|
|
Terms
Of Use
This Agreement
is your entire agreement with PianoMagic.com and governs your use
of the Members Only Area. To
become a member of PianoMagic.com, you must be at least 18 years
old. If you are not yet eighteen years old, you may still use PianoMagic.com,
but only if the account was created and registered by your parent
or guardian.
- When you
accept this Agreement and complete the PianoMagic.com registration
process, you are provided with a limited, non-exclusive membership
for no more and no less than the term of your membership. Membership
is renewable if you so desire. Renewal of membership is not
automatic and must be completed manually by you. Also, PianoMagic.com
reserves the right to offer membership renewal at whatever rate
it deems appropriate.
- Because
you are responsible for all use of your membership, it is important
that you not reveal or give out your password to other users.
You agree not to reveal your password to other users and you agree
to indemnify and hold PianoMagic.com harmless for any improper
or illegal use of your account. Your account is at risk by giving
out your password. If your membership is terminated for violating
this Agreement, express permission from PianoMagic.com will be
necessary before you are allowed to use the service again.
Membership
Fees
PianoMagic.com
reserves the right to change the membership fee and PianoMagic.com
is not obligated to provide notice of any such change until it occurs.
Current members of PianoMagic.com will be unaffected by such changes
in membership fees until their membership expires. In addition,
PianoMagic.com also has the right to charge additional fees for
products or services that may be offered within this web site, including
the members only area.
You may
cancel your membership at any time, but PianoMagic.com will not
refund any portion of the membership fee when you cancel your membership.
Your automated membership will begin as soon as the registration
process is completed and will automatically expire at the end of
your membership term.
As the
individual member, you are responsible for all charges incurred,
including applicable taxes and purchases made by you or anyone you
allow to use your account, including your children, other members
of your family or friends. This means unless your account or credit
card information is obtained unlawfully or fraudulently by someone
other than those authorized to use your account, you will be solely
responsible for all usage under your membership.
Content
By content,
we mean the text, communications, images, sounds and other information
provided online. All content on PianoMagic.com is provided by PianoMagic.com
and our members. PianoMagic.com does not pre-screen content
available on the PianoMagic.com service. PianoMagic.com does not
assume any responsibility or liability for content that is provided
by others. PianoMagic.com does reserve the right to remove content
that, in PianoMagic.com's judgment, does not meet its standards,
but PianoMagic.com is not responsible for any failure or delay in
removing such material.
One of the
most exciting aspects of this medium is that individual members
have the ability to ask questions, give answers, voice their own
opinions and consult directly with the instructor and creator of
Piano Magic, Michael Anderson. We encourage members to participate
and express their views, but it is important to remember there are
rules and standards that you must abide by as a PianoMagic.com member.
These rules and standards are described in the Guidelines below.
As a PianoMagic.com member,
you agree to follow the Guidelines and you acknowledge that PianoMagic.com
has the right to enforce them in its sole discretion. This means
that if you, or anyone using your account, violate the Guidelines,
PianoMagic.com may take action against your account. This can range
from the issuance of a warning about a violation to the termination
of your account. You understand PianoMagic.com is not required to
provide notice prior to terminating your account for violating these
rules and standards, but it may choose to do so. Because of the
changing nature of the Internet and Online Services, the Guidelines
may change at any time.
Guidelines
Please bear
in mind that these are only guidelines; there is always a "gray
area."
- When communicating
with others through the discussion forums, use your best judgment.
Ask yourself if this is something you would say in a room full
of people you never met, or in the workplace. Communicate as if
your children and mother were looking over your shoulder. However,
PianoMagic.com makes the final determination about whether content
is objectionable or not.
- The content
posted on PianoMagic.com may not be monitored every day and we
do not attempt to do so. It is possible (though unlikely) you
may encounter something you don't want to see. You can ignore
it, but we prefer you report it to us directly
by email. Good judgment is important, especially when you
encounter the opinions of others. PianoMagic.com does not endorse
or oppose opinions expressed by our members, but we may take issue
with the manner in which the opinion is expressed. Hate speech
is never allowed.
Proprietary
Rights
ALL of the
content available on PianoMagic.com is owned by Michael Anderson
& Associates, Inc, and is protected by copyrights, trademarks,
and other intellectual property rights. All Rights Reserved
by Michael Anderson & Associates, Inc, and PianoMagic.com.
Do not reprint,
republish, repost, or otherwise distribute or transmit content or
images presented on this site. Downloading and printing is easy,
but just because you may be able to copy our content doesn't mean
you own it.
As a member
of PianoMagic.com, you may print one copy of whatever text you wish
to keep for personal use only, and you may download a personal copy
of any video, audio or image file that you wish to keep for personal
use only. Unauthorized use, copying or distribution of our content,
trademarks and other proprietary material can be traced and will
subject you to civil or criminal liability. At the time of this
writing, violations of copyright may be held liable for up to $150,000
per infringement. For your protection, please do not violate our
copyright.
