2. Use of Site.
(b) You acknowledge and agree that you are over 13 years old, and fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. The Site is not intended for those under 13. If you are under 13 years-old, do not use the Site. If you are between 13 and 17, please review this Agreement with your parents. You acknowledge and agree that in order to use certain features of the Site (including submitting any story or narrative for publication on the Site), you must be 18 years-old or older or an emancipated minor.
(c) You acknowledge and agree that you will use the Site in compliance with all applicable laws and regulations. We offer the Site from our facilities in the United States and make no representations or guarantees that the Site is available for use elsewhere, or that the Site complies with the laws of any territory outside the United States (including, without limitation, privacy, and data use laws). Users who attempt to use the Site from elsewhere do so at their own risk and responsibility (in terms of, among other things, complying with applicable local laws). Without limiting any of the foregoing, use of the Site in a territory whose laws or regulations are more stringent than those of the United States is expressly prohibited.
By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate (e.g., you agree that you have the legal right to use the email address(es) you provide); (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation. Your profile may be deleted and your membership or account may be terminated without warning if we believe that you have failed to adhere to the foregoing. Moreover, if you, in our sole discretion, are determined to violate this Agreement (or our other applicable documents, policies or guidelines) or otherwise engage in infringing behavior or behavior that is inconsistent with the spirit of this Agreement, we may investigate such violations or behavior and may take any action we deem appropriate, including without limitation, suspending or terminating your access to the Site and your account and reporting any suspected unlawful activity to law enforcement officials (and disclosing any of your user information to such officials), and pursuing any other remedy available at law or in equity.
4. Registration Data; Account Security.
To use certain parts of the Site, you will be required to create an account. To the extent such an account is required, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the confidentiality and security of your account password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. We assume no liability for any losses caused by unauthorized use of your account; you, however, may be liable for our or other’s losses owing to such unauthorized use. Your account, username, and password are non-transferable by you. We reserve the right to refuse or change any username for any reason whatsoever.
5. Payment for Services.
If you elect to access any paid component on the Site, including the creation of a paid membership or accessing on-demand content, you agree to pay all fees and charges associated therewith on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You agree to maintain valid credit card information in your account information. ALL SALES ARE FINAL AND NON-REFUNDABLE.
6. Credit Card Information.
We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. Credit card numbers are used only for processing payments and are not used for other purposes.
7. Proprietary Rights.
You acknowledge that you are aware that we own the copyrights in our Site and agree that you will not copy or modify the underlying code without our express written permission. Additionally, all content on the Site and available through the Site, including but not limited to trademarks, service marks, logos, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement along with the “look and feel” of the Site (the “Site Content”), are the proprietary property of us, our users or our licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
8. Your Content.
(a) You are solely responsible for all content, including photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content (collectively the “User Content”) that you upload, publish, or display on or through the Site, or transmit to or share with other users (hereinafter, “post”) and you are solely responsible for any consequences of posting User Content. You acknowledge and agree that you will post User Content on the Site solely in accordance with this Agreement and any other procedures, policies and guidelines explicated on the Site. You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that we may, but are not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in our sole discretion, for any reason or no reason, including without limitation User Content that in our sole judgment violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. In addition to these actions, we may (at any time and without notice) terminate your membership or account as a result of posting such User Content. 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 us.
(b) When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant and you represent and warrant that you have the right to grant to us a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, edit, modify, excerpt (in whole or in part), distribute and otherwise exploit such User Content for any purpose whatsoever in connection with the Site and the Living Hope project, as well as in the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. You acknowledge and agree that we do not guarantee any confidentiality with respect to User Content or any other content or information you post on the Site, and that we have no liability with respect to any infringement (or alleged infringement) or other such misappropriation of any proprietary right in User Content or other content or information you post on the Site.
