Modern Music Masters, Inc.
Terms of Service
Last Updated: September 4, 2018
- AGREEMENT & ACCEPTANCE OF TERMS
- CHANGES & MODIFICATIONS TO TERMS OF SERVICE
- COOKIES POLICY
- REGISTRATION INFORMATION & SUBSCRIPTION MEMBERS/STUDENTSHIP
- SERVICE FEES & CHARGES
- BILLING FOR SERVICES & PAYMENT METHODS
- TERM OF SUBSCRIPTION MEMBERS/STUDENTSHIP
- TERMINATION & SUSPENSION OF SUBSCRIPTION MEMBERS/STUDENTSHIP
- CANCELLATION & REFUNDS
- MEMBERS/STUDENTSHIP ACCOUNT, PASSWORD SECURITY
- ELECTRONIC COMMUNICATION POLICY
- LICENSE TO USE WEBSITE
- USE OF THIRD-PARTY PAYMENT SERVICES
- THIRD-PARTY EXTERNAL WEBSITES & THIRD-PARTY APPLICATIONS
- GIFTS & PROMOTIONS
- CUSTOMER SERVICE
- USE OF INFORMATION SUBMITTED
- INTELLECTUAL PROPERTY
- DITIGAL MILLENNIUM COPYRIGHT ACT (DCMA) NOTIFICATIONS
- ENFORCEMENT OF ACCEPTABLE USE POLICY
- LIMITATION OF LIABILITY
- EVENT OF FORCE MAJUERE
- ENTIRE AGREEMENT
- WAIVER & SEVERABILITY
- CUMULATIVE RIGHTS
- GOVERNING LAW & VENUE
- NO THIRD-PARTY BENEFICIARIES & CLAIM LIMITATION
- DISPUTE RESOLUTION & MANDATORY ARBITRATION
- CONTACT INFORMATION
AGREEMENT & ACCEPTANCE OF TERMS
Welcome to Modern Music Masters, Inc. (MMM) at Thinkific.com, home to the very best in streaming video music instruction via online courses taught by true Masters of their instruments and craft.
This Website, mmmlearn.thinkific.com (the “Site”), which includes, without limitation, all web content and underlying software and technology, is a copyrighted work belonging to Modern Music Masters, Inc. (the “Company,” “we,” “us,” and “our”). These Terms of Service (the “Terms”) govern the use of the Site, and govern the Site Users’ (the “Users,” “Member(s)” ‘Student(s)” “you” and “your”) access to the Site.
These Terms also govern each Member’s enrollment in any of the “Payment Plan(s),” or “Service(s)”) via creation of a Student Account (the “Account”), and govern use of the Service(s) available through the Site.
After enrolling via a Payment Plan with our Company and creating a Student Account as part of a purchase, you will be able to view and/or hear an assortment of video, audio, data, interactive, and other content, depending on the actual Service(s) you purchased.
These Terms apply to all Users, Members/Students, and any other visitors who access or use this Site or Service. “Use” of or “using” this Site or Service incudes, without limitation, navigating to or between our webpages, clicking any items on webpages, inputting information, or subscribing to or partaking in our Service in any way.
These Terms constitute a binding legal agreement between you and the Company. By using our Company’s Service and Site, you are confirming that you are at least 18 years of age and are legally eligible to enter into a binding legal agreement. You warrant that you have full authority and capacity, legal or otherwise, to use the Site and Services.
You CANNOT become a Member/Student of any Payment/Subscription Plan if you DO NOT ACCEPT ALL TERMS. Any new subscription requests received by our Company will not be processed until the potential new Member has agreed to the Terms and checked the box “ACCEPT” when completing registration. Any new Member will not be enrolled into the Service, and the Service will not be activated until the new Member has agreed and chose to ACCEPT the Terms.
