Last Updated: September 30, 2017
1. All persons using the Platform at any time expressly agree not to use any aspect of the Platform for any purpose other than its intended Purpose as a Platform for (a) the purchase and/or sale of Lessons and/or (b) conducting Lessons. If you use the Platform for any other purpose, you violate this Agreement.
2. Any violation of this Agreement may be punished by, without limitation, refusal of access to the Platform.
3. If you object to anything in this Agreement (including anything in the our Privacy Policies [link] or other applicable terms), please immediately terminate your use of the Platform. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO DISCONTINUE ANY ASPECT OF THE PLATFORM AT ANY TIME. THIS AGREEMENT IS TERMINABLE AT ANY TIME BY EITHER PARTY (OPERATOR OR YOU) FOR ANY REASON. ANY LICENSE YOU GRANT OPERATOR THROUGH ANY AGREEMENT WITH OPERATOR WILL SURVIVE TERMINATION OF THE AGREEMENT WITH OPERATOR. WITHOUT LIMITATION, SECTIONS 7, 9, AND 11-33 SHALL SURVIVE TERMINATION OF THE AGREEMENT.
5. Communications from Operator and other Users. By creating an account, you agree to receive certain communications in connection with the Platform. For example, you might receive a message from a Student or potential student inquiring about your teaching style or availability. You acknowledge and agree that Operator has access to and may review any message sent through the Platform's internal messaging service for any reason or no reason, and Operator may use the information in such messages for any reason or no reason. You may receive marketing communications from Operator, and you can opt-out of such communications.
6. “Teacher” as used herein refers to an individual who seeks and obtains Operator’s approval to offer his or her services as a music educator through the Platform. Operator’s approval generally is based on the applicant’s affirmation that he or she meets one the following minimum criteria (though Operator reserves the right to approve applicants who do not meet these criteria under some circumstances, and to not approve others who do meet these criteria):
· A. 2+ years of music teaching experience
· B. 5+ years of being a professional musician with your principal source of income derived from music.
Upon your seeking Operator’s approval in the hopes of becoming a Teacher, you may be required to provide certain information about your qualifications as a music instructor. By providing this information, you authorize the Background Check (defined in our Teacher Terms) which may be conducted by Operator, contractors, or authorized third-parties. Operator reserves the right to reject your Teacher status for any reason.
More information for Teachers and Teacher Applicants that is pertinent to the Background Check is available in the Teacher Terms.
We run all Teacher and Teacher Applicant names through the national sex offender registry in the United States, and we reserve the right to run the names through the criminal background check vendor TalentWise Solutions, LLC.
Our criminal background check vendor reviews a compilation of over 500 million United States criminal records from over 43 states (sources include Departments of Corrections, Administrative Offices of the Courts, and counties directly). Prior to reporting records to us, our vendor verifies the information at the county courthouse to ensure the accuracy and completeness of potentially adverse information. The following states are not covered by our vendor’s criminal background check: Vermont, Delaware, Wyoming, South Dakota, West Virginia, and Massachusetts. The following counties in California are not covered by our vendor’s criminal background check: Colusa, Del Norte, El Dorado, Humboldt, Imperial, Inyo, Klamath, Lake, Lassen, Madera, Mariposa, Modoc, Mono, Monterey, Napa, Plumas, San Benito, San Joaquin, Shasta, Sierra, Solano, Stanislaus, Sutter, Trinity, Tulare, Tuolumne, and Yuba.
Users who have not registered with Operator are not Teachers or Students and may be denied access to areas within the Platform reserved for Students and/or Teachers.
7. Operator Materials and User Content.
Proprietary Rights. Operator, and its licensors, own and retain all proprietary rights in the Platform. The Platform contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Platform (the “Operator Materials”) that are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any Operator Materials. Operator Materials do not include User Content (as defined below) or other content submitted by users. Operator retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Platform or Operator Materials, except for the limited rights set forth in this Agreement.
