Welcome to PianoByAndrew.com! By visiting PianoByAndrew.com (the “Site”), you are subject to and accept these Terms and Conditions, which may be updated from time to time without prior notice. You can review the most current version at any time by viewing this web page. Please also review the Privacy Policy, which also governs your visit to the Site. Collectively, these documents constitute an “Agreement” between you and Andrew Brothers (the “Owner”) regarding your use of the PianoByAndrew.com website.
Purpose of the Website
The purpose of the Site is to allow users to gain access to information about musical education, access their account, contact the piano instructor, and the like. To gain access to these products or services, you must submit certain personal information. This information will be used by the Owner to assist you. To assure the value of the products and services provided to you, you agree that you will provide accurate and complete information.
Copyright and Trademarks
© 2018 Andrew Brothers. All content included on the Site, such as text, graphics, logos, buttons, icons, images, audio clips, video, digital downloads, and/ or data compilations, are the exclusive properties of the Owner or other third parties and are all subject to copyright and other intellectual property protection laws. The Site name and all other trademarks and service marks indicated on the Site are the properties of their respective owners. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Framing of any content is strictly prohibited.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Site’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any content, and you will not delete or alter any proprietary rights or attribution notices including, but not limited to, watermarks. You will use content solely for your personal use, and will make no other use of the content without the express written permission of the Owner and/ or the copyright owner. You agree that you do not acquire any ownership rights to any content contained on the Site. You are not granted any licenses, express or implied, to the intellectual property or content except as expressly authorized by these Terms and Conditions.
Content Use and Generation
Every effort will be made to contact students prior to the public posting of photos or video that includes their likeness but in some cases, that may not be possible. If at any time, you would like content removed that directly represents you or your child, simply contact the Owner in writing using the methods at the bottom of this document. If you find content that does not directly represent you or your child to be disturbing or inflammatory, simply discontinue use of the Site, or bring the content to the Owner’s attention by contacting the Owner in writing. The Owner will take whatever action they deem appropriate within their sole discretion.
By allowing the Owner in writing to post content to the Site that represents you or your child, you grant the Owner a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of that content, including without limitation names, trademarks, service marks or logos, for the limited purpose of marketing and promotional activities for the Site. For example, we may feature recital photos on an event page or on social media accounts. This does not affect any rights you may have under applicable data protection laws.
You agree no royalty, fee, or other compensation shall become payable to you by reason of such use and acknowledge that you are giving up all claim of ownership to the photographs and/or video, and release Andrew Brothers and his agents from any and all claims which arise out of or are in any way connected with such use.
The Owner welcomes your feedback, ideas or suggestions, but you agree that they may use your feedback without any restriction or obligation, even after this Agreement is terminated.
License
The Owner grants you a limited non-exclusive, non-transferable, revocable license to access and make personal use of the Site and not to download or modify it, or any portion of it, except with the express written consent of the Owner. The Site, or any portion of it, may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of the Owner.
Digital Millennium Copyright Act (DMCA)
Claims of Copyright Infringement & Related Issues (17 USC § 512 et seq.)
The Owner respects the intellectual property rights of others and expects visitors to the Site to do the same. Per the DMCA, the Owner will expeditiously respond to claims of copyright infringement on the Site if submitted in writing. Upon receipt of a notice alleging copyright infringement, the Owner will take whatever action they deem appropriate within their sole discretion, including removal of the allegedly infringing materials. Please be aware that there are substantial penalties for false claims.
If you believe that your intellectual property rights have been violated by the Owner or by a user or a third party who has uploaded materials to the Site, please contact the Owner and provide the following information in writing. The Owner must receive your signed statement by mail or as an email before any action will be taken:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material you claim is infringing is located on the Site;
- An address, telephone number, and email address where the Owner or third party can contact you;
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
- Your electronic or physical signature.
The Owner may request additional information before removing any allegedly infringing material. In the event the allegedly infringing materials are removed, you will be notified, and every effort will be made to notify the person responsible for posting such materials, if applicable. The Owner may also provide the responsible third party with your email address so that the person may respond to any allegations.
The Owner reserves the right to terminate, limit or suspend any user’s access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please contact the Owner and include a list with sufficient information to assist them in determining that the user repeatedly engaged in infringing activity.
This information should not be construed as legal advice. For further information about the DMCA, please visit the website of the United States Copyright Office at www.copyright.gov.
Security
The Owner is committed to providing an easy to use and enjoyable website experience. Technical, administrative, and physical security measures are designed to provide you with this positive experience.
When using the Site, you are not permitted to circumvent the Site’s security features. Such behavior will likely lead to termination of your user account and may result in a notification to applicable legal authorities.
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
The Internet, by the nature of how it is formed and functions, is not entirely secure. The Owner does not and cannot guarantee or warrant that the Site is impenetrable, or that transmissions and use of the Site will be free from delay, interruption, interception, or any other form of error.
