Membership Agreement and Terms of Use

 

THIS IS A LEGALLY ENFORCEABLE CONTRACT

 

CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

 

Thank you for your interest in Musiclass101.com. If you are unclear about any of these terms, please contact info@musiclass101.com prior to becoming a member and conducting business with us.  Do not become a member until you have carefully read, clearly understood, and fully agreed to be bound by these terms.

 

By joining this site, you accept these terms and conditions as well as the privacy policy of this website, and this shall serve as a contract between Musiclass101, Inc. (hereafter “Musiclass101.com”, or “we” or “us”) and you (hereafter “you”, or “User” or “Producer” or “Artist” or “Member(s)” as applicable) which may be legally enforced against both parties

 

Use of Materials Found on the Website: The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the website are protected by copyright and international laws. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the materials, unless authorized by the appropriate copyright owner(s). In the event that you print materials found on the website, you must include any copyright notice originally included with the materials on all copies. You may not link directly to any media file located on a Musiclass101.com server, except where explicitly allowed to do so.  Any computer software that is downloadable or otherwise available on the website is provided subject to the terms of the applicable license agreement.

 

THIRD PARTY WEBSITES

 

The service may contain links to third party websites that are not owned or controlled by Musiclass101, Inc. Musiclass101, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Musiclass101.com will not and cannot censor or edit the content of any third-party site. By using the service, you expressly relieve Musiclass101.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the service and to read the terms and conditions and privacy policy of each other website that you visit.

 

 

ACCOUNT SET UP, USE

 

In order to access some features of the service, you will have to create a Musiclass101 account. You have two (2) options creating an account with us. You can

 

1. sign up to a Freshman Standard Account (No Monthly Fee, Commission Based); or
2. Senior Pro Account ($9.99/Month Subscription fee, 0% Commission to the site).

 

You may never use another member’s account without their express written consent. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Musiclass101, Inc immediately of any breach of security or unauthorized use of your account. Although Musiclass101, Inc will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Musiclass101,Inc. or others due to such unauthorized use.

 

Copyright and Trademark Infringement Policy and Notification Procedure:

 

Musiclass101.com does not own the musical compositions, sound recordings, art or other written or visual images (collectively, the "Content") posted by third parties to the website. All content is posted by an individual, group or company (collectively, the "Member") who has represented and warranted to Musiclass101.com that, among other things, neither the content nor the names, trademarks and service marks under which content is promoted (collectively, the "Name") infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights. All Musical Content uploaded by the “Member” on Musiclass101.com are subject to all Legal Rights given to Intellectual Property. Members must own Full copyrights or have written consent by its respective owner to upload, share and/or sell all media related content. Buyers are subject to clear any samples on any composition purchased.

 

Musiclass101.com is not in a position to determine who has the prevailing claim to use any particular Content or Name posted to the Website, any disputes are to be soley resolved directly by the parties alleging misuse. We recommend that any party alleging misuse immediately notify “Members” about allegations of infringement by going to the Member’s page on the Website.

 

Any party alleging misuse may notify Musiclass101.com concerning any Content and/or Name being used on the Website in violation of their rights by sending an email to info@musiclass101.com. Musiclass101.com only shall use information provided by such party in accordance with its then-current Privacy Policy and as reasonably necessary to address any allegations contained therein, which may include disclosing some or all of the information to Members.

 

License Types: Mechanical Rights (Exclusive and Non-Exclusive) and Synchronization

 

Members will have the availability to upload Musical content such as Instrumentals, Vocals, Sounds, Completed songs or Singles. Instrumentals will be granted two types of Licenses such as Mechanical (Exclusive and Non-Exclusive) and Synchronization to buyers.  Vocals and Sounds will be granted only Mechanical non exclusive licenses. Singles will be available for purchase for personal use and also be available for a synchronization License. Vocals are highly recommended to be copywritten prior to uploading onto Musiclass101.com, as we can not assure against any theft of content.

 

Mechanical Rights. A Non-Exclusive and Exclusive License  for non-profit or promotional use only . Licensee may upload master recording to music social networks for streaming non-profit purposes only. This License also allows for Distribution: by physical means (eg: CDs, vinyl, etc.) and digitally (i.e. through iTunes®, eMusic, etc.) provided, however that the Licensee must make a “derivative” of the “Instrumental only” by adding additional vocals, harmonies or live instrumentation etc. Additionally licensee may include recording for a demo when shopping to Record Labels.