“User Content” refers to any content or material of any kind emailed, uploaded or otherwise submitted by a Student or Teacher to or through the Platform or us, or provided by a Student or Teacher during or in connection with a Lesson given through the Platform. As the Student or Teacher, you are responsible for the submitted User Content, including the accuracy thereof. User Content does not necessarily reflect the opinion of Operator. By submitting User Content, you grant to Operator a perpetual, non-exclusive, worldwide license to use all or part of your submitted User Content in any manner for the Purpose of the Platform. This license granted by you shall survive any termination or expiration of this Agreement. Operator reserves the right to moderate, remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of User Content, nor do we guarantee any confidentiality with respect to User Content.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Platform. Operator reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Platform and terminating the membership of such violators. It includes, but is not limited to, User Content that:
· a. is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
· b. harasses or advocates harassment of another person;
· c. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
· d. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous;
· e. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
· f. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
· g. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
· h. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
· i. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
· j. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation User Content, made available through the Platform, but not directly by Operator, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Operator does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Platform, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Platform. Under no circumstances will Operator or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Platform or transmitted to or by any Platform users.
8. “Teacher Profile” refers to the Teacher’s individual webpage within the Platform where the Teacher may upload his/her individual User Content.
9. Recorded Lessons. A Student or Teacher may have the option of recording a Lesson (creating a “Recording”). Prior to initiating a Recording, the Student or Teacher seeking to record the Lesson must disclose to all others present in the Lesson that the Lesson will be recorded and obtain the consent of all such persons to the recording of the Lesson. In such a case, all parties present in the Lesson grant Operator the right to record their User Content within a Lesson to be stored and catalogued for later access the Purpose of the Platform. Students and Teachers acknowledge and agree that: (1) Operator owns all rights (including copyright) in and to any such Recordings and Recordings generally will be used only in the manner explained further herein, (2) Recordings are intended to be used for the Purpose of the Platform (i.e., learning music), and (3) audio and/or video from such Recordings may not be posted to any third-party media-hosting website (e.g., SoundCloud, YouTube, or Vimeo) without Operator’s permission.
For the avoidance of doubt:
- Recordings will be stored in and accessible via the Platform, intended for viewing by Student/parent/guardian and Teacher for the Purpose of the Platform, and by Operator to facilitate the Purpose of the Platform.
- Unless otherwise agreed between Student/parent/guardian, Teacher, and Operator, as applicable, Recordings generally are intended to be used by respective Students and Teachers privately and within the Platform for the Purpose of the Platform.
- Unless subject to a separate agreement, Operator makes no claim to any rights in any Teacher’s curriculum present in the Recordings.
- Teacher may delete a Recording within 48 hours of the Recording being posted. Student will be able to delete a Recording at any time after it is posted.
- Student or Teacher may disable recording within his/her settings. If a Student or Teacher is in a Lesson that is being recorded, such a settings change would not disable the Recording that is underway and would disable only the ability to record future Lessons. (In such a case, the Student or Teacher could request that Operator delete the Recording then being made, if he/she so wished.)
- Student or Teacher should advise one another if they do not wish to be recorded. A Student or Teacher making a Recording of another party under the age of 18 must obtain the consent of that party’s parent or legal guardian before creating a Recording.
- Contact Operator if you have any concerns about how Recordings are created or stored.
- Generally, Operator may review Recordings for quality purposes, but Operator generally is not obligated to review Recordings as a matter of course, nor is Operator expected to do so.
- Operator does not endorse any content of the Recordings, or any opinion, recommendation, or advice expressed therein, and Operator expressly disclaims any and all liability in connection with Recordings.
- Operator does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Operator will remove Recordings if properly notified that content infringes on another's relevant intellectual property rights.
- Operator reserves the right to remove Recordings without prior notice for any reason or for no reason.
