Read Me: We offer very powerful tool at no cost to you. In exchange we expect our tutors and students to act with integrity and follow our rules in order to help us maintain our reputation as having users who only respectfully use the system to engage in music tutorials with another individual and to not otherwise abuse our system.
Part A (Applies to All Members MusicLessonsPlus):
3. Eligibility : We require that each tutor be at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years of age and that your use of the Services does not violate any applicable law or regulation. Your uploads may be deleted and your subscription may be terminated without warning, if we have reason to believe you are under eighteen (18) years of age.
4. Charges and Payments : There are no fees to becoming a member of MusicLessonsPlus.org. However, tutors commit herein by signing this terms and conditions that they will provide each pupil with a 20 minute free tutorial.
5. Term, Termination and Removal : Either party may terminate the Term of this Agreement at any time for any reason by providing Notice to the other party. We may suspend our Services to you at any time with or without cause. Once terminated, we may remove any of your electronic information and related data and files from our Website and any other storage. Additionally, if you do not log in to your account for 12 or more months, we may deem your account "inactive" and permanently delete your account and all data associated with it.
6. Account and Password : You are responsible for maintaining the confidentiality of any account name and password chosen by you. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours.
7. Proprietary Rights Owned by Us : You acknowledge that we own all proprietary rights in the Website and the software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.
8. Proprietary Rights Owned by You : You represent and warrant to us that you will not add or upload any content to the Website to create an electronic profile, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.
Part B: Our end of the bargain (we agree):
9. At MusicLessonsPlus we are committed to providing a fully functional user friendly database for music tutors.
10. We will not sell or lend your personal information to any third party companies without your express permission.
11. We will not tamper with or edit your online profile should it not break any of the rules in your agreement.
12. We will advise you of any updates or changes to the MusicLesonsPlus site that may directly affect your public profile.
Your end of the bargain (you agree):
General Rules : You agree to the following:
13. You will not incorporate into your personal profile any photos, graphics or other content that is not created by you, not provided by us for you to incorporate into your profile or you are not otherwise permitted to use.
14. You will not use MusicLessonsPlus to send or communicate anything offensive, to promote anything illegal, or to harass anyone.
15. You will not post on the Website, including in any profile or communications using our Services, any misleading or incorrect name, address, email address, subject line or any other misleading or incorrect information.
16. You will not publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
17. You will not share your password.
18. You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used or downloaded from the Website.
19. You will not include in any profile information or other Services any material, including, but not limited to, text and graphics, the inclusion of which is in violation of any other party's rights, including, but not limited to, copyrights and privacy and publicity rights.
20. You will not set up multiple accounts for any individual, organization or entity or in order to send substantially similar content.
21. You will not import or incorporate into any lists, documents or uploads to our servers any of the following information: Social Security Numbers, passwords, security credentials, or sensitive personal information of any kind.
22. You should only use MusicLessonsPlus to engage in music lessons or discussion with individuals who specifically requested the information from you.
Tutors, you also agree:
All Tutors who wish to register on the MusicLessonsPlus.org website are subject to the following conditions:
23. You will give interested students access to a free 20 minute lesson/consultation (in person) to users who have found you through the MusicLessonsPlus site.
24. You will keep an active and current log of your availability and teaching times.
25. You will provide any member who enquires with your fees per lesson.
26. You will have the option to link your profile with any social networking site at your own discretion.
27. Your address will be hidden from your profile however displaying your phone number is up to your discretion.
28. You agree to not give lessons to any individual or group that violates the MusicLessonsPlus terms and conditions.
29. You allow MusicLessonsPlus.org to share your information with other MusicLessonsPlus programmes and functionalities such as applications “apps”.
Part C: Who Can Use MusicLesonsPlus.org
If you do not meet these eligibility requirements, you may not use the MusicLessonsPlus service:
30. All tutors must be at least 18 years of age, and be able to form legally binding contracts under applicable law.
31. You must complete the registration process and agree to the terms of this Agreement. All contact information you submit must be true, complete, and up to date.
32. MusicLessonsPlus does reserve the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion.
Part D: Data Archival
33. Our servers store tons of data. Occasionally, we need to archive and/or delete some of it to make room for new data, so that we don't have to keep raising prices/start charging you a fee in order to afford more and more servers.
Part E: Other Legally Bits
34. No Warranties: to the maximum extent permitted by law, the material on this website and the services (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.
35. Limitation of Liability: to the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages.
36. Indemnity : You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a "Limitation of Liability" or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement.
37. Attorney Fees : In the event we file an action against you claiming you breached this Agreement and seeking to recover liquidated damage and/or other relief, and we prevail, we shall be entitled to recover reasonable attorney's fees in addition to any damages or other relief which we may be awarded.
38. Disclaimers : We disclaim and are not responsible for the behaviour of any advertisers, linked websites or other users.
39. Reporting Violations : If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our
40. Assignments : You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.
41. Compliance With Law : In using the Services, you agree that you will comply with all applicable laws.
42. Applicable Law and Jurisdiction :
Part F: Additional Provisions Applicable to All Members
43. Force Majeure : We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slowdowns over the internet or any third party internet service providers.
44. Survivability : The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
45. Severability : The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
46. Interpretation : The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
49. Further Actions : You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.
50. Amendments : No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.
51. Notices : Any notice to you will be effective when sent to the last email or physical address you have given us or posted on our Website.
52. No Changes in Agreement at Request of Member : Because of our huge number of Members, we cannot, as a practical matter, change this Agreement for any one Member or group of Members. If we did that, keeping up with the changes alone would be a logistical nightmare. In addition one reason we are able to offer one of the most powerful email/electronic newsletter creation, distribution and management systems at a low price is that we are able to use this Agreement to reduce our financial risks.