 

Synchronization:  A Non-Exclusive License  for use in time-relation with images in a motion picture, television show, student film, short film, slide show, video game, or any other visual media (i.e. as background music for a scene, commercial, etc.)  You may not synchronize a Beat purchased for Distribution (eg: Exclusive or Non-Exclusive) unless you also pay the Synchronization fees for such Beat.

 

“New Work” as used here refers to an Instrumental that has been transformed into a derivative work by the User’s addition of vocals or harmonies or live instrumentation, etc. . ..

 

For clarification, Instrumentals licensed for Mechanical (Distribution) (eg: Exclusive or Non-Exclusive) must be transformed to a derivative New Work before Distribution.  Instrumentals licensed for Synchronization does not need to be turned into a New Work, but if it is, a Distribution license is also required in addition to the Synchronization licensed in order for the New Work to be synchronized.

 

I.    PURCHASING AND/OR DOWNLOADING BEATS FOR DISTRIBUTION.

 

When purchasing Instrumentals from Musiclass101.com for Distribution, you agree to the following (this section does not apply to Synchronization)

 

1)    Non-Exclusive License:  You are being granted  a non-exclusive license (permission) to distribute such Beat pursuant to the guidelines below.  Musiclass101.com and the Producer have the unlimited right to license the Music content to others.  A Beat designated as “exclusive” will be licensed to only one (1) User by Musiclass101.com.  The Member of an exclusive Beat is legally prevented from licensing such Instrumental to others.  The worldwide copyright of the composition and recording of such Instrumental remains 100% the property of the Beat’s Producer.  

 

2)    Your license grants you only the following rights:

 

a)    Modification of the Beat: You may make only one (1) derivative of such Beat (e.g. by adding vocals and harmonies, adding live instrumentation, etc. ), referred to as the “New Work”.  If you wish to create more than one (1) New Work from the original Beat, you must obtain an additional license and pay an additional fee as though you were purchasing such Beat again.  You may not assign, transfer, or sub-license your rights in the Beat to any other person or entity, but you may sub-license the distribution rights to the New Work to music distributors as further described in subparagraph (c) below.

 

b)    Ownership of the New Work: You will own solely your contributions to the New Work.  The Producer retains ownership of the underlying Beat.  Your contribution to the New Work must be original and sufficiently distinctive.

 

c)    Commercial Exploitation of the New Work: conditioned upon your obligation to give Producer and Musiclass101.com mandatory credit, you shall have the worldwide right to (i) reproduce (copy), and (ii) distribute up to five thousand (5,000) physical and digital units combined of the New Work, as well as the right to sub license the foregoing (i.e. to a distributor).  You may not Synchronize a New Work unless you pay for and obtain a Synchronization license pursuant to the section below.

 

d)    Public Performance of the New Work:  You shall have the worldwide right to publicly perform the New Work, but you must register the New Work with either ASCAP / BMI / or SESAC, and you shall afford Producer 50% writer credit when registering a New Work.

 

3)    Mandatory Credit: you must provide clear and legible credit on the packaging and in the metadata fields of downloadable copies of the New Work, and in any place where credit otherwise appears as follows:

 

“[_____name of New Work__________]” by [__Name of i.e. singer___]

Produced by www.musiclass101.com/[name of Producer]

 

4)    Delivery of Beats to Users: Upon our receipt of your payment, the Beat will be made available for download for a period of 24hrs through a secure password-protected link.  The link will be emailed upon our receipt of payment.

 

 

II.    PURCHASING AND/OR DOWNLOADING BEATS FOR Master Use and SYNCHRONIZATION.

 

When purchasing Beats from Musiclass101.com for Master Use and Synchronization, you agree to the following.  (This section does not apply to buying Beats for Distribution only)

 

1)    Non-Exclusive License:  You are being granted non-exclusive license (permission) to synchronize the Beat pursuant to the guidelines below.  Musiclass101.com and the Producer have the right to license the Beat to others.  The worldwide copyright of the composition and recording of such Beat remains 100% the property of the Beat’s Producer.  

