Last updated: September 23, 2020
If you disagree with any part of the terms, then you do not have permission to access the Service.
You are responsible for making all arrangements necessary for you to have access to the Website including obtaining communication services, computer equipment and other products or services necessary to access and use the Site. You shall be responsible for all charges associated with accessing and maintaining a connection to the Site including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.
We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
When registering with or applying to The Company you must provide accurate, complete, and current registration information and you agree to provide The Company with any updates to that information promptly after such changes occur.
Individual access to the Site are available only to persons who are at least 18 years of age. Minors may receive access keys or user id/passwords only in conjunction with an authorized adult’s access. Your right to use the Site is personal to you and cannot be transferred to any other person.
Charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on “Account Settings” within the Dashboard, available on the Audio School Online website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
The Website and its entire contents, features and functionality, including but not limited to, all information, articles, memoranda, bulletins, reports, press releases, opinions, text, displays, directories, guides, images, illustrations, video and audio, trademarks, trade names, logos, and the design, selection and arrangement thereof (collectively known as the “Content”) are and will remain the exclusive property of Audio School Online, its licensors or other providers of such material, and are protected from unauthorized copying and dissemination by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and international conventions. This Policy permits you to use the Website for your non-commercial use only. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of The Company or such third party that may own the trademark or copyright of material displayed on this Site. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (a) You may store files that are automatically cached by your Web browser for display enhancement purposes; (b) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (c) if we provide social media features at any time, you may take such actions as are enabled by such features.
You may not: (a) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (c) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
You may use the Website only for lawful, non-commercial purposes and in accordance with this Policy.
When you create an account or make a purchase with us, you guarantee that:
• You are of legal age to form a binding contract with the Company.
• You will provide us accurate and complete information and you will maintain current information at all times.
• You represent and warrant that:
(a) You have the legal right to use any credit card[s] or other payment methods in connection with any purchase.
(b) The information you supply to us is true, correct and complete;
• You will not use the Website in any way that violates any applicable local or international law or regulation.
• You will not send, knowingly receive, upload, download, use or re-use any material that does not comply with the ‘Content Standards’ (defined below).
• You will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
• You will not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website.
• You will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this policy.
• You will not introduce any viruses, worms, logic bombs or other material that is malicious or technologically harmful or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network.
• You will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company.
• You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.
• You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.
• You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
• You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
• You may not use as a username any name that is offensive, vulgar or obscene.
We may provide interactive services such as ‘share’ features (collectively, “Interactive Services”) that allow users an opportunity to post, submit, publish, display or transmit to other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in this Policy.
Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. By providing a User Contribution, you grant the Company and its successors the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You promise that you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against the Company for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.
If you provide a User Contribution to be transmitted to other users of the Website or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website or any third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
User Contributions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
The comments, activities and message boards may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity.
These content standards apply to all User Contributions and use of Interactive Services, if offered. User Contributions must in their entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Contributions must:
• Be kind – No defamatory, obscene, threatening, indecent, abusive, offensive, inappropriate, harassing, slanderous, libelous, violent, hateful, inflammatory, fraudulent, or otherwise objectionable language, behavior or photos.
• Be clean – Do not promote sexually explicit, vulgar, profane, or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Be lawful – Do not violate or infringe the rights of others including without limitation any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party; do not infringe the legal rights (including the right of publicity and privacy) of others or post any material that could give rise to any civil or criminal liability under applicable laws; do not promote any illegal activity, or advocate, promote or assist any unlawful act.
• Be decent – Do not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. Do not use any personally identifiable information, or other information which might be used to identify or locate a user.
• Be truthful – Do not impersonate any person, or misrepresent your identity or affiliation with any person or be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity.
• Be respectful – Do not communicate using spam or solicit or post commercial advertising or in any way intend to promote or generate revenue for any third party business activity; this includes repetitive or irrelevant content.
We have the right, but not the obligation, to review, screen or edit any User Contribution. You accept that such contributions do not reflect the views of Company and are not endorsed by the Company.
The Company does not represent or endorse the accuracy or reliability of any Users’ Content displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any subscriber, information provider or any other third party. The Company expressly disclaims any liability related to Users’ Content, and you acknowledge that any reliance upon such Subscriber Content shall be at your sole risk.
Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Audio School Online shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT MAKE ANY STATEMENTS REGARDING THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS AND “AS AVAILABLE” BASIS. NEITHER THE COMPANY, NOR THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, OR ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE SECURITY, RELIABILITY, QUALITY, AVAILABILITY AND PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. MUSIC SCHOOL ONLINE AND ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS, OR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS DO NOT WARRANT THAT a) THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; b) ANY ERRORS OR DEFECTS WILL BE CORRECTED; c) THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR d) THAT THE WEBSITE OR ITEMS CONTAINED THROUGH THE WEBSITE OR SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES The Company, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. THE COMPANY RESERVES THE RIGHT TO CHANGE OR UPDATE INFORMATION AND TO CORRECT ERRORS, INACCURACIES, OR OMISSIONS AT ANY TIME, WITHOUT PRIOR NOTICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES, NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS THE SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (c) ANY CONTENT OBTAINED FROM THE SERVICE; AND (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF The Company, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
We may terminate, restrict or suspend your account and bar access to all or any part of the site or the Service at any time, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. We are under no obligation to refund any portion of fees paid for any product or service.
The Company may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with The Company’s defense of such claim.
You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause the Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the Company may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and the Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the Company may be entitled at law or in equity.
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions. You agree and accept that any legal action or proceeding shall be brought in the federal or state courts for the State of New Jersey, and you expressly waive any objection to personal jurisdiction, venue or forum non conveniens.
If the Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under this Policy, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by the Company of any default will constitute a waiver of any subsequent default, and no waiver by the Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Software, functionality, and/or features (collectively, “Service Functionality”), that may be available on or through the Website from time-to-time, are subject to United States Export Controls. No Service Functionality from the Website may be downloaded or exported (i) into (or to a resident of) Iraq, Cuba, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using any Service Functionality, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Although the Website may be accessible worldwide, we make no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
As we continue to develop our business, we might undergo a change of ownership such as a merger and/or a sale of all or substantially all our assets. In such transactions, user information generally is one of the transferred business assets, and by submitting any data or contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such parties in these circumstances. However, any party purchasing our assets will be subject to an obligation to maintain the integrity of your personally identifiable information.
These Terms constitute the sole and entire agreement between you and the Company with respect to the subject matter hereof and the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, between the parties with respect to the such subject matter and the Website.