10. Adequate Equipment and Bandwidth. Use of the Platform requires you to have a computer and webcam. We cannot guarantee that the Platform will function at any given time using any particular hardware or connection. Connectivity greater than or equal to 500 kbps (upload and download speed) is required to use the Platform. Suggested minimum equipment and software requirements are provided below:
Supported OS Windows
10, 8.1, 8, 7, XP;
Mac: OS X 10.6 or higher;
Linux: Debian 7.0; Fedora Core 18, 19; openSUSE 12.2, 12.3; Red Hat 6.1, 6.3; Scientific Linux (SL) 6.1, 6.3; Ubuntu 12.04, 12.10, 13.04, 13.10
Recommended Configuration System
Core 2 Duo 2GHz; 2 GB RAM; 40 MB free disk space For HD: Graphics capabilities that support HD resolutions on one or more displays
Supported: Standard integrated webcams
Preferred: External USB webcams that support 720p30 and higher
Microphones and Speakers
Supported: Integrated system microphones and speakers, webcam microphones
Preferred: Headsets and speakerphones with integrated echo cancellation
11. Relationship between the Platform and Users. The Teachers referenced in this agreement and throughout the Platform are independent contractors offering services to Students and are not employees of Operator. Operator does not supervise Teachers or provide direction to Teachers concerning how to teach Lessons through the Platform, Teachers are not the agents of Operator, and Operator is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of Teachers or from any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Teachers and prospective Teachers must review and agree to the Teacher Terms, which are hereby incorporated into these Terms as applicable and provide further information. Also, the Lessonface Share referral program is governed by the terms accessible at this link, which are hereby incorporated in these Terms.
Teachers set their own prices, availability, and schedule for the Lessons offered through the Platform. Operator reserves the right to audit Lessons for Platform safety and stability purposes.
Operator reserves the right to delete your account or limit or deny you access to the Platform at any time for any reason or no reason.
Your punctuality is of the ultimate importance and is deemed of the essence concerning your use of the Platform for its intended Purpose (taking/giving Lessons).
Scheduling a Lesson. A Student may choose from the list of available Lesson times on a Teacher’s schedule. Alternatively, a Student may contact a Teacher to request other availability, and the Teacher may accept or deny the Student’s availability request at the Teacher’s discretion.
A Student may schedule a Lesson up to 24 hours prior to the Lesson time; or, upon invitation from a Teacher, the Student may schedule a Lesson up until the time of the Lesson is completed.
Payment. Payment by the Student is completed at the time of the Lesson booking for one or multiple lessons and is made to Lessonface.com, Inc. Payment by the Student creates Platform credit, equivalent to the dollar amount paid at the time of booking, that the Student may use with the Teacher or with other Teacher(s) or lesson product(s) on Lessonface.com (generally, the Student must give at least 24 hours of notice prior to the time of the Lesson to be cancelled if the Student seeks to switch from the originally booked Teacher/Lesson). The Operator will disburse payment to Teacher in the manner described in the Teacher Terms.
Student pays the Lesson price set by the Student’s chosen Teacher for use of the Platform via credit card (MasterCard, Visa, or American Express processed through Stripe). Student agrees to pay the price set by Teacher for the Student’s chosen Lesson and authorizes Operator to charge Student’s chosen payment provider (MasterCard, Visa, or American Express) for Student’s use of the Platform in connection with each chosen Lesson, and thus Student agrees to make the corresponding payment using Student’s selected payment method. Operator reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If a Student does not pay the Lesson price at the time the Platform processes payment, as set out above, the Student may be denied access to that Lesson through the Platform.
Rescheduling. Lessons are intended to occur as scheduled. Lessons can be rescheduled with Appropriate Notice. "Appropriate Notice" is at least 24 hours prior to the scheduled Lesson time. In the case of rescheduling a Lesson, the rescheduling party must contact the other party to the Lesson through the Platform’s internal messaging service as soon as reasonably possible and at least 24 hours before the Lesson is scheduled to occur.
Cancellations. Cancellation of a Lesson will take place only in extreme circumstances. To request cancellation, please firstname.lastname@example.org.
Satisfaction Guarantee/Refunds. Any request for a refund of Student payment for a Lesson (a “Refund”) will be handled on a case by case basis. If, following the Student's Lesson, the Student is dissatisfied with that Lesson, the Student should contact email@example.com within forty-eight (48) hours of the Lesson, and we will work with the Student to reschedule the Lesson, find a different Teacher, and/or refund the Lesson price, to satisfy the Student (the "Satisfaction Guarantee"). Notwithstanding the foregoing, the Satisfaction Guarantee does not apply in any case where the Student misses a Lesson or is late to a Lesson solely due to the Student's own actions.