CHANGES & MODIFICATIONS TO TERMS OF SERVICE
Our Company reserves the right to modify, add to, restate, suspend, or terminate all or part of the Site or Service at any time with or without providing prior notice to Members/Students or Users. This includes the right to create limits on Members/Students’ use of the Service. You agree we are not liable to you or any third-party for using or enforcing the rights stated in this paragraph. Unless we otherwise indicate, any future modifications to the Site are subject to these Terms. All modifications shall be effective immediately upon being posted on our Company’s Site.
Unless explicitly stated otherwise, any new feature that augments or enhances the current Service shall be subject to these Terms of Service. You understand and agree that the Service is provided “AS IS” and that the Company assumes no responsibility for the timeliness, deletion, non-delivery of notifications, or failure to store any user communications or personalized information. We have no obligation to retain any of your Account information or content for any period of time beyond what may be required by applicable law.
Members/Students are responsible for reviewing these Terms regularly. Continued use of the Service shall be deemed to be conclusive acceptance of all modifications to any Terms of Service.
Information is available in our Policy regarding a User’s ability to “Opt-Out” of certain Cookies. However, any opt-out settings are set up by the User individually on their own device. Please be aware that opting-out of some or all Cookies may affect some of the features and use of our Site.
REGISTRATION INFORMATION & SUBSCRIPTION MEMBERSHIP/STUDENTSHIP
SERVICE FEES & CHARGES
The basic account fees (“Service Fees”) shall be provided at the rates set out in the Modern Music Master’s pricing plan at the time of purchase, plus any applicable taxes that may apply. The Company may from time to time modify the Service Fees, including offering promotional rates under these Terms.
If for any reason payment is not effected through the Member’s credit or debit card and payment becomes past due, the Company may contact the Member via email on file to notify Member that the current listed payment method has failed, and ask the Member to provide a different payment method. The Member may receive a message from the Site that their Account has been suspended during the period of unresolved non-payment. Members/Students are responsible for any fees, including late fees, collection fees, and attorney fees that the Company may assess or incur in its efforts to collect any amounts due and owing.
BILLING FOR SERVICES & PAYMENT METHODS
Service Fees shall be paid credit or debit cards, or other means as may be printed on invoices or posted on our website. Billing may be made by a third party, and payments are processed through a secure third-party website. Members/Students shall pay their initial Service Fee in advance, at times and rates set out in the pricing plan. The Company reserves the right to change the billing process at its discretion. If the billing process is updated, our Company will provide the Member notice in writing via email on record within 30 days to let them know of such changes
TERM OF SUBSCRIPTION MEMBERS/STUDENTSHIP
The term of any annual (or monthly) Purchase Plan shall be for one (1) full year (or one full month for monthly plans) from the date of registration/payment. The Service shall discontinue at the end of that one calendar year ( or month for monthlies) from registration date, unless the Member takes steps to renew their Service Plan for an additional term (year or month).
TERMINATION & SUSPENSION OF SUBSCRIPTION MEMBERS/STUDENTSHIP
Our Company has the right to suspend, restrict, or terminate a Member’s use of the Service and to refuse any future use of all Services if our Company has reason to believe that the Member has failed to comply with these Terms, or has failed to make necessary payments for service. Additionally, a Member has the right to terminate their account and the Service at any time by notifying the Company through the below listed Contact Information. If you or the Company terminates the Agreement or if the Company suspends your access to the Service for cause such as non-compliance with Terms or failing to pay a Service Fee, you agree that our Company shall have no liability or responsibility to you, and the Company is not under any obligation to refund any amounts that would have already been paid by you to use the Service.
CANCELLATION & REFUNDS
Once a Subscription Service Plan is purchased, the initial subscription cost (the “Service Fee”) is deemed completely earned and fully payable to Modern Music Masters, Inc. The Service Fee is fully payable and nonrefundable for the entire duration of the Service Plan, (except as further specified below in this section) regardless of how many times a Member accesses their Account and uses the Service during the Service period.