9. Your Conduct.
You understand that the Site is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site (including, without limitation, User Content) will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material, and that you own or have the necessary rights, licenses, consents, permissions, and any other like authority (including from third parties) necessary to use and authorize the use of materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site (including, without limitation, User Content). In addition, you agree not to use the Site to:
(a) harvest or collect email addresses or other contact or personally identifiable information of other users from the Site by electronic or other means, nor use the communication systems provided by the Site, if any, for the purpose of sending unsolicited emails or other unsolicited communications;
(b) use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
(c) use automated scripts (including without limitation, “robots” or “spiders”) to collect information from or otherwise interact with the Site;
(d) upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(e) register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity other than a musical act in which you are a member;
(f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(g) upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(h) upload, post, transmit, share, store, or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
(i) solicit personal information from anyone under 18 or solicit passwords or personally identifiable information or content posted by other users of the Site for commercial or unlawful purposes;
(j) upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(k) intimidate or harass another;
(l) upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(m) use or attempt to use another’s account, service, or system without authorization from us, or create a false identity on the Site, nor authorize another party to use your account;
(n) upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type;
(o) copy, duplicate, sell, or otherwise similarly reproduce or offer the Site on a third party website or download or replicate the Site Content. In particular and without limiting the foregoing, you will not engage in such behavior for any commercial purposes; or
(p) access content posted by other users on the Site through any technology or means other than the particular devices available on the Site, or other explicitly authorized means that we may designate.
10. Copyright Infringement.
Wherein we receive proper written notification of alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material, in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to firstname.lastname@example.org. In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, user accounts who are deemed to be repeat infringers. We may also in our sole discretion limit access to the Site and/or terminate the memberships or accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. Third-Party Websites and Content.
The Site contains (or you may be sent through the Site) links to other websites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties, including from Third-Party Sites as well as other users, and specifically including Submissions from other users, guest authors, and other contributors to the Site (“Third-Party Content”). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
12. User Disputes.
You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users. Furthermore, we have no obligation to intervene in disputes between you and other users.
(a) THE SITE, INCLUDING ANY PLATFORM APPLICATIONS AND THE SITE CONTENT, ARE PROVIDED “AS IS” AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE FROM OR THROUGH THE SITE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
(b) We are not responsible or liable in any manner for any User Content or Third-Party Content posted on the Site or in connection with the service, whether posted or caused by users of the Site, by us, by third parties, or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third-Party Content. We are not responsible for the conduct, whether online or offline, of any user of the Site.
(c) The Site may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or the Site or at any site or combination thereof, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site, any User Content or Third-Party Content posted on or through the Site or transmitted to users, or any interactions between users of the Site, whether online or offline.
(d) We reserve the right to change any and all content, software and other items used or contained in the Site and any services offered through the Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by us.
14. Limitation of Liability.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US WITHIN THE IMMEDIATELY PRECEDING TWELVE-MONTH PERIOD, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED ONE THOUSAND DOLLARS ($1,000). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We may terminate your membership or account, delete your profile and any content or information that you have posted (including, without limitation, any User Content) on the Site or through any platform application and/or prohibit you from using or accessing the Site or any platform application (or any portion, aspect or feature of the Site or any platform application) for any reason, or no reason, at any time in our sole discretion, with or without notice.
16. Governing Law, Venue, and Jurisdiction.
By visiting or using the Site, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in McLennan County, Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in McLennan County, Texas. We may provide you with notices (or, if applicable, serve process upon you) using any contact information (e.g., email address, postal address, or fax number) supplied by you in your membership or account registration.
(a) You and we agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of this Agreement and/or the Site (including your visit to or use of the Site) shall be final and binding arbitration, except that to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate our patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
(b) In the event of a dispute subject to arbitration hereunder, you or we must give the other a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute by certified or registered mail (return receipt requested) or overnight courier providing delivery confirmation to Web Piano Teacher, LLC, 7543 Bosque Blvd., Suite A, Waco, Texas, 76712, with a courtesy copy to Keller Turner Ruth Andrews & Ghanem, PLLC, 20 Music Square West, Suite 200, Nashville, Tennessee 37203, Attn: T. D. Ruth. We will send any notice of dispute to you by certified or registered mail (return receipt requested) or overnight courier providing delivery confirmation to your address if we have it, or otherwise to your email address. The parties will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, either you or we may commence arbitration.
(c) Arbitration under this Agreement shall be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) (collectively, “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, we will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
(d) To the fullest extent permitted by applicable law, no arbitration or claim under this Agreement shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Site, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than one (1) year after the cause of action arose.
(e) If the class action waiver set forth herein or any other provision of this Section is found to be illegal or unenforceable as to all or some aspects of a dispute, then that section will not apply to those aspects. Instead, those aspects will be severed and proceed in a court of law, with the remaining aspects proceeding in arbitration, and the remainder of this Section will remain in full force and effect.
You agree to indemnify and hold us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third-Party Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party. This indemnification obligation, along with any representations and warranties made by you hereunder, will survive the termination of this Agreement and your use of the Site.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, correspondences, or other information about the Site (“Feedback”), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.