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YourMusicLessons
TERMS OF USE

Last Updated: 12/07/2015

Welcome to http://yourmusiclessons.com, an online marketplace operated by YourMusicLessons (“YourMusicLessons,” “us” or “we”). Please review the following terms and conditions (“Terms of Use”) and our other policies that govern your visit to our website (this “Site”), and your use of this Site and related services available on or through the Site including, but not limited to, music lessons (the “Services”). YourMusicLessons reserves the right, at any time, to modify, alter or update our Site, policies and these Terms of Use.

1. Your Consent and Use of the Site

Your use of our Site constitutes your acceptance of, and agreement to follow and be bound by the Terms of Use, our Privacy Policy , our billing policies, and any further policies or terms that govern your use of our Site and/or Services, which are all incorporated herein by reference (collectively, this “Agreement”). If you do not agree to these terms and conditions, please do not use the Site.

We may from time to time change or modify the terms and conditions that govern your use of our Site and Services and this Agreement. Your use of our Site and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. YourMusicLessons may terminate your right to and deny you access to this Site, or remove any material you may have posted at the Site, if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, YourMusicLessons undertakes no obligation to police, supervise, or monitor materials posted to this Site by you or other third parties.

Use of this Site is limited to persons over the age of thirteen (13), who are residents of the United States.

This Site is not directed to children under 13 years old. The policy of YourMusicLessons, as the operator of this Site, is NOT to knowingly collect any personal information from children under 13, including “individually identifiable information,” as defined by the Children’s Online Privacy Protection Act (COPPA). If you are under 13, you should leave the Site without filling out any of the registration, entry, or other forms or otherwise providing any information about yourself. Any access to or use of this Site or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Site and/or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Site, Services and this Agreement. By using the Site and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

PROHIBITED USES. YourMusicLessons imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by YourMusicLessons in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots”, spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Site and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Site. You may not data mine the Site or in any way cause harm to the Site.

2. Payments and Missed Lessons

Prices are agreed upon at the time of payment for the number of lessons purchased. Prices are set by the instructor, and they may change at any time. Payment is by debit or credit card online. Students pay for just the first lesson up front. If the student plans on continuing, the student is enrolled in auto pay for one month worth of lessons. If preferred, students may opt out of auto pay and make payments manually online. Lessons must be paid for at least 24 hours before they are given. All lessons received will reduce the student's credit. Students will not be charged for lessons that are missed with proper notice. If enrolled in autopay, as soon as a student's account credit is insufficient to pay for another lesson an automatic payment will occur. If the student is not enrolled in auto pay, and a payment is not made at least 24 hours before a lesson, the teacher will be notified. Cancellation of the lesson will be at the discretion of the teacher.

Refunds will be issued upon request for unused account credit. Account credit never expires.

If a student is unavailable for a scheduled lesson, the student must alert the teacher at least 24 hours before the scheduled lesson. As long as 24 hours notice is given, the teacher will attempt to reschedule the lesson, or the student will not be charged for the lesson. If 24 hours notice is not given, the student will be charged for the lesson.

3. Site Contents and Intellectual Property Rights

Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site and Services (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by YourMusicLessons or its subsidiaries and affiliates. No right, title or interest in any of the information, material, or other Contents of this Site are granted to you under any circumstances and YourMusicLessons reserves and retains all intellectual property rights in and to the Site and its Contents. Linking or framing to this Site or any of its Contents is prohibited without the prior written permission of YourMusicLessons.

Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use or copying (including electronic copying or downloading) of the Site and Contents without YourMusicLessons’ express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.

Opinions, advice, statements, reviews, offers or other information or content made available on this Site or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

4. Disclaimer of Warranties and Limitation of Liabilities

ALL USE OF THIS SITE, ANY INFORMATION, CONTENT, GOODS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS SITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS SITE, IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF OUR SITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF THE SITE AND SERVICES ARE AT YOUR OWN RISK.

FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THIS SITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THIS SITE. LIKEWISE, YOURMUSICLESSONS DOES NOT WARRANT THE ACCURACY OF THIRD-PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THIS SITE, INCLUDING REFERENCE BY ANY LINKS TO THIRD-PARTY WEBSITES. YOURMUSICLESSONS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE SITE OR SERVICES. YOU UNDERSTAND THAT NOT ALL PROVIDERS ON THE SITE HAVE BACKGROUND CHECKS AND WE DO NOT PERFORM BACKGROUND CHECKS ON STUDENT MEMBERS. THE EXTENT OF OUR BACKGROUND CHECK, IF PERFORMED, IS LIMITED BY THE QUALITY AND SCOPE OF SERVICES PROVIDED BY OUR THIRD PARTY INVESTIGATIVE SERVICE AND THE LIMITATIONS OF COMPUTER ACCESSIBLE PUBLIC RECORDS. NOT ALL JURISDICTIONS OR OFFENSES ARE EVALUATED AS PART OF THE CRIMINAL BACKGROUND CHECK. WE DO NOT ATTEMPT TO VERIFY THE QUALIFICATIONS OR STATEMENTS OF OUR MEMBERS OR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS OR USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE AND SERVICES. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES WHATSOEVER REGARDING YOUR ULTIMATE EXPERIENCE WITH INDIVIDUALS YOU MEET THROUGH THE SITE OR SERVICES. YOU DO SO AT YOUR OWN RISK AND AT YOUR OWN PERIL. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING USE OF THE SITE OR SERVICES, OFFLINE OR OTHERWISE.

UNDER NO CIRCUMSTANCES SHALL YOURMUSICLESSONS OR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SITE OR SERVICES OR PERSONS YOU MEET THROUGH THIS SITE OR SERVICES. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, OR ANY MATERIALS ON THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.

WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF YOURMUSICLESSONS FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS SITE OR SERVICES, ANY INFORMATION, CONTENT, GOODS OR SERVICES OBTAINED AT OR FROM THIS SITE, OR OTHERWISE RELATING TO YOUR USE OF THIS SITE OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO YOURMUSICLESSONS FOR USE OF THIS SITE OR SERVICES.

5. Release and Indemnification

IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR MEMBERS OF THE SITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE BETWEEN USERS OR MEMBERS REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE YOURMUSICLESSONS AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE AND/OR SERVICES.

UNLESS OTHERWISE PROHIBITED BY LAW, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS YOURMUSICLESSONS, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE THE SITE OR SERVICES, YOUR BREACH OF THIS AGREEMENT, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER MEMBER, USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

6. Choice of Law, Arbitration, and Venue

This Agreement and any claim or controversy relating to or arising from the use of this Site or Services, including, but not limited to, any purchases or other transactions made or entered into at this Site, any information, content, goods, services or promotions herein contained or provided from this Site, or any functionality, software or programming contained or provided at or from this Site (hereafter, “Claims”), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America. All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award shall be conducted in the Superior Court of the State of California, in and for the County of Orange or, where applicable, the federal District Court sitting in the County of Orange, State of California. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

BY USING THE SITE AND/OR SERVICES IN ANY MANNER, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.

7. Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials

As a user or member of this Site, you may be able to post content on the Site, including uploading videos or photos, providing reviews, leaving comments, posting a public profile, etc. You are solely responsible for the content that you publish, display or post on the Site or Services, or transmit or display to other users or members. Any submission of information or copyrightable works of any nature by you to this Site or to YourMusicLessons through the use of this Site shall be deemed to constitute a release by you to the public domain, for use by YourMusicLessons, and others, without restriction, except those restrictions set forth in our Privacy Policy with respect to personal information. All comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to YourMusicLessons using this Site or otherwise are not confidential and will become and remain YourMusicLessons’ property. By submitting such information or material, you represent and warrant your right to release such information and material for use in the public domain without restriction. Any information or material submitted by you must not violate the rights of any third party, and must not contain any defamatory, inaccurate, false, libelous, abusive, hateful, obscene, profane, offensive, threatening, harassing, racially offensive, or otherwise unlawful material.

