Music Lessons in Your Home, Studios or Online

Terms of Service

Effective April 25, 2012

Welcome to www.musikalessons.com, the website of Musika LLC. This website is best viewed using a contemporary browser.

Use of this website, and information distributed in conjunction with this website, including without limitation the Musika teacher account management service, is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. Please review these terms carefully. If you do not agree to these terms, you may not access or use this site or its services. The term "Musika" or "us" or "we" or "our" refers to Musika LLC, the owner of the website. The term "site" or "website" refers to musikalessons.com, the website domain of Musika LLC, and any and all public and private subsections of said website domain. The term "Terms" or "Terms of Use" refers to this document and any and all information contained herein. The term "you" refers to the user or viewer of our website.

Musika shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. The most recent version of these Terms of Use may always be found at www.musikalessons.com/terms.php. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on November 21, 2006.

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the content, products or services provided by or through the site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the site, and you should review this Agreement prior to using the site.

You have read and agree to all of the terms and conditions of our Privacy Policy.

You are granted a limited, non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. You may, however, print a copy of each of these documents for your personal records.

Musika grants you a limited, non-exclusive, non-transferable, right to access and make personal use only of this site and its incorporated materials, subject to applicable law and the terms described herein (the "Limited License"). This Limited License does not convey any right or license under any patent, trademark, copyright, or other proprietary right of Musika or any third party, nor does it constitute a transfer of title to the Musika website or any of the materials contained in it. This Limited License is also subject to the following restrictions: 1) any copy of site material must retain all Musika copyright and other proprietary rights notices; 2) this site may not be modified in any manner or copied, displayed, distributed, or otherwise used for any public or commercial purposes; and 3) no derivative use of this site may be made.

If you make unauthorized use of the Musika website, this Limited License will terminate automatically and you may also be in violation of federal and/or state law. 

Musika will seek redress against all violators to the maximum extent permitted by law.

Your license for access and use of the site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by "License and Permitted Uses" above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.

Disclaimer

This website is for informational purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from Musika, for such personal, non-commercial use, provided it is done pursuant to the User Conduct and Obligations set forth herein.

Musika has used its best commercial efforts to obtain the most accurate and timely information available, including information pertaining to currency rates, all of which are complex and subject to rapid change. Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. Musika shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.

Musika reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Musika nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if Musika or such provider has been advised of the possibility of such damages.

THE MUSIKA WEBSITE IS PROVIDED ON AN "AS IS" BASIS. WHILE MUSIKA MAKES REASONABLE EFFORTS TO INCLUDE ACCURATE INFORMATION ON THIS SITE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR THE ACCURACY OF ITS CONTENTS. MUSIKA HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE MUSIKA WEBSITE. IN ADDITION, MUSIKA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE MUSIKA WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Copyrights, Service Marks and Trademarks, Proprietary Rights

All aspects of the Musika website are the property of Musika LLC and are copyrighted 2006. All rights reserved. Unless otherwise stated, no aspect of the website may be copied, downloaded, distributed, republished, displayed, posted or transmitted in any form or by any means, without the prior written permission of Musika LLC.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the website, except as allowed by "License and Permitted Uses" above, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the site. The posting of information or materials on the site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

Musika, Musikalessons.com, the Musika logo, and other identifying marks of Musika are and shall remain the trademarks, service marks or registered service marks, and trade names and exclusive property of Musika LLC, and any unauthorized use of these marks is unlawful. Other trademarks on this website are the property of their respective owners. All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, unless otherwise noted, is the copyrighted property of Musika and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

Notice of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
  4. The address, telephone number or e-mail address of the complaining party.
  5. A statement that the complaining party has 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.
  6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

Musika LLC
305 Madison Ave. Suite 1166
New York, NY 10165
Attention: Intellectual Property Manager
Fax: 1 212 202-3850
E-mail: contact@musikalessons.com

We apologize, but we can only correspond in English.

Confidentiality and Disclosure Notices

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

Limited Liability and Indemnification Notices

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

IN NO EVENT SHALL MUSIKA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE MUSIKA WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR DIMINUTION OF MARKET VALUE, LOSS OF USE, LOSS OF PROFITS OR OTHER FINANCIAL OR ECONOMIC LOSS, OR FOR ANY BUSINESS INTERRUPTION, OR ANY CLAIMS ARISING OUT OF THE USE, COPYING OR DISPLAY OF THIS SITE OR ANY OF ITS CONTENTS, EVEN IF MUSIKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

International Users

The Musika website is maintained by Musika LLC in the State of New York, U.S.A. Musika makes no representation that this site is available or appropriate for use at locations outside the U.S. If you access the Musika website from locations outside the U.S., you are responsible for compliance with pertinent laws. Access to the Musika website from locations where its contents are illegal is prohibited. The laws of the State of New York govern the Musika website without regard to any conflicts of laws principles.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:

  1. transmit through or to this website any content that:
    1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
    2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
    3. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
  2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
  3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
  4. transmit junk mail, chain letters, other unsolicited bulk e-mail or duplicative messages, or any other e-mail that may be constituted as SPAM under the CAN-SPAM Act of 2003;
  5. collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any personal data;
  6. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Musika;
  7. redistribute any content, including personal data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
  8. intentionally alter the format in which personal data is provided by us or otherwise circumvent our regular interfaces to such data; and
  9. embed or import any personal data provided by us into any information services (whether or not web-based), data files or application software, except as except as specifically permitted in writing by Musika.

The foregoing prohibitions expressly include, but are not limited to, the practice of "screen scraping" or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the web site, in any manner or in any quantities not authorized in writing by Musika.

By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.

Miscellaneous

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

You agree that these Terms of Use, our Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, New York, New York, USA.

Musika has sole discretion to modify any of the terms of use for the Musika website at any time without prior notice and such modifications will be effective immediately upon posting on the Musika website. Your continued use of the Musika website constitutes your acceptance of such modifications. Please refer to the terms of use section of the Musika website regularly to familiarize yourself with the applicable terms and conditions as they exist from time to time. Musika may also change, terminate or discontinue the Musika site or any particular feature of the site, as well as your Limited License, at any time, without prior notice.

Contact

If you have any questions or concerns about our website or these Terms of Use, please feel free to contact us at contact@musikalessons.com.

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