Terms of Use

TERMS OF USE
Effective as of May 2019
 
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “you” or “user” or with “your”) AND MUSIC MASTERY LLC (referenced herein as “Music Mastery”) THAT APPLIES EACH TIME YOU USE OR ACCESS ITS PRODUCTS, SERVICES, SOFTWARE, FUNCTIONALITY AND MATERIALS PROVIDED THROUGH ITS INTERNET PROPERTIES INCLUDING, WITHOUT LIMITATION, WWW.MUSICMASTERY.COM AND ANY SOCIAL MEDIA SITES, MOBILE APPLICATIONS AND MOBILE VERSIONS THEREOF (collectively referenced herein as the “Music Mastery Site”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR USE OF THE MUSIC MASTERY SITE. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE MUSIC MASTERY SITE. 
 
 1. LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicensable license to use the Music Mastery Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the Music Mastery Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the Music Mastery Site or any materials through the Music Mastery Site for any commercial or unauthorized purposes. If you wish to make use of the Music Mastery Site (or its information) other than as set out herein, you may contact Music Mastery using the contact information set forth below. 
2. LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. Music Mastery transfers no ownership or intellectual property interest or title in and to the Music Mastery Site to you or anyone else. Further, Music Mastery reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Music Mastery Site. 
3. USER OBLIGATIONS. By accessing or using the Music Mastery Site, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Music Mastery Site, including, without limitation, when you provide information via a Music Mastery Site submission (or registration). Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Music Mastery Site only with the involvement and acceptance of this TOU by a parent or legal guardian. If you are accessing or otherwise using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOU. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Music Mastery Site. You also acknowledge and agree that use of the Internet and the Music Mastery Site is solely at your own risk. 
4. ACCOUNT. Registration for access to and use of particular areas or functionality of the Music Mastery Site may require access credentials, such as a username and password, or adherence to other particular access requirements as designated by Music Mastery in its sole discretion from time to time. You hereby agree to consider and maintain your access credentials as the confidential information of Music Mastery. You shall immediately notify Music Mastery if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials. 
5. PROPRIETARY RIGHTS. Copyright © 2019 Music Mastery LLC and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Music Mastery Site, unless otherwise indicated, are owned by Music Mastery and/or its licensors. MUSIC MASTERY, the Music Mastery logo, and all other names, logos, and icons identifying Music Mastery and its products (or services) are proprietary trademarks of Music Mastery, and any use of such marks without the express written permission of Music Mastery is strictly prohibited. Other service, product, or company names mentioned may be the trademarks and/or service marks of their respective owners. 
6. USER CONTRIBUTIONS. The Music Mastery Site may provide access to communication and other interactive features and functionality where you can share and exchange information or content (with such shared or exchanged information or content referenced collectively as “User Contribution(s)”). You agree that by using the Music Mastery Site you will not upload, post, display, or transmit any of the following: • anything which harasses, threatens, offends, or in any way violates or infringes on the rights of others; • anything which involves the impersonation of any other person or entity; • anything which constitutes junk mail, spam, or unauthorized advertising; or • anything which is unlawful. Music Mastery reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any User Contribution(s). Further, Music Mastery shall not have any obligation to utilize any User Contribution(s). 
7. PERMISSION TO USE USER CONTRIBUTIONS. By submitting any type of a User Contribution(s), you automatically and hereby grant to Music Mastery a perpetual, royalty-free, transferable, sublicensable, and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such User Contribution, without additional approval or consideration, in furtherance of and in connection with the operation of the Music Mastery Site and its related business activities, and you hereby waive any claim to the contrary. You represent that you have all necessary rights to make a User Contribution(s) available to Music Mastery, and you also acknowledge that Music Mastery has no control over the extent to which any idea or information (in a User Contribution) may be used by any party or person once it’s posted or displayed. 
8. NO PRE-SCREENING OF USER CONTRIBUTIONS. Music Mastery is not responsible for pre screening or editing your or any other user’s User Contributions and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any User Contributions. Moreover, Music Mastery does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by Music Mastery) and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any User Contribution displayed, uploaded, or distributed by you or any other user. Nevertheless, Music Mastery reserves the right to monitor, delete, access, read, preserve, disclose, or take other action with respect to User Contributions that Music Mastery believes in good faith violates this TOU and/or is, or is potentially, unlawful or harmful to Music Mastery, its services, or goodwill. If you violate this TOU, Music Mastery may, in its sole discretion, delete the unacceptable content from your User Contribution, remove or delete the User Contribution in its entirety, issue you a warning, and/or terminate your use of this Music Mastery Site. 