 

2)    Rights Granted: Conditioned upon your obligation to give Producer and Musiclass101.com credit below, your license only grants you the following right

 

a)    Synchronization:  to (i) synchronize the Beat in time-relation with images in a motion picture, television show, student film, short film, slide show, video game, or any other visual media (hereafter the “Video”) i.e. as background music for a scene, commercial, etc. .  and to (ii) reproduce (copy) and distribute unlimited number of physical and digital units of such Video in any format (i.e. VHS, DVD, flash memory), as well as the right to sub license the foregoing (i.e. to a distributor).  

 

c)    You may not change a Beat purchased for Synchronization: You may not make a derivative of the Beat which you have purchased for synchronization unless you also purchase such Beat for Distribution and pay the additional purchase price.  Likewise, you may not synchronize a New Work unless you purchase the Beat for Synchronization in addition to purchasing it for Distribution.

 

d)    Public Performance of the Beat:  You shall have the worldwide right to publicly perform the Beat, but you must afford Producer 100% writer credit on “cue sheets”.  

 

e)    Public Performance of the New Work:  When obtaining a Synchronization license to a Beat in addition to a Distribution license, you shall have the worldwide right to publicly perform the New Work, but, as above, you must register the New Work with either ASCAP / BMI / or SESAC, and you shall afford Producer 50% writer credit when registering.

 

3)    Mandatory Credit: With respect to all synchronization uses of a Beat, you must provide clear and legible credit in any place where credit otherwise appears as follows:

 

“[_____name of Beat__________]”

Produced by www.Musiclass101.com/[name of Producer]

 

III.    SELLING AND/OR UPLOADING YOUR MUSICAL CONTENT AS A MEMBER

 

When selling or uploading your Musical content as a Member to Musiclass101.com, you agree to the following:

 

1)    (a)    Uploading Beats:  Member must upload a Beat of no more than Ten(10) megabytes, in unencrypted mp3 format (or, upon notice by us, in any other generally accepted format)  We shall have the right to, in our discretion, convert the format of a Beat or make any other technical modifications required to render it suitable for distribution on the Sites.  Members shall not upload any beats containing vocal tags or audio-watermarking of any kind.

 

(b)    Titles and Watermarking:  We shall have the right to (i) add a title to a Beat if Member fails to do so, or if we determine that the title of a Beat is inappropriate, inadequate or erroneous, and (ii) insert audio-watermarking on a Beat during streaming or in downloads to indicate Musiclass101.com as the source of the Beat or otherwise in our discretion for security purposes.

 

(c)    Capacity:  Your membership provides you with an initial memory space of five (5) slots for Freshman Standard subscription and Twenty (20) slots for Senior Pro Subscription.  You may obtain additional space on the Site to sell your Beats in other following way:

 

(i)    Purchase: You may purchase additional space for a fee for the price of $99.00 for each additional 20 slots.

 

 

2)    Posting on the Site:  We shall have the right to reproduce, distribute, sell, promote, and advertise your Beats on the Sites, and allow for the performance (streaming) and physical delivery (downloading) of your Beats to the public from such Sites, as well as up to sixty (60) second snippets of the Beats for sampling purposes.

 

3)    (a)    Non-Exclusive License:  You authorize us to grant non-exclusive licenses (permission) to the Sites’ Users to download and use such Beats pursuant to the Sites’ terms and conditions.  You shall retain the right to license Beats to other persons through Musiclass101.com and any other channel.

 

(b)    Exclusive License:  If you designate a beat as “exclusive”, you authorize us to grant an exclusive license to such Beat to one (1) User only.  You shall not license Beats designated as “Exclusive” to any other persons or entities either from Musiclass101.com or any other channel whatsoever.

 

4)    Copyright: The worldwide copyright of the composition and recording of your Beats remains 100% your property.

 

 

 

III.    PAYMENT.

 

1)    (a)    Payment from Users:  Users shall pay the listed Distribution Price and/or Synchronization/Master Use Price (as applicable) for each Beat in good and immediately available funds in US Dollars, either through PayPal® or by any other payment method then authorized from the Site prior to the use of the Beat.  Commissions are dependant on which subscription plan you apply for; The Freshman Standard or Senior Pro Account.