Members/Students understand that they are paying for the right to have an Account with access to the Service, regardless whether they choose to regularly access and use the Service.
A Member has a right to cancel their subscription to the Service Plan at any time throughout the Service’s duration. To do so, Member needs to contact the Company directly via the information provided through the below listed Contact Information. However, a Member is not entitled to a refund, partial or full, for the Service just by cancelling their subscription to the Service.
Full refunds may only be available to a Member who has recently signed up for the Service, but has chosen to cancel the Service within fourteen (14) days of registering on this Site. A Member who cancels within this 14-day period may be entitled to the entire amount of the Service Fee paid minus a processing fee. However, our Company reserves the exclusive right to refuse any refund request, or to refuse to prorate any refund request of the Service fee, even within the first fourteen (14) days of service if there is evidence that the Member has copied, recorded, screen-scraped, or otherwise illegally recorded or replicated our content.
Our Company may review any request for a refund in this time period, and may have cause to determine and document what content has been viewed by the Member making the refund request to determine if they would qualify for a refund based on content viewing in this fourteen (14) day period. Outside of this 14-day period, generally, no refunds will be issued. However, there may be exceptions, which will be assessed on case-by-case basis, and may be prorated at the Company’s discretion. Please contact us via the below listed Contact Information to make any refund requests.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Prior to receiving full access to all of our Site’s Services, you will be required to provide certain personal information determined by us to be necessary to register as a Service Member. You will be required to create login credentials, starting with a valid personal email address. If not initially created by You, an initial password may be auto-generated by the Site and if so will be emailed to the email address you provided. Upon subsequent authorized login, you will be able to change your password along with other Account information.
Together, your email and current password constitute your “Login Credentials” and these Login Credentials will enable you to fully access free Services, or any you have purchased. The Member who created the Account, and whose Payment Method is charged is considered the Member of the Service(s).
You may never use another Member’s account, and you may not provide another person with your login credentials. You are fully responsible for any and all activities that occur under your account. While you should not provide anyone else with your Login Credentials, if you do share your Login Credentials, you agree to be responsible for assuring that anyone you willingly allow to use your Account complies with these Terms.
If you believe that your Account has been accessed by anyone other than you, you agree to immediately notify our Company of such unauthorized use of your Account or any other suspected or known breach of security. You are responsible for updating and maintaining the truth and accuracy of the information provided to our Company relating to your Account.
Please be aware that if you share or otherwise make your Account available to any third-party unintentionally, such as by forgetting to log out of your Account on a shared or public device, then such third-party(ies) may be able to gain access to any and all information contained in your Account, including personal information, billing information, settings, and other preferences.
You agree to ensure that you properly exit from your Account at the end of each session when accessing the Service from shared or public devices. Our Company will not be liable for any loss or damage arising from your failure to comply with this Section.
ELECTRONIC COMMUNICATION POLICY
Electronic communications occur: whenever Members/Students or Users use the Site or Service; when a Member sends the Company emails; when the Company sends a Member emails; and/or when the Company sends text or SMS messages or other notifications to a Member or User. Our Company, on its own accord or by and through a third-party business partner providing mailing services for MMM, may from time to time send Members/Students messages regarding their Service Plan.
Members/Students consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, have the same legal effect and satisfy any legal requirements that such communications would satisfy if provided to you in a written hardcopy.
Members/Students may choose to opt-in to receive certain promotional emails from our Company. Members/Students may at times exercise their option to stop receiving these emails, whether wholly or in part by selecting the “Unsubscribe” link at the bottom of these promotional emails. Members/Students are not required to opt-in to promotion emails in order to remain a Member of the Service.