Registration
When you use the Site, it may be necessary to create a user account, which constitutes registration. You are responsible for ensuring the security of your username, password and user account information from unauthorized access, use, or disclosure to others, and you agree to accept responsibility for all activities that occur under your username, account and/ or password. You may not assign or otherwise transfer your account to any other person or entity.
You agree to (a) keep your username, password and user account information safe and utilize it in a secure manner; (b) ensure that you log out from your user account at the end of each session; (c) immediately notify the Owner of any unauthorized use of your username, password and/ or user account and/ or any other breach of security. While the Owner uses technologies and procedures designed to protect confidential information and provide suitable security, no security measures are impenetrable. The Owner does not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception, or any other form of error.
Furthermore, you acknowledge the Owner is not responsible for third party access to your account that results from theft or misappropriation of your account. The Owner and its affiliates and third party service providers reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at their sole discretion.
Links to Other Sites
The Owner may include third party content and links on the Site (such as music stores, social platforms, local events, etc.). The Owner may post information about, or links to, these sites or events as a service to any users who may be interested. The Owner is not responsible for the contents of any link to or from the Site. The Owner does not endorse the policies or practices of, or opinions expressed on, other websites linked to or from the Site; nor does the Owner make any representations or warranties with respect to the accuracy of any items or claims contained on other websites. Any links are provided for you only as a convenience, and the inclusion of any link does not imply endorsement by the Owner of the services, their sites, their contents or any sponsoring organization.
Electronic Communications
Visiting the Site or sending emails to the Owner constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications provided to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
The Owner and its affiliates and third party service providers give you the opportunity to opt out of any such communication. Clear directions for opting out of automated communications accompanies emails you receive from the Owner.
WHEN YOU SUBMIT A FORM OR OTHERWISE ENGAGE IN ANY TYPE OF ELECTRONIC COMMUNICATION, YOU ARE THEREBY PROVIDING EXPRESS WRITTEN CONSENT TO RECEIVE AUTOMATED MESSAGES CONTAINING INFORMATION AND ADVERTISEMENTS COMMUNICATED VIA EMAIL, LANDLINE PHONE, CELL PHONE, AND TEXT MESSAGE, ABOUT THOSE SERVICES PROVIDED BY THE OWNER, AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS.
Obligations of Users
By completing any forms on the Site, you agree that:
- You are of legal age and are otherwise capable of forming a legally binding contract;
- You are interested in registering for piano lessons or are interested in registering a minor for piano lessons;
- You agree to be contacted by email or other means by the Owner or a member or affiliate of the Owner regarding piano lessons, supplies, giveaways, and the like.
“Do Not Track” Signals
Your browser settings may allow you to automatically transmit a “do not track” signal to websites and online services you visit. At this time, there is no consensus among industry participants as to the meaning of “do not track” in this context. Like many other websites, the Site is not configured to respond to “do not track” signals from browsers.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY THE OWNER ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OWNER DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNER WILL NOT BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
The material contained on the Site is offered as informational only and does not constitute financial, accounting, legal or other professional advice.
On occasion, information on the Site, such as news, information, and prices, may be outdated or otherwise incorrect. Every effort will be made to provide updated information, however the Owner accepts no responsibility for any information that is out of date or otherwise invalid.
Indemnification
You agree to indemnify, defend and hold harmless the Owner, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Owner reserves the right, at their own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Owner in asserting any available defenses.
Governing Law
By visiting the Site, you agree the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Terms and Conditions and/ or any dispute of any sort that might arise between you and the Owner or its partner or affiliates.
Any dispute relating in any way to your use of the Site will be submitted to confidential and binding arbitration in Arizona, except to the extent that you have in any manner violated or threatened to violate the Owner’s intellectual property rights, the Owner may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement will be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
Other Policies, Modification and Severability
Other policies posted on the Site also govern your visit and use. The Owner reserves the right to make any changes to the Site, policies, and these Terms and Conditions at any time. If any of these provisions are deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity or enforceability of any remaining provisions.
Termination
The Owner reserves the right, in their sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Acceptance of Terms and Conditions
By your use of the Site, you agree that you have read, understand and agree to abide by this Agreement and the documents it incorporates.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Owner as a result of this Agreement or use of the Site. The Owner’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Owner’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Owner with respect to such use.
Unless otherwise specified herein, this Agreement constitutes the entire understanding between any user of the Site and the Owner and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between any user and the Owner with respect to the Site.
If you have questions or concerns or would like to opt out of certain methods of sharing, please contact the Owner in writing by sending a detailed message to:
Andrew Brothers
8730 N. 67th Ln, Peoria, AZ, 85345
brothers.andrew88@gmail.com
Current as of August 8, 2018