 

I.      Senior Pro you Keep 100% of all sales.

II.     Freshman Standard subscription ,Musiclass101.com’s commission is 30% of the Distribution Price and/or Synchronization/Master Use Price. This means you get 70% of the sale price. Users shall also pay all additional costs and fees related to any returned payments, insufficient funds, bank fees or other complications not caused by us.  

ALL TRANSACTIONS ARE FINAL. REFUNDS WILL ONLY BE MADE FOR TECHNICAL DEFECTS WHICH ARE BROUGHT TO OUR ATTENTION WITHIN SEVEN (7) DAYS OF THE DELIVERY OF BEATS.  NO REFUNDS OR CREDIT WILL BE MADE FOR ANY OTHER REASON.  The foregoing also apply to the purchase of additional “Slots” on the site.

 

(b)    Payment to Members: Depending on which subscription you apply for.

 

 

Freshman Standard Account: We pay Members 70% from sales directly to their Paypal accounts. Payment will be made through PayPal® or by any other payment method then authorized from the Site.   You are responsible for all PayPal® or other fees regarding payments made to you or otherwise to maintain your accounts current.  Musiclass101.com will charge a $2 processing fee for each payments made through a check. You shall not be entitled to any portion of processing fees or insufficient fund charges we may collect from the users.  We shall use our reasonable efforts to minimize bad / fraudulent transactions and to collect unpaid funds through various reasonable and practicable means.  However, we shall not be responsible to pay you for any transaction for which we have not actually received payment.  You shall reimburse us (or, at our election, we shall have the right to deduct from any future payments to you) your share of any amounts refunded by us to users because of technical defects.  

 

Senior Pro Account: You will automatically get paid once purchase has been made and approved. You keep 100% of all sales. Keep in mind that you are subject to Paypal fees per transaction. All sales are linked directly to your PayPal® account. You must stay in good standards with your subscription.

 

 

IV.    WARRANTIES AND REPRESENTATIONS.

 

1)    By purchasing or downloading Musical content from Musiclass101.com, you warrant and represent that:

 

a)    Originality / Non-defamatory or Legally Obscene: Your contribution to the New Work will be 100% original and will not infringe the rights of any other person or entity.  Your contribution to the New Work will not be defamatory or legally obscene.

 

b)    Samples:   Musical Content purchased from Musiclass101.com may contain third-party samples or musical interpolations which may need to be cleared by you, the purchaser, before distribution. Your contribution to the New Work will not contain any third-party samples or musical interpolations unless you have legally cleared all composition and recording rights to such sample or interpolation in writing.

 

c)    Lawful purposes:  you shall only use the Beat and New Work as per the terms of this document, and for lawful purposes.

 

d)    Indemnity:  In the event that any of the foregoing warranties turn out to be untrue or inaccurate, or with respect to any other matter relating to your contributions to the New Work or otherwise related to your activities or failures, you agree to indemnify us and hold us harmless against any claim or legal action brought about by any person or entity, and you shall pay all of our costs and legal fees in defending ourselves against such claim or action.  We shall also have the right to withhold from payments otherwise owed to you any amounts reasonably necessary to pay for the foregoing costs of defending ourselves against such claims.

 

2)    Members’ Warranties and Representations:  

 

By uploading Musical content to Musiclass101.com, you warrant and represent to Musiclass101.com and to the Users that:

 

a)    Originality / Non-defamatory or Legally Obscene: The Beat is 100% original and will not infringe the rights of any other person or entity, and it is not defamatory or legally obscene.

 

b)    Quality:  The Beat is in a technically satisfactory condition in keeping with normal digital delivery standards and doest not contain any bugs, viruses, trojan horses, or the like

 

c)    Samples:  The Beat does not contain any third-party samples or musical interpolations unless you have legally cleared all composition and recording rights to such sample or interpolation in writing. When uploading/Selling Completed Songs you must own all rights or have written permission to use such sample.  Musiclass101.com is not held responsible in policing this matter.