If a Student is more than ten minutes late to or does not attend a Lesson, and the Student has not rescheduled the Lesson or made other arrangements with the Teacher, the Student will not receive any Refund for the Lesson. Students are encouraged to openly communicate with Teachers and if necessary to seek to reschedule Lessons via the Platform, and to do so as soon as possible with Appropriate Notice. Students who repeatedly cancel Lessons without Appropriate Notice may have their Platform access limited/no longer be allowed to act as a Student, or may be denied access to the Platform.
If a Teacher is unable to provide a Lesson due to a Student’s (i) inadequate hardware or bandwidth or (ii) inappropriate conduct, Operator generally will not provide a Refund to Student. And if a Student feels that a Teacher’s conduct renders the Lesson impossible, the Student should inform Operator. All such situations, and any discussions concerning Refunds stemming therefrom, will be handled on a case-by-case basis.
The Student may seek a Refund for a Lesson cancelled by a Teacher, or the Student may reschedule the Lesson with the Teacher. Teachers who repeatedly cancel Lessons without Appropriate Notice may have their Platform access limited/no longer be allowed to act as a Teacher, or may be denied access to the Platform.
In the instance when a Refund is granted, it will be processed within a reasonable period of time. To contact Operator concerning a potential Refund, please contact firstname.lastname@example.org.
Promo Codes. If the Platform issues promotion codes that allow discounted and/or free access to one or more Lessons (each, a "Promo Code"), such Promo Codes (a) may be revoked at any time by us with or without notice to you, and (b) may be deemed to apply only to a specific teacher at our election with or without notice to you.
12. Your Interactions with Other Users.
a. You are solely responsible for your interactions with other Platform users, including without limitation Teachers, Students, prospective Teachers, and prospective Students. Operator makes no representations or warranties as to the conduct of Platform users and shall not be in any way liable for any conduct of any Platform user. You agree to take reasonable precautions in all interactions with other users of the Platform, particularly if you decide to meet any Platform user offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to any other Platform user.
b. Release. You hereby release Operator from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other users of the Platform. FURTHER, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
13. OPERATOR HAS NO DUTY TO MONITOR COMMUNICATIONS AND/OR INTERACTIONS TAKING PLACE ON OR THROUGH THE PLATFORM.
SEXUALLY EXPLICIT MATERIAL IS NOT ALLOWED TO BE USED IN CONNECTION WITH OR TRANSMITTED THROUGH THE PLATFORM.
The Platform is intended for use by users over the age of 18 or users under the age of 18 who are properly authorized and chaperoned by their parent and/or legal guardian and otherwise permitted by these terms.
Registration and participation on the Platform is restricted to those individuals over 18 years of age, emancipated minors, or those who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Platform, you hereby represent that you are over 18 years of age, an emancipated minor, or in possession of consent by a legal parent or guardian and have the authority to enter into the terms herein.
PARENTS AND LEGAL GUARDIANS SHOULD BE AWARE THAT ALTHOUGH OPERATOR REQUIRES USERS UNDER 18 TO REPRESENT VIA THESE TERMS THAT THEY ARE EITHER EMANCIPATED OR AUTHORIZED BY THEIR PARENTS OR LEGAL GUARDIANS, AND OPERATOR TAKES PRECAUTIONS TO PREVENT USERS UNDER 13 FROM INTERACTING WITH THE PLATFORM WITHOUT THE CONSENT OF A PARENT OR LEGAL GUARDIAN, IT IS ULTIMATELY UP TO PARENTS AND LEGAL GUARDIANS TO SUPERVISE THE ONLINE ACTIVITIES OF THEIR CHILDREN; AND PARENTAL CONTROL MECHANISMS ARE WIDELY AVAILABLE TO PARENTS AND LEGAL GUARDIANS INTERESTED IN CONTROLLING THEIR CHILDREN’S ACCESS TO MATERIALS ONLINE.
OPERATOR CANNOT BE HELD RESPONSIBLE FOR THE ACTIVITIES OF PLATFORM USERS.
If your use of the Platform exposes any user under the age of 18 to sexually explicit material and Operator becomes aware of such conduct, we will report your conduct to the appropriate authorities as we are required to do by law. Additionally, other types of conduct in violation of this Agreement may be reported to the appropriate authorities as we deem appropriate on a case-by-case basis.
