1. INTELLECTUAL PROPERTY
You acknowledge and agree that the Website, its images and content, and any software used in connection with the Website (collectively “Intellectual Property”) contain proprietary and confidential information that is protected legally. The name Ken Lewis, Audio School Online, Inc, the domain audioschoolonline.com, musicschoolonline.com, and all music, videos and other content that is presented by or featured on the Website are our exclusive intellectual property.
2. LICENSES AND RESTRICTIONS
Audio School Online, Inc grants you, the User, a personal, limited, non-transferable, non-exclusive right and revocable license to use the Intellectual Property on a single computer. Audio School Online further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the AudioSchoolOnline.com Site so long as the link does not portray Audio School Online, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. Except as we otherwise expressly authorize in or by a separate agreement, the foregoing licenses do not include any rights to:
- Modify, rent, lease, loan, sell (or re-sell), distribute or create derivative works based on the Intellectual Property, in whole or in part.
- Reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in the Intellectual Property
- Access the Intellectual Property by any means other than provided through the Website
- Use commercially the Audio School Online.com Site, the Content or any portion derivative thereof (unless User has a business relationship with Audio School Online);
- Copy or download any User’s account or profile information for the benefit of any third party;
- Enable high volume, automated, electronic processes that apply to the Audio School Online.com Site or its systems, the Content or any portion or derivative thereof;
- Use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Audio School Online.com Site or its systems, the Content or any portion or derivative thereof for any purpose;
- Interfere or attempt to interfere with the proper working of the Audio School Online.com Site
- Bypass any measures used by Audio School Online to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof;
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Audio School Online
- Use the Audio School Online name, trademarks, or logos in any meta tags or any other “hidden text” or
- Compile, repackage, disseminate or otherwise use data extracted from the Audio School Online.com Site.
The foregoing are expressly prohibited; you agree not to reproduce or use such property without our express written authorization (which may include a written agreement signed by an authorized representative of Audio School Online, Inc). Any unauthorized use of the Audio School Online.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Audio School Online.
3. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE AND THE INFORMATION PROVIDED ON IT IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE REFRAIN FROM MAKING ANY WARRANTY THAT (i) THE WEBSITE AND THE INFORMATION PROVIDED ON IT WILL MEET YOUR REQUIREMENTS; (ii) USE OF THE WEBSITE AND THE INFORMATION PROVIDED ON IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND THE INFORMATION PROVIDED ON IT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, DOWNLOADS, OR OTHER MATERIAL PURCHASED, DOWNLOADED OR OBTAINED WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE, THE INFORMATION PROVIDED ON IT OR ITS OPERATIONS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.
You agree that you have reached the age of majority in the state in which you live. If you have not reached that age, you hereby represent and warrant that you have the permission or authority of your parent or guardian to register your User Information with the Website. Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Minors are not permitted to use the Audio School Online website without the supervision of a parent or legal guardian.
5. TERMINATION OF USAGE
In certain cases, in Audio School Online’s sole discretion, Audio School Online may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the Audio School Online.com Site has been terminated including the right to use, access or create any account thereon; (ii) that Audio School Online refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
You agree to indemnify and hold us, Ken Lewis, Audio School Online, Inc., the Website, our owners, and our related entities, employees, officers, directors, agents, shareholders, partners and affiliates harmless from any and all claims and demands (including reasonable attorneys’ fees and court costs) made by any third party due to or arising from any questions, comments, letters, messages or requests that you submit, post, transmit or otherwise make available through the Website, breach of the representations and warranties above, use of the Website and the information provided on it, violation of the terms of this policy, and/or your violation of any rights of another.
7. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Audio School Online.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User’s computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Audio School Online account using an old e-mail address, such User will not receive messages from Audio School Online about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User’s Audio School Online account.
User consents to receive electronic communications from Audio School Online, whether addressed to the e-mail address associated with such User’s Audio School Online account or posted on the Audio School Online.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this Audio School Online.com Site satisfies any legal requirement that such communications be made in writing.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE AND OUR APPLICABLE ENTITIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, AND LICENSORS, INCLUDING WITHOUT LIMITATION KEN LEWIS AND AUDIO SCHOOL ONLINE, INC., SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, DOWNLOADED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.
11. CHOICE OF LAW AND FORUM
You agree that the laws of the State of New Jersey shall govern the terms and conditions hereof. You further agree that all differences or disputes related to these terms and conditions shall first be submitted to mediation. In the event litigation is necessary thereafter, the applicable state and federal courts of the State of New Jersey shall have full and exclusive jurisdiction over all disputes. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this policy shall be filed within one (1) year after such claim or cause of action arose or be forever barred.
We reserve the right to update these terms and conditions at our sole discretion without notice to you. If you do not agree to the terms and conditions above, you should not enter your User Information on the Website and/or “opt-out” of any registration or purchase opportunities related to the Website and/or its applicable Intellectual Property, Website content and/or merchandise.
© 2017 Audio School Online, inc.; All Rights Reserved.