 

d)    Compliance with restrictions and Laws:  You will strictly comply with all of the restrictions contained in these Terms and Conditions, including but not limited to the exclusivity restrictions, and will not grant others any rights which may in any way take away from the rights you have granted to Musiclass101.com and the Sites, and the Users.  You shall obtain all business licenses, permits, and other permissions necessary to allow you to conduct business on the site, and shall be responsible for all third party payments (i.e. taxes, etc.) associated with such business conduct.

 

e)    Indemnity:  In the event that any of the foregoing warranties turn out to be untrue or inaccurate, or with respect to any other matter relating to the Beat or otherwise related to your activities or failures, you agree to indemnify us and hold us harmless against any claim or legal action brought about by any person or entity, and you shall pay all of our costs and legal fees in defending ourselves against such claim or action.  We shall also have the right to withhold from payments otherwise owed to you any amounts reasonably necessary to pay for the foregoing costs of defending ourselves against such claims.

 

3)    Our Warranties and Representations:

 

a)    We shall obtain the Member’s Warranty and Representation for Users’ benefit that the Beat will be (i) 100% original and will not infringe the rights of any other person or entity, (ii) non-defamatory and not legally obscene, and (iii) in a technically satisfactory condition in keeping with normal digital delivery standards.  We make no representations and warranties beyond those made by Producer, and we shall not be responsible for Producer’s actions beyond our control.  

 

b)    Our limitation of Liability:  YOU AGREE THAT OUR LIABILITY WITH RESPECT TO ANY CLAIMS OR LEGAL ACTIONS FROM YOU OR ANY PERSON DERIVING ANY RIGHTS FROM YOU SHALL SOLELY BE LIMITED TO THE PRICE PAID TO US BY YOU WITH RESPECT TO THE SALES OF A BEAT ON MUSICLASS101.COM.  

 

V.    OTHER TERMS AND CONDITIONS:

 

a)    Number of Accounts per person:  1

 

 

Refund policy: Musiclass101.com does not offer refunds. If there are any issues with a premium service please contact Musiclass101.com immediately. Premium services (recurring billings) can be cancelled anytime for any reason. Cancellations by the individual, group or company that signed up for the premium service (collectively, the "Subscriber") will be effective after the paid period. In case of cancellation by the Subscriber the period that is already paid for will not be reimbursed. The premium service will then remain active until the end of the paid period. Musiclass101.com reserves the right to cancel premium services for any reason at any time without notification. If Musiclass101.com cancels a premium service before its expiration date, Subscriber may be entitled to a pro-rated refund of the last payment. “Added Slots” is also non refundable. No refund will be given if user violated the Terms and Conditions. Premium service can be cancelled by emailing info@musiclass101.com with cancellation request and members name. Cancellation will be confirmed by email.

 

Your Conduct: You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Musiclass101.com's express prior approval, contains advertising or any solicitation with respect to products or services. If we feel that a user abuses the Musiclass101.com site in any way, we reserve the right to share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, possible credit card fraud. Musiclass101.com reserves the right to refuse service, terminate accounts, and/or cancel orders at its sole discretion and without notification.

 

Content: The Website’s Content (eg: Vocals, Video, Images and text) may contain profanity or otherwise inappropriate or offensive material for children or other members and/or users. Members and/or users must evaluate and bear the risk associated with the use of the Website and related services. Musiclass101.com suggests that parents supervise their childrens on-line activities and consider using parental control tools available to help provide an appropriate on-line environment for their children. Users are also encouraged to contact Musiclass101.com for evaluation of possible offensive material. Musiclass101.com reserves the right to act on such notices at its sole discretion.

 

Musiclass101.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Musiclass101.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their content.

 

Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MUSICLASS101.COM INC MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, MUSICLASS101.COM MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. MUSICLASS101.COM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL MUSICLASS101.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.

 

 

 

Account Termination Policy 

Musiclass101.com will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. Musiclass101.com reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, obscenity, or excessive length. Musiclass101.com may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

 

 

Limitation of Liability 

IN NO EVENT SHALL MUSICLASS101 INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MUSICLASS101, INC. SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of New York. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of New York, New York, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Musiclass101.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Modification of Terms and Conditions: Musiclass101.com may modify these Terms and Conditions at its sole discretion.  Musiclass101.com is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.

 

Age requirements for use of the Service: This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.