LICENSE TO USE WEBSITE
Subject to your compliance with these Terms, you are granted a personal, non-commercial, worldwide, non-transferable, non-exclusive, non-sublicensable, royalty-free, limited license to use and access the Site. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the Service provided by the Site. This limited license to access the Content on our Site and Service is available on a streaming-only basis. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the service for public performance. This limited license does not include any resale or commercial use of the Service, or its contents, or any derivative use of its contents. This limited license does not include any right to download, copy, or otherwise use account information for the benefit of any third-party. This limited license does not permit any data mining, or use of robots, or similar data gathering and extraction tools. No part of our Site or Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from our Company. All rights not expressly granted to you in these Terms are reserved and retained by our Company
USE OF THIRD-PARTY PAYMENT SERVICES
This Site contains certain services and functions provided by Third Parties, such as, but not limited to, payment sites for credit card processing, e.g. Stripe, PayPal. To help provide these services and functions, Members/Students and Users agree that the Company may share their information to Third-Parties as needed to provide such services and functions. Your use of these third-party services may be subject to the separate policies, terms of services, and fees of these third-party payment processors.
THIRD-PARTY EXTERNAL WEBSITES & THIRD-PARTY APPLICATIONS
The Site may provide links to other sites for your convenience. These other sites are maintained by Third-Parties over which the Company exercises no control. The appearance of any such Third-Party links is not intended to endorse any particular company or product. If you decide to access any of the Third-Party sites linked to the Site, you do so entirely by your own choice and at your own risk.
While using our Service, you may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (the “Application(s)”) that interact and connect with our Service. These Applications may import data related to your Account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and our Company is not responsible for such Application. These Applications are owned and operated by third-parties that are not related with or sponsored by our Company and may not be authorized for use with our Service in all countries. If you decide to access any of these Applications, you do so entirely by your own choice and at your own risk.
The Services provided may include advertisements, some of which may be targeted based on the type of information on the Site, queries made, or other information, whether submitted by you or others. The types and amount of advertising on the Site or through the Services is subject to change. The inclusion of advertisements on the Site does not imply endorsement of the advertised products or services. The Company shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Site. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
You agree that you are solely responsible for your interactions with any other user in connection with the Service. Our Company will have no liability or responsibility with respect to any user disputes. Our Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
GIFTS & PROMOTIONS
Our Company may offer Gift Subscriptions for purchase on our Site. Your Payment Method will be charged for any purchased Gift Subscriptions. Gift Subscription Purchases are subject to these Terms.
Our Site may offer Promotions, Promotional Rates, and Promotional Codes from time to time. These Promotions may be redeemed on our Site. Promotions can only be used once and cannot be redeemed for cash, resold, or combined with any other offers, including any free trials. If you received a Promotion through an offer by a third party, additional restrictions may apply.
Our Company may elect to provide Account support services or other assistance in connection with your Account. The levels, methods, and availability of our Customer Service offered is determined by us, in our sole and absolute discretion. If our Company makes available or otherwise provides Customer Service, then such Customer Service will be considered part of our Services for purposes of these Terms of Service, including any and all restrictions disclaimers, and limitation therein.
If Members/Students have general questions, our Site maintains a “Frequently Asked Questions” (FAQ) section that is available for common question topics, and provides answers and assistance to Members/Students. If you cannot find a specific question and answer in our FAQ section, you may reach out to us via email here.
USE OF INFORMATION SUBMITTED
Our Company is free to use any comments, suggestions, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (the “Feedback”). This Feedback may include, but is not limited to, responses to emails, surveys, questionnaires or through postings to the Site or other interfaces. You agree that any Feedback provided is deemed non-confidential, and our Company will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, including, but not limited to, developing, manufacturing and marketing products and creating, modifying, or improving the Service. You agree that the Company may use this Feedback without further compensation, acknowledgment or payment to you.
In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note that our Company does not accept unsolicited materials, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. Should you send us any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against our Company and its affiliates regarding the use of such materials and ideas, even if the material or an idea is used that is substantially similar to the material or idea you sent.