9. DMCA Takedown Policy. It is Music Mastery’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). Music Mastery respects the intellectual property of others. Users who believe that their intellectual property rights have been infringed through the online services provided by Music Mastery may contact Music Mastery through their authorized agent and request that the infringing material be removed or access to it blocked. Music Mastery’s designated “Agent for Notice” of claims of copyright infringement can be reached as follows: Music Mastery LLC; [email protected]; 646-256-7584. Proper notification of copyright infringement must be sent to Music Mastery’s Agent for Notice (as designated above) and must include the following information: • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; • 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 Music Mastery to locate the material; • information reasonably sufficient to permit Music Mastery to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; • 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; and • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please place the following label, “Notice of Infringement,” in the subject line of all such communications to Music Mastery. Music Mastery will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the user responsible for the material about said removal. 
10. FEEDBACK. Music Mastery welcomes your feedback and suggestions about Music Mastery’s mission, services, or with respect, how to improve the Music Mastery Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Music Mastery, you represent and warrant that you own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty free license for Music Mastery to use such Feedback in any manner, for any purpose in furtherance of Music Mastery’s mission, and in any medium. 
11. PRIVACY POLICY. Please see our page at https://www.musicmastery.com/pages/privacy-policy to go to Music Mastery’s Privacy Policy for a summary of Music Mastery’s personally identifiable information collection and use practices. You further agree that any such notices, agreements, disclosures, or other communications that Music Mastery sends you electronically (using the contact information you provide through the Music Mastery Site) will satisfy any legal communication requirements. 
12. LINKS TO OTHER SITES. Music Mastery may provide links, in its sole discretion, to other third-party websites and/or provide access to social media platforms. Such other sites, including social media platforms, are maintained by third parties over which Music Mastery exercises no control. These links do not imply an endorsement with respect to any third party or the information, products, or services provided by any third party unless Music Mastery expressly states otherwise. 
13. DISCLAIMER. THE MUSIC MASTERY SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MUSIC MASTERY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MUSIC MASTERY ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION OR SERVICES PROVIDED BY OR AVAILABLE THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ACCESS TO OUR USE OF ANY THIRD-PARTY CONTENT OR SITES. 
14. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE MUSIC MASTERY FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND MUSIC MASTERY’S CONTROL. MOREOVER, IN NO EVENT SHALL MUSIC MASTERY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE MUSIC MASTERY SITE OR WITH THE DELAY OR INABILITY TO USE THE MUSIC MASTERY SITE, EVEN IF MUSIC MASTERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF MUSIC MASTERY FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE MUSIC MASTERY SITE AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE MUSIC MASTERY SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES, AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MUSIC MASTERY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 
15. ENFORCING SECURITY. Music Mastery wishes to keep the Music Mastery Site as a safe and productive resource. You therefore may not use the Site or any of Music Mastery’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. Music Mastery reserves the right to view, monitor, and/or record activity on the Music Mastery Site in order to maintain security of the Site. Such recorded activity is subject to review by law enforcement organizations. Music Mastery will also comply with all court orders or subpoenas involving requests for information. Music Mastery reserves the right at any time to suspend or terminate operation of or access to the Site or any portion of the Site. 
16. INJUNCTIVE RELIEF. You agree that Music Mastery shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Music Mastery post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Music Mastery to enforce any provision of this TOU. 
17. TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you register, respond through the Music Mastery Site to a request for information, and/or begin downloading, accessing, or using the Music Mastery Site, whichever is earliest. Music Mastery reserves the right at any time and on reasonable grounds to deny your access to the Music Mastery Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Music Mastery Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Music Mastery Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Music Mastery Site in your possession. The provisions concerning Music Mastery’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason. 
18. GOVERNING LAW. The Music Mastery Site is controlled and operated by Music Mastery from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of State of New York as applied to agreements entered into and completely performed in the State of New York. Any action to enforce this TOU will be brought in the courts presiding in the State of New York, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the Music Mastery Site may not be legal by certain persons or in certain countries. If you access the Music Mastery Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 
19. WAIVER AND SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Music Mastery of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect. 20. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and Music Mastery as a result of this TOU or your utilization of the Music Mastery Site. This TOU represents the entire agreement between you and Music Mastery with respect to use of the Music Mastery Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Music Mastery with respect to the Music Mastery Site. You may not assign or transfer any rights under this TOU without the prior written consent of Music Mastery. Please note that Music Mastery reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or emailing notice thereof to you. In addition, Music Mastery may add, modify, or delete any aspect, program, or feature of the Music Mastery Site, but Music Mastery is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Music Mastery Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis. 
21. CONTACT INFORMATION. If you have questions regarding the Music Mastery Site or if you are interested in obtaining more information concerning Music Mastery, please contact Music Mastery LLC, 3000 Marcus Ave, Suite 1W5, Lake Success, NY 11042.  
 
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