No solicitation,
advertising, trading of goods or services, or other commercial use
is allowed. No bulk e-mail, junk mail or spam, chain letters, or
repeat postings of the same message is permitted anywhere on the
forums.
Bear in mind
that some areas of PianoMagic.com may be "public", like message
boards or forums, and other members will have access to your posted
material and might copy, modify or distribute it. By submitting
or posting content there, you are representing that you are the
owner of such material or have authorization to distribute it. Once
you post content on PianoMagic.com, you expressly grant PianoMagic.com
the complete right to use, reproduce, modify, distribute, etc. the
content in any form, anywhere.
MEMBER EXPRESSLY
AGREES THAT THE USE OF PIANOMAGIC.COM IS AT MEMBER'S
SOLE RISK. PIANOMAGIC.COM IS PROVIDED "AS IS" AND
"AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE
OF EXCLUSION. THE PIANOMAGIC.COM SERVICE DOES NOT
GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE
AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT PIANOMAGIC.COM
OR IT'S INTERNET PROVIDER WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE
AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
PIANOMAGIC.COM'S
ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE
WITH PIANOMAGIC.COM IS THE CANCELLATION OF YOUR
MEMBERSHIP ACCOUNT AS DETAILED BELOW. IN NO CASE SHALL PIANOMAGIC.COM
BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF PIANOMAGIC.COM,
THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP
WITH PIANOMAGIC.COM.
Upon a request
by PianoMagic.com, you agree to defend, indemnify and hold harmless
PianoMagic.com and its employees, contractors, officers, directors,
telecommunications providers and content providers from all liabilities,
claims and expenses, including attorneys fees, that arise from a
breach of this Member Agreement for which you are responsible or
from the use of PianoMagic.com or the Internet, or in connection
with your transmission of any Content on PianoMagic.com. PianoMagic.com
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by a Member. In that event, the member shall have no further obligation
to provide indemnification for PianoMagic.com in that matter.
Termination
and Cancellation
Either you
or PianoMagic.com may terminate or cancel your membership at any
time. You understand and agree that the cancellation of your membership
is your sole right and remedy with respect to any dispute with PianoMagic.com.
This includes, but is not limited to, any dispute related to, or
arising out of:
- Any term
of this Agreement or PianoMagic.com's enforcement or application
of this Agreement;
- Any policy
or practice of PianoMagic.com, including PianoMagic.com's Guidelines
and the PianoMagic.com Privacy Policy, or PianoMagic.com's enforcement
or application of these policies;
- The content
available through PianoMagic.com or the Internet or any change
in content provided through PianoMagic.com;
- Your ability
to access and/or use PianoMagic.com; or
- The amount
or type of fees, surcharges, applicable taxes, billing methods,
or any change to the fees, applicable taxes, surcharges or billing
methods.
- Your Membership
is paid before you enter PianoMagic.com and your Membership automatically
expires one year later (365 days). Upon expiration of your PianoMagic.com
Membership, you will be directed to the Registration page where
you may renew, if so inclined.
- In the
event that your account is suspended, terminated or canceled,
no refund, including any membership fees, will be granted.
Active PianoMagic.com Members may not allow former Members or
other agents whose memberships have been terminated to use their
accounts. Any accounts with unresolved issues with PianoMagic.com
must be resolved and concluded before you may re-enter or re-register
with PianoMagic.com.
Law
and Legal Notices
The Member
Agreement represents your entire agreement with PianoMagic.com.
You agree that this Member Agreement is not intended to confer and
does not confer any rights or remedies upon any person other than
the parties to this Agreement. You also understand and agree that
the Guidelines and the PianoMagic.com Privacy Policy, including
PianoMagic.com 's enforcement of those policies, are not intended
to confer, and do not confer, any rights or remedies upon any person.
If any part of this Agreement is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force
and effect. The laws of the State of Georgia, excluding its conflicts-of-law
rules, govern this Agreement and your membership. As noted above,
member conduct may be subject to other local, state, national, and
international laws.
You expressly
agree that exclusive jurisdiction for any claim or dispute with
PianoMagic.com or relating in any way to your membership or your
use of PianoMagic.com resides in the courts of Georgia and you further
agree and expressly consent to the exercise of personal jurisdiction
in the courts of Georgia in connection with any such dispute
including any claim involving PianoMagic.com or its employees, contractors,
officers, directors, telecommunication providers and content providers.
You agree
to abide by U.S. and other applicable export control laws and not
to transfer, by electronic transmission or otherwise, any content
subject to restrictions under such laws to a national destination
prohibited under such laws, without first obtaining, and then complying
with, any requisite government authorization. This assurance and
commitment shall survive termination of this agreement. Control
laws also prohibit nationals of some countries from gaining access
to certain content on PianoMagic.com.
Copyright
and Trademark Law
All editorial
content and graphics on this site are protected by U.S. copyright
and international treaties and may not be copied or re-used without
the express written permission of Michael Anderson & Associates,
Inc. and Pianomagic.com, which reserves all rights .
|
|
