but is not obligated to monitor or review any Member Content.
Wifi Music makes every effort to ensure that no inappropriate, obscene, slanderous or otherwise harmful content appears on the Site or is broadcast or transmitted in connection with the School, and the following is a partial list of the kind of content and communications that are illegal or prohibited. Wifi Music reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, terminating the membership of and blocking access by such violators, and /or reporting such activities to law enforcement authorities. Prohibited content includes, but is not limited to content that, in the sole discretion of Wifi Music:
- is false or intentionally misleading;
- involves the transmission of unsolicited mass mailing or “spamming”;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature;
- contains profanity, nudity, violence, obscene language or is otherwise patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- solicits or is designed to solicit personal information from anyone under 18;
- publicly posts information that poses or creates a privacy or security risk to any person;
- solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Members;
- includes a portrayal of another person without that person's consent or the legal capacity to consent;
- violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
7. COPYRIGHT DISPUTE POLICY
Wifi Music respects the intellectual property of others, and requires that our Members do the same. You may not reproduce, display, perform, post, publish, broadcast, disseminate, transmit or otherwise make available, any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Wifi Music’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.
If you believe your work has been exploited on/through or in connection with the Site, School or Services in a way that constitutes copyright infringement, please send the Wifi Music Copyright Agent a notification of claimed infringement with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (providing the URL(s) of the claimed infringing material satisfies this requirement);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
- your physical or electronic signature. Wifi Music’s Copyright Agent for notification of claimed infringement can be reached as follows: firstname.lastname@example.org
Applicable sales and/or use tax will be charged on all order totals, purchased by residents of the State of New York.
9. PAYMENT AND BILLING
In connection with all Lessons that you select to purchase on/through the Site, payment in is due and payable to Wifi Music immediately upon sale and shall be remitted by entering a valid credit or debit card number, expiration date and CVV code, along with your name exactly as it appears on the card and the associated billing address and/or a valid PayPal® account number and password. Wifi Music currently reserves the right to add or delete acceptable payment methods at any time. By providing your credit/debit card or PayPal® information, you authorize Wifi Music to immediately debit your account for the total cost of your order (inclusive of associated taxes, if any) and agree to be responsible for payment in full of all related charges. Furthermore, you warrant and represent that all payment information you provide to Wifi Music is true, correct and complete. All orders are subject to payment verification.
10. OUR CANCELLATION AND REFUND POLICY
In the event you ever need to cancel a future Lesson, you must contact us to so cancel no less than twenty four (24) hours prior to the scheduled start time of said Lesson or you forfeit all Fees remitted in connection therewith. To cancel an appointment, login to your account, view your upcoming lessons, and select ‘Cancel’ on the relevant lesson. Should the Instructor ever need to cancel in advance of your scheduled Lesson, we will use our best efforts to notify you of such cancellation in advance and to provide instructions on rescheduling your Lesson; should you decline to reschedule, we will credit your account for the Lesson fee. However, we will not refund any Lesson fees, or portion thereof, and you are not entitled to consideration of any kind in connection with Services actually received, on the basis of your dissatisfaction with the Instructor, the Lesson, the School or otherwise.
11. INTERNATIONAL USE
We control and operate the Site and School from the United States, and all information is processed within the United States. We do not represent that materials on the Site or through the Services are appropriate or available for use in other jurisdictions. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site or School Services. Accessing the Site from territories where illegal is expressly prohibited.
12. DISCLAIMER OF WARRANTIES
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY INSTRUCTORS OR OTHER MEMBERS OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE OR SCHOOL. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WIFI MUSIC MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR SCHOOL OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WIFI MUSIC DOES NOT WARRANT THAT THE SITE OR THE SCHOOL WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
13. GENERAL LIABILITY LIMITATIONS
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR IN CONNECTION WITH THE SCHOOL, LESSONS OR SERVICES; OR (B) TWO HUNDRED DOLLARS ($200.00). IN NO EVENT SHALL WIFI MUSIC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SCHOOL, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF WIFI MUSIC OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We may terminate and/or suspend your Membership and access to the Site and Services immediately, without notice, if there has been a violation of the Terms of Service or of any other policies or terms posted on the Site by you or by someone using your Credentials. In the event your membership is terminated under such conditions, we will not render, you are not entitled to and hereby waive any and all right to receive a refund of Fees or portion thereof paid to Wifi Music, if any. Notwithstanding any other provisions contained herein, we may also cancel or suspend your membership for any other reason, including without limitation inactivity for an extended period, but we will attempt to notify you in advance of such cancellation or suspension. Wifi Music shall not otherwise be liable to you or any third party for any termination of your access to the Site or Services. Further, you agree not to attempt to use the Site or Services after any deletion, deactivation or termination of your membership. You may terminate your Wifi Music account at any time by contacting us at the address at the end of these Terms of Service; provided however, that voluntary termination shall in no way relieve you of your responsibility to remit payment in full for all purchased Lessons, if any, or entitle you to a refund of any other Fees previously remitted to Wifi Music. The provisions of Sections 5, 7, 12-17 and 19 will survive any termination.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our members, employees, contractors, officers, agents, other affiliated companies, customers and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of the Terms of Service by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
16. CHOICE OF LAW AND DISPUTE RESOLUTION
The Terms of Service shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and performed entirely within New York, without giving effect to any conflicts of law statutes. Any controversy, dispute or claim arising out of or related to the Terms of Service, the Site or the School Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of New York, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one (1) arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and for an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary damages and attorney’s fees, as the arbitrator deems appropriate.
17. ENTIRE AGREEMENT
We may assign the Terms of Service at any time to any parent, subsidiary or affiliated company or as part of the sale to, merger with, or other transfer of Wifi Music to another entity. You may not assign, transfer or sublicense the Terms of Service to anyone else and any attempt to do so shall be null and void.
You must be eighteen (18) years of age or older, or of legal age to form a binding contract in your jurisdiction if that age is greater than eighteen (18) years of age, to register with us or use the Site or Services. If you are under the age of eighteen (18) or the applicable legal age in your jurisdiction, you can use the Site and Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein or are using the Site and/or Services under the supervision of your parent or guardian. The Site is administered in the United States; any use outside of the United States is at your own risk and you are responsible for compliance with any local laws applicable to their use of the Services or Site.
Copyright © 2011 Wifi Music, LLC. All rights reserved.
If you have any questions, please contact us by email at: email@example.com or by phone at: 347.746.1805