You acknowledge and agree that the Service contains original content or features (the “Service Content”) that are or may be protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws, e.g., The Paul Franklin Method ©. Except as expressly authorized by our Company, you agree not to modify, copy, frame, screen-scrape, rent, lease, loan, sell, record, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to any of your own User Content that we may permit you to legally upload to the Service. Most particularly, users and Members/Students may not screen-scrape our content, film any of our content with a phone, camera, video recording device, or otherwise copy any of our Site’s content in any way. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Materials provided via our Site. Members/Students only have permission to only log into our Site with their Account to access and watch our original Service Content. Members/Students are allowed unlimited viewing.
In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by our Company from access to the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address, or VPN). Any use of our Service or the Service Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the Service or distributed in connection therewith are the property of Modern Music Masters, Inc., our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by our Company.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTIFICATIONS
(A) Notification of Infringement
Our Company takes copyright infringement seriously, and it is our policy to respond to all clear notices we receive that comply with the Digital Millennium Copyright Act (DCMA). If you are a copyright owner or an agent acting on behalf of a copyright owner, and you believe any content being hosted our Site is infringing on your copyright, then you may submit a notification to us pursuant to the DMCA. Pursuant to 17 USC Section 512(c)(3), your notification should be a written communication, and your notification you should 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 on our Site are covered by a single notification, a representative list of such works at our Site
- 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 person our Company to locate the material
- Information reasonable sufficient to permit our Company to contact you, such as an address, telephone number, and if available, an electronic mail address with you may be contacted
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty or perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under 17 USC 512(f), any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Please submit all written DMCA Notifications here:
Modern Music Masters, Inc.
P.O. Box 120
Kingston Springs, Tennessee 37082
If you believe that your User Content that was removed, or to which access was disabled, is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to our Company:
- You physical or electronic signature
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
- A statement that you have a good faith believe that the content was removed or disabled as a result of a mistake or misidentification of the content
- Your name, address, telephone number, and electronic mail address, a statement that you consent to the jurisdiction of the federal court located within Tennessee
- A statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Company, we will send a copy to the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, Member or User, the removed content may be replaced, or access to it may be restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
(C) Repeat Infringer Policy
In addition to investigating all alleged copyright infringements, our Company will promptly terminate without notice any Accounts of our Members/Students who are determined to be ‘Repeat Infringers’ of other’s copyright protected works. A Repeat Infringer includes, without limitation, a user who has been notified by our Company of infringing activity violations more than twice and/or who has had the Content removed from the Site more than twice. Our Company, at our sole discretion, may also limit access to the Site’s Services and/or terminate the Account of any Member or user who infringes on any intellectual property rights of others, whether or not there is any repeat infringement.
ENFORCEMENT OF ACCEPTABLE USE POLICY
The Company reserves the right to review and investigate your use of the Site and to take any appropriate action against you that is determined to be necessary in our sole discretion should you violate these Terms or otherwise create liability, loss, or damage for us, our Site visitors, users, Service Members/Students, or a third party. Such action may include, but is not limited to, suspending or terminating your user account, banning your use of our Site, initiating legal proceedings to recover any losses incurred as a result of your violation of these Terms, and reporting you to law enforcement authorities.
OUR COMPANY’S SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE AND SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, QUALITY, SATISFATION, AND NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, ITS CONTENTS, OR THE SERVICE WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES, OR OTHER HARMFUL CODE, LEGAL OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
OUR COMPANY DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER OR OTHERWISE WARRANT THE PERFORMANCE OF ANY DEVICE, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE (OR ITS OPERATING SYSTEM OR APPLICATION SOFTWARE) WITH ANY OFF OUR SERVICES, OR ANY INTERNET CONNECTION, INCLUDING ITS SPEED, BANDWIDTH, OR COMPATIBILITY WITH ANY DEVICE OR OUR SERVICE. FURTHERMORE, WE DO NOT MAKE ANY PROMISES ON BEHALF OF ANY THIRD PARTY, INCLUDING THE OTHER CONTRIBUTORS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY PROMISES MADE BY USE RELATED TO SUCH PARTIES OR THE PRODUCTS AND SERVICES PROVIDED BY THEM.