If you provide or post any information at or through the Site, you represent, warrant, and agree that any information or material which you provide or post:

  1. Does not and shall not contain personal identifying information of any person other than you or your company;
  2. Is not and shall not be false, inaccurate, misleading, or fraudulent;
  3. Does not and shall not infringe or violate any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  4. Does not and shall not contain another person’s name, photograph, image, likeness or appearance, unless you have that person’s express permission;
  5. Does not and shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  6. Is not and shall not be threatening, harassing, abusive, defamatory, libelous vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable, as determined by YourMusicLessons in its sole and exclusive discretion;
  7. Does not and shall not promote discrimination based on race, ethnicity, gender, religion, nationality, disability, sexual orientation or age;
  8. Does not and shall not encourage conduct that is unsafe or dangerous, would constitute a criminal offense or promotes alcohol, drugs, tobacco, firearms or weapons;
  9. Does not and shall not communicate or be affiliated with any political agenda or message;
  10. Does not and shall not contain any corrupted files, viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Site or any system, or intended to send unsolicited email, including, without limitation, promotions, or advertisements for products or services;
  11. Does not and shall not contain the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
  12. Does not and shall not constitute an impersonation of any person or entity, or a misrepresentation of your identity or affiliation with any person or entity;
  13. Does not and shall not contain content which is likely to harass, upset, embarrass, alarm or annoy any other person;
  14. Does not and shall not contain any advertisements or promotion of any goods or services other than those specifically approved by YourMusicLessons; and
  15. Does not and shall not contain content in a foreign language.

Your submission of such information and material shall further constitute an assignment to YourMusicLessons of all worldwide rights, titles and interests and goodwill in the information and materials without payment of any compensation. By posting content to any public area of the Site, you automatically grant and represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. By using the Site and Services, you further authorize us and our agents, successors and assigns to photograph, videotape and/or record you and/or our voice(s) without restriction and to utilize such photographs, videos and/or voice transcriptions or recordings for any commercial purpose, including, but not limited to, the promotion and marketing of the Site and Services, without further compensation whatsoever of any kind as a result of such use.

8. Account Security

If you open an account or commence the transaction of business at this Site, you will be required to complete the registration process by providing certain information and registering a username and password. By registering, you agree that all information provided is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will YourMusicLessons be liable for any indirect, special or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.

9. DMCA Notice and Procedure

It is our policy to respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you are a copyright owner and believe that your copyrights have been infringed based upon any content at this Site, you may give YourMusicLessons notification of the alleged copyright infringement. When a valid DMCA notification is received, we will respond by taking down the offending content. We will then take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. Upon receipt of a valid counter-notification, we will generally restore the content in question, unless we receive notice from you, the notifying copyright owner, that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. YourMusicLessons may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. YourMusicLessons’ Privacy Policy does not protect information provided in these notices.

Notification

If you believe that your work was copied or posted on our Site in a way that constitutes copyright infringement, please contact our designated agent below:

Contact: Brian Jenkins
Address: 8237 Henderson Green, Buena Park, CA 90621
Phone: 714-584-3354
Email: brian@yourmusiclessons.com

Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing.

Your notification must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. 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 the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted.
  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 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.

Note, however, that if you posted any materials at this Site, by submitting, posting or displaying your content on our Site, you grant YourMusicLessons and its end users a worldwide, royalty-free, non-exclusive license as specified in more detail in these Terms of Use.

Upon receipt of the written notification containing the information as outlined above:

  1. YourMusicLessons shall remove or disable access to the material that is alleged to be infringing.
  2. YourMusicLessons shall use reasonable efforts to forward the written notification to such alleged infringer ("User").
  3. YourMusicLessons shall take reasonable steps promptly to notify the User that it has removed or disabled access to the material.

Counter Notification

To be effective, a Counter Notification must be a written communication provided to YourMusicLessons' designated agent that includes substantially the following:

  1. A physical or electronic signature of the User.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User's address is outside of the United States, for any judicial district in which the service provider may be found, and that the User will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined above:

  1. YourMusicLessons shall promptly provide you with a copy of the counter notification, and inform you that YourMusicLessons will replace the removed material or cease disabling access to it in 10 business days; and
  2. YourMusicLessons shall replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless YourMusicLessons’ designated agent first