14. Your use of the Platform. You may use this Platform for lawful purposes only in accordance with the Purpose of this Platform. You may not aid others in doing anything that you are not permitted to do under the Agreement. You may not (1) submit or transmit through the Platform any content or material or (2) engage in any conduct, that Operator in its sole discretion deems:
· a. violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
· b. is unlawful or is otherwise objectionable in our sole discretion, including without limitation materials or conduct that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, invasive of another’s privacy, pornographic or sexually explicit, or tortiously interferes with another;
· c. forges email headers or otherwise disguises the origin of any communication;
· d. sends unsolicited bulk messages within Platform’s messaging service;
· e. uses automated “bots” to access or compile information posted in connection with the Platform;
· f. victimizes or harasses, degrades, or intimidates any individual or group of individuals;
· g. impersonates any person, business, or entity;
· h. expresses or implies that any statements you make are endorsed by Operator without our specific prior written consent;
· i. that any statements you make and/or conduct undertaken by you are endorsed by Operator without our specific prior written consent;
· j. “frames” or “mirrors” any part of the Platform, without Operator’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Operator or the Platform in order to direct any person to any other web site for any purpose;
· k. modifies, adapts, sublicenses, translates, sells, reverse engineers, deciphers, decompiles or otherwise disassembles any portion of the Platform or any software used on or for the Platform, or cause others to do so;
· l. encourages conduct that constitutes a criminal act or that gives rise to civil liability;
· m. promotes any business other than the Platform or your services as offered through the Platform in accordance with the Purpose of the site; or
· n. violates the Agreement or otherwise interferes with the rights of others.
15. You further agree that you will not post or transmit any image of another person without that person’s consent. You may not use the Platform in any manner that could damage, disable, overburden, or impair Operator’s servers, or interfere with any other party’s use and enjoyment of the Platform. You may not attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process.
16. Under no circumstances may Students or Teachers use recorded information from Lessons for anything other than personal use in connection with the Purpose of the Platform (i.e., teaching or learning music), and Students and Teachers may not post audio or video from recorded Lessons to any third-party media-hosting website (e.g., SoundCloud, YouTube, or Vimeo). Teachers and Students may use Lessons only for the Purpose of the Platform (i.e., teaching or learning music), and Teachers and Students may not use the Platform in an unduly personal manner unrelated to the Purpose of the Platform (e.g., stalking or harassing or inquiring about merchandise/concert tickets/backstage passes, etc.). Users who do not abide by this paragraph may have their Lessons cancelled without a Refund and/or have their access to the Platform limited or denied.
17. At our sole discretion, we may take any legal and technical remedies to prevent the violation of this Agreement and to otherwise enforce the Agreement.
19. You will not use the Platform to create business of any kind for yourself that takes place outside of the Platform.
20. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY / OTHER DISCLAIMERS. THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS PLATFORM ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS PLATFORM.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OPERATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT WARRANT THAT THIS PLATFORM AND ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPERATOR DOES NOT WARRANT THAT THE PLATFORM AND SERVICES OFFERED THROUGH THE PLATFORM WILL NOT USE DATA THAT CAUSES YOU TO EXCEED ANY APPLICABLE RESTRICTIONS ON DATA USE IMPOSED BY YOUR INTERNET PROVIDER, MOBILE OR OTHERWISE.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT, AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL OPERATOR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AND PUNITIVE DAMAGES, CONCERNING ANY ACT OR OMISSION INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, OR LOST USE OF THE PLATFORM, EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, OPERATOR’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OPERATOR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT PAID BY YOU TO OPERATOR FOR USE OF THE PLATFORM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
FURTHER, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Results Not Guaranteed. OPERATOR DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE PLATFORM. OPERATOR DOES NOT ENDORSE ANY MUSIC PROGRAM OFFERED THROUGH THE PLATFORM. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY TEACHERS OR OTHER USERS OF THE PLATFORM ARE SOLELY ATTRIBUTABLE TO THE TEACHER OR USER. OPERATOR IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY TEACHERS OR OTHER USERS.
Operation and Content. OPERATOR IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE PLATFORM, WHETHER CAUSED BY USERS OF THE PLATFORM, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PLATFORM. OPERATOR ASSUMES 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. OPERATOR IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE PLATFORM.