IF YOU USE THIS SITE AND SERVICE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DO SO AT YOUR OWN AND SOLE RISK. THE COMPANY ASSUMES NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS.
OUR COMPANY DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (V) ANY INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED; OR (VI) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
NEITHER OUR COMPANY NOR ANY OTHER CONTRIBUTOR MAKES ANY WARRANT WHATSOEVER THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR REASONABLE SATISFICATIONS; (II) THE SERVICE WILL ALLOW YOU TO COPY, RECORD, VIEW, SKIP, OR TRASNFER ANY PARTICULAR MEDIA, PROGRAMMING, OR PART THEREOF, OR PROVIDE OR CONTINUE TO PROVIDE ANY OTHER PARTICULAR FUNCTIONALITY; (III) THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR DATA-THROUGHPUT RATE; OR (IV) INFORMATION RELATED TO YOUR ACCOUNT OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
IN ORDER TO ACCESS AND USE OUR SERVICES, YOU MUST HAVE A BROADBAND, WIRELESS OR SIMILAR INTERNET CONNECTION, AND YOU WILL NEED TO OBTAIN SUCH INTERNET CONNECTION FROM A THIRD-PARTY INTERNET PROVIDER OR SIMILAR WIRELESS SERVICE PROVIDER AT YOUR SOLE COST AND EXPENSE. (“INTERNET CONNECTIVITY”).
OUR COMPANY MAY RECOMMEND CERTAIN LEVELS OF INTERNET CONNECTIVITY FOR USE WITH OUR SERVICES; PROVIDED, HOWEVER, THAT YOU HEREBY AGREE AND UNDERSTAND THAT OUR COMPANY WILL HAVE NO RESONSIBILITY WHATSOEVER FOR YOUR INTERNET CONNECTIVITY AND OUR COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABLITY OR PERFORMANCE OF ANY INTERNET CONNECTIVITY, INCLUDING THE SPEED, BANDWIDTH, COMPATIBILITY, SUFFICIENCY, EQUIPMENT, OR DELIVERY OF ANY INTERNET CONNECTION OR THAT ANY CERTAIN INTERNET CONNECTIVITY WILL IMPROVE OUR SERVICE(S).
IT IS YOUR SOLE RESPONSIBILITY TO OBTAIN AND MAINTAIN THE INTERNET CONNECTIVITY NECESSARY TO ACCESS AND USE OUR SERVICES. MOEDERN MUSIC MASTERS IS NOT RESPONSIBLE FOR YOUR INTERNET CONNECTIVEITY, OR THE AMOUNT OF DATA CONSUMED BY YOU IN CONNECTION WITH YOUR USE OF ANY OF OUR SERVICES. THE TIME IT TAKES TO ACCESS AND USE ANY OF OUR SERVICES (EG. WATCHING OUR STREAMING VIDEOS) WILL VARY BASED ON A NUMBER OF FACTORS, INCLUDING BUT NOT LIMITED TO, YOUR LOCATION, YOUR INTERNET CONNECTIVITY, THE AVAILABLE BANDWIDTH AT THE TIME OF YOUR REQUEST, THE FORMAT OF OUR SERVICES YOU ARE ATTEMPTING TO ACCESS, THE DEVICE(S) YOU USE TO ACCESS OUR SERVICES, AND OTHER FACTORS OUTSIDE OF OUR CONTROL.
WHEN ACCESSING OR USING OUR SERVICES, YOU AGREE TO LOOK SOLELY TO THE ENTITY THAT PROVIDES YOUR INTERNET CONNECTION FOR ANY ISSUES RELATED TO SUCH CONNECTION AND/OR ITS COMPATIBILITY WITH, OR SUFFICIENCY FOR ACCESSING AND USE OF, ANY OF OUR SERVICES.
