Term, Membership Renewal and Fees
• Account-Related Activity. Certain activities on the Site require you to have an account including participation in subscription-funded music institutes. We ask for some personal information when you create an account, including without limitation your email address and a password, which is used to protect your account from unauthorized access, age and credit card information. An account allows you to access the Service and Site that require payment and registration.
• Usage Information. We may record information about your usage, including without limitation such as when you use the Site and/or Service, the classes you subscribe to, the contacts you communicate with, the videos you watch and the frequency and size of data transfers, as well as information you display or click on the Site.
• Content Uploaded to Site. Any personal information, video content or other content that you voluntarily disclose online (on discussion boards, IM communications, in messages and chat areas) become publicly available and can be collected and used by others.
If you choose to register for an account, you agree to provide accurate, complete information about yourself as requested during the registration process (“Registration Process”). You will provide all content and other materials for posting on the Site in accordance with the Company’s policies in effect from time to time including, without limitation, the manner of transmission to the Company. You will also be fully responsible for all use of your account and for any actions that take place on the Site using your account.
Your Content Posted to the Site
You are solely responsible for the content, profiles (including your name and image), messages, notes, text, information, music, video, advertisements, listings and any and all other content that you upload, publish or display (hereinafter, “post”), and the consequences of such posting, transmission or sharing, on or through the Service or the Site, or transmit to or share with others users (collectively the “User Content”). You may not post, transmit or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, applicable law, or which might be offensive, obscene, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. Company will terminate your access to the Site and/or Service if you are determined to be a repeat offender in its sole discretion. You represent and warrant that you have all rights in and to your User Content (whether through ownership or licenses, consents, and permissions from the owner) required for you to lawfully submit your User Content to the Site and grant the rights to your User Content provided in the Agreement. You further represent and warrant that your User Content posted to the Site has all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your User Content in the manner contemplated by the Site and/or Service and this Agreement and the posting and transmission of your User Content does not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contact rights or any other rights of any person or entity.
Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
LIMITATIONS OF LIABILITY
Company does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF TWENTY DOLLARS ($20.00).
You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Web Site or the Internet or your placement or transmission of any message or information on this Web Site by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any other party’s access and use of the Web Site with your unique username, password or other appropriate security code.