Agreement Between User and Livemusictutor.com
Welcome to livemusictutor.com. The livemusictutor.com website (the “Site”) is comprised of various web pages operated by Live Music Tutor, Inc. Livemusictutor.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of livemusictutor.com constitutes your agreement to all such Terms and conditions. Please read these terms carefully, and keep a copy of them for your reference.
Live Music Tutor is an innovative method to receive and deliver music lessons. Whatever your instrument, Live Music Tutor provides a comprehensive learning environment: from woodwinds to brass; from percussion to strings-even voice! We are a company created to address common obstacles to learning, such as cost, location and convenience. Whether you desire a formal training curriculum or would just like to learn a song or two, Live Music Tutor’s instructional platform will exceed your expectations. Live Music Tutor brings music instruction into the twenty first century with streaming live instruction over web cam. We give everyone the ability to learn any instrument they desire without needing to leave the comfort of your own home or a place of your choosing. Through our custom social networking interface we are developing the world’s largest platform catered specifically to musicians of any age or any experience level. The classes can be taken individually or can be scheduled as a part of a group of students in a virtual classroom.
Privacy
Your use of livemusictutor.com is subject to Live Music Tutor, INC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting livemusictutor.com or sending emails to Live Music Tutor, INC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Live Music Tutor, INC is not responsible for third party access to your account that results from theft or misappropriation of your account. Live Music Tutor, INC. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Live Music Tutor, INC collects personally identifiable information from the parents or guardians of children under the age of thirteen. Live Music Tutor, INC see LMT privacy statement for the reasons LMT collects this information and restrictions on LMT’s use of such information.
We provide information about our personal data practices for children on our home page and wherever we knowingly collect personal data from children on our Web site. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, or COPPA compliance please contact us using the information provided at the end of this Agreement. If you are under 18, you may use livemusictutor.com only with permission of a parent or guardian.
Live Music Tutor recommends that students and instructors do not exchange phone numbers, addresses or other personal information as the platform is designed for all appropriate interaction between instructors and students. Live Music Tutor will not be responsible for personal information exchanged by instructors and students.
Cancellation/Refund Policy
We understand that cancellations or schedule changes are sometimes inevitable. The following policies are necessary to insure a positive experience for our customers. Students may cancel a lesson up to 24 hours in advance of its scheduled time with no charge. Lessons cancelled less than 24 hours before the scheduled time may be charged at the normal rate. The instructor may approve a refund for a lesson that is cancelled by the student with less than 24 hours’ notice. If a refund is applicable a processing fee of 10% may apply. All instructor approved refunds are subject to approval by Customer Service. Approved refunds are subject to a 10% processing fee.
Links to Third Party Sites/Third Party Services
Livemusictutor.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Live Music Tutor, INC and Live Music Tutor, INC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Live Music Tutor, INC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Live Music Tutor, INC of the site or any association with its operators.
Certain services made available via livemusictutor.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the livemusictutor.com domain, you hereby acknowledge and consent that Live Music Tutor, INC may share such information and data with any third party with whom Live Music Tutor, INC has a contractual relationship to provide the requested product, service or functionality on behalf of livemusictutor.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use livemusictutor.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Live Music Tutor, INC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Live Music Tutor, INC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Live Music Tutor, INC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Live Music Tutor, INC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Live Music Tutor, INC or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Live Music Tutor, INC has no obligation to monitor the Communication Services. However, Live Music Tutor, INC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Live Music Tutor, INC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Live Music Tutor, INC reserves the right at all times to disclose any information as necessary to satisfy any applicable laws, regulations, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Live Music Tutor, INC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Live Music Tutor, INC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Live Music Tutor, INC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Live Music Tutor, INC spokespersons, and their views do not necessarily reflect those of Live Music Tutor, INC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Livemusictutor.com or Posted on Any Live Music Tutor,Inc. Website
Live Music Tutor, INC does not claim ownership of the materials you provide to livemusictutor.com (including feedback and suggestions) or post, upload, input or submit to any Live Music Tutor, INC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Live Music Tutor, INC, our affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Live Music Tutor, INC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Live Music Tutor, INC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Live Music Tutor, INC account to third party accounts. By connecting your Live Music Tutor, INC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Live Music Tutor, INC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Live Music Tutor, INC Content accessed through livemusictutor.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Live Music Tutor, INC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Live Music Tutor, INC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Live Music Tutor, INC in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LIVE MUSIC TUTOR, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LIVE MUSIC TUTOR, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIVE MUSIC TUTOR, INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVE MUSIC TUTOR, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIVE MUSIC TUTOR., INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Live Music Tutor, INC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Live Music Tutor, INC as a result of this agreement or use of the Site. Live Music Tutor, INC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Live Music Tutor, INC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Live Music Tutor, INC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Live Music Tutor, INC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Live Music Tutor, INC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Live Music Tutor, INC reserves the right, in its sole discretion, to change the Terms under which livemusictutor.com is offered. The most current version of the Terms will supersede all previous versions. Live Music Tutor, INC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Live Music Tutor, INC welcomes your questions or comments regarding the Terms:
Live Music Tutor
9901 Brodie Lane, Suite 160-276
Austin, TX 78748, United States
Email Address:
info@livemusictutor.com
Telephone number:
(352) 325-1630
Effective as of December 17, 2012