User Conduct. OPERATOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM. UNDER NO CIRCUMSTANCES WILL OPERATOR OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY, OR DEATH, RESULTING FROM ANYONE'S USE OF THE PLATFORM, ANY CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE. OPERATOR IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OR ANY INTERACTION BETWEEN A USER OF THE PLATFORM AND ANY THIRD PARTY. OPERATOR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM.
Jurisdiction. The Platform is solely intended for use by individuals residing in the United States. We cannot guarantee, and we make no representation that, materials within the Platform are appropriate or available for use outside the United States. Anyone accessing the Platform from a location outside the United States is responsible for compliance with any applicable local laws. As with any other user, we reserve the right to limit or deny your Platform access at any time for any reason (including, without limitation, based on your geographic location).
22. Choice of Law; Choice of Forum: Arbitration. This Agreement is governed by the law of the State of New York. Any and all disputes concerning your use of the Platform or this Agreement are subject to binding arbitration by a three-person panel in New York under the rules of the American Arbitration Association, which shall have exclusive jurisdiction over all claims between you and Operator relating to or arising out of your use of this Platform. The arbitrators’ award may be entered as a judgment in any court of competent jurisdiction.
23. Assignment. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Operator without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
24. Warranty. You expressly warrant that you are of majority age and have the capacity to enter into this Agreement, that any and all information (including without limitation User Content) provided by you through the Platform is accurate and does not infringe on the intellectual property rights of any other party, that your conduct and use of the Platform will conform with the terms of this Agreement, and that your use of the Platform will not infringe on the intellectual property rights or any other rights of any other party.
25. Indemnification. You agree to indemnify and hold Operator and any and all of Operator’s parent, subsidiaries, members, affiliates, officers, agents, licensors, partners, and employees harmless from any loss, liability, claim, damages, obligations, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of or interaction with the Platform including without limitation: (i) your violation or breach of this Agreement, (ii) your Teacher Content, (iii) any intellectual property infringement or other infringement of the rights of third parties caused by your interaction with the Platform, or (iv) any breach of your representations and warranties set forth above. Operator reserves the right (but has no obligation) to, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Operator. Operator will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
27. Severability. If any provision of this Agreement is deemed by a judge or tribunal body to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
28. Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
29. Claims. YOU AND OPERATOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
30. Copyright Policy.
a. DMCA Notice. It is Operator’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us in our sole discretion to be “repeat infringers”. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Platform infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing Operator’s Copyright Agent, designated below, with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
· i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform are covered by a single notification, a representative list of such works at that site.
· iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Operator to locate the material.
· iv. Information reasonably sufficient to permit Operator to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
· v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
· vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· vii. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please also note that Operator may, at our sole discretion, send a copy of such notices to a third-party for publication. For example, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
b. Counter Notice. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
· i. Your physical or electronic signature.
· ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
· iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
· iv. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Operator may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
· v. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
c. Designated Copyright Agent. Operator’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
· i. Attn: Copyright Agent, Lessonface.com, Inc 451 West St., New York, NY 10014
· ii. OR by email at: email@example.com
· iii. OR by fax at: 888-388-3023
· iv. For clarity, only DMCA notices should go to Operator’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Operator customer service firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
d. Repeat Infringer. Please note that Operator will promptly terminate without notice any user’s or Member’s access to the Platform if that user or Member is determined by Operator to be a “repeat infringer.” A “repeat infringer” is a Platform user who has been notified by Operator of infringing activity violations more than twice and/or who has had their User Content or any other user- submitted content removed from the Platform more than twice. In addition, Operator accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
31. Blocking of IP Addresses / Users. In order to protect the integrity of the Platform, Operator reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Platform. Additionally, Operator reserves the right to take appropriate measures to deny Platform access to any user who attempts to create a second Platform registration after being denied Platform access by Operator.
32. International Interactions. All amounts on the Platform are denominated in U.S. dollars, and exchange rates, which apply to international transactions and may change at any time, are applied by Operator’s third-party payment processors. At this time, those processors are Stripe (Students paying through Platform) and PayPal and Bank of America (Platform disbursing funds to Teachers).
33. Contacting Us. If you have questions or comments about the terms of this Agreement, please contact:
451 West St
New York, NY 10014