OUR VIDEOS ARE OFFERED IN MORE THAN ONE BITRATE FORMAT. THE HIGHER THE BITRATE, THE BETTER THE QUALITY OF VIEWING EXPERIENCE. THE VIDEO PLAYER WILL ATTEMPT TO SELECT AN OPTIMUM QUALITY GIVEN YOUR CONNECTIVITY CAPACITY, BUT YOU CAN ALSO SELECT YOUR OWN DESIRED QUALITY FROM THE VERSIONS OFFERED. THESE WILL AFFECT THE DATA BANDWIDTH YOU USE. YOU ARE SOLELY RESPONSIBLE FOR ANY CHARGES YOUR INTERNET SERVICE PROVIDER MAY APPLY. MODERN MUSIC MASTERS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SPEED OR QUALITY OF YOUR WATCHING EXPERIENCE ON YOUR OR ANY DEVICE, AND RESERVES THE RIGHT TO CHANGE OUR SERVICES (EG. THE FORMAT) BASED ON SPECIFICATIONS OF YOUR INTERNET CONNECTIVITY.
PLEASE BE AWARE THAT CERTAIN ASPECTS OF OUR SERVICE MAY REQUIRE THE USE OF ADDITIONAL DATA, AND THAT ANY INCREASED COSTS, FEES, OR OTHER AMOUNTS DUE TO BE PAID BY YOU AS A RESULT OF ANY INCREASE IN USAGE (EG. USAGE IN DATA) IN CONNECTION WITH THE SERVICES WILL BE YOUR SOLE RESPONSIBILITY.
OUR COMPANY MAY RECOMMEND OR LIST THE NAMES OF CERTAIN DEVICES PERMITTED FOR USE WITH CERTAIN ASPECTS OF OUR SERVICES, BUT YOU HEREBY AGREE AND UNDERSTAND THAT OUR COMPANY DOES NOT TAKE ANY RESPONSBILITY WHATSOEVER FOR AND OUR COMPANY DOES NOT WARRANT THE PERFORMANCE OF ANY DEVICE OR GUARANTEE THAT SUCH DEVICE (OR THE APPLICABLE OPERATING SYSTEM OR VERSION) WILL BE (OR REMAIN) COMPATIBLE WITH ANY OF OUR SERVICES. YOU MAY ONLY USE OUR SERVICES ON PERMITTED DEVICES.
YOU AGREE THAT OUR COMPANY HAS NO OBLIGATION WHATSOEVER TO REPLACE OR SUPPLMENT ANY SERVICES, OR PORTION OF ANY SERVICE(S) THAT WE CHANGE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT, OR ANY OTHER DISCOUNT, COMPENSATION OR ANY OTHER AMOUNT PAID BY YOU TO RECEIVE REPLACEMENT, SUPPLEMENTAL OR ALTERNATE SERVICES, AS A RESULT OF ANY CHANGE TO OUR SERVICE(S).
ANY MEDIA, SOFTWARE, OR OTHER MATERIAL OR CONTENT ACCESSED, STREAMED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY OR DEVICES IN CONNECTION WITH SUCH ACTIONS.
NO DATA, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR COMPANY OR THE OTHER CONTRIBUTORS, OR VIA YOUR MEMBERS/STUDENTSHIP ACCOUNT OR USE OF THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUR COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING OR ARISING FROM (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (IV) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
THE COMPANY’S LIABILITY, IF ANY, ON ANY CLAIM FOR DAMAGES ARISING OUT OF THE SERVICES PROVIDED SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT WHICH HAS BEEN PAID TO THE COMPANY FOR THE SIX MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM ARISES. NO ACTION ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE DATE ON WHICH THE CLAIM ARISES. YOU AGREE THAT OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, AND LICENCORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICE. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS OR LICENCORS. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree to indemnify, defend, and hold harmless Modern Music Masters, Inc. and its subsidiaries, offices, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from and against all losses, liabilities, expenses, damages, and costs, including but not limited to, reasonable attorney’s fees, resulting from any violation of these Terms by you or any harm you may cause to anyone, or from any claim or disputes by a third party arising out of your use of the Site, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting content through the Site or Service. The Company reserves the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims and disputes, and you agree not to settle any such claims or disputes without our prior written consent. The Company will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
EVENT OF FORCE MAJEURE
Failure of Company to comply with the standard operations of this Service, if occasioned in whole or in part by an “Event of Force Majeure” shall be excused by the Member. In the situation where an Event of Force Majeure occurs, all Members/Students agree that our Company shall have no obligation to perform the Service or any of its functions. Our Company shall have no liability whatsoever arising out of and in connection with any Event of Force Majeure as defined below.
Under these Terms, an “Event of Force Majeure” means any event completely beyond the control of the Company, that the Company could not have prevented consequences, that can occur with or without human intervention, and could not have reasonably been foreseen by either party, which ultimately prevents the Company from complying with its obligations.
An “Event of Force Majeure” can include any of the following, without limitation: (1) Acts of God, such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, floods, hurricanes, tornadoes, or other adverse weather conditions, (2) Civil Unrest, such as Wars (whether formally declared or not), riots, rebellions, revolution, civil insurrection, sabotage, acts or threats of terrorism, including cyber terrorism, and (3) Labor Issues, such as strikes, movements, staff or supply shortages. This list is non-exclusive, and may include other reasonable events that would likely qualify as such under any of these categories.
If we send you notice by mail, it will be considered given the day after it is deposited in the US mail, addressed to you at your physical address of record as then-currently stated in our records. If we send you notice to your personal e-mail or through your Account email, including notice directing you to changes published on our Website, such notice will be considered given upon sending to your e-mail address of record as then-currently stated in our records and associated with your Members/Studentship Account or upon sending to your Account. If we give you notice by telephone, it will be considered given when personally delivered to you or when left as a message at your phone number of record as then-currently stated in our records.
Unless otherwise specified in these Terms of Service, any notice required or permitted to be given by you under these Terms of Service must be in writing and sent to Modern Music Masters Inc., at the address listed in the Contact section of these Terms. Notice must be sent by certified mail-return receipt, and will be deemed given only when such notice is signed for and received by us at the address indicated above. If your name, contact information or other account information is no longer accurate or otherwise changes, then you must promptly access and correct such information associated with your Account.
These Terms represent the entire and exclusive agreement between you and Modern Music Masters, Inc. regarding your use of the Site and Service, superseding and replacing all previous agreements, whether written or oral. You may also be subject to additional terms and conditions or separate agreements regarding specific Services we provide, partner, or affiliate services, use of Third-Party resources, or any purchases you may make through the Site. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
WAIVER & SEVERABILITY
Modern Music Masters, Inc. has a right to enforce any and all of these Terms. The Company’s failure to enforce any right or provision described in these Terms will NOT operate as a waiver of such right or provision.
If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms. However, the remaining provisions will continue to be valid and enforceable according to the intentions of the Company and User or Service Member, and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision if would become valid or enforceable, then such provision will be deemed to be written, construed, or enforced as so limited.
Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempt to do so will be null and void. Company may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.
The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
GOVERNING LAW & VENUE
These terms shall be governed by, and will be construed under, the laws of the state of Tennessee, and the United States, without regard to or application of its conflict of law principles or your state or country of residence. All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the Site or Services will be brought exclusively in the federal or state courts located in Tennessee, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there are no third-party beneficiaries to your agreement to these Terms. You agree that regardless of any law to the contrary, any claim, dispute or cause of action by you arising out of or related to our Services pursuant to these Terms must be filed within 1 year following the date on which such claim, dispute or cause of action arose; and if not filed within such 1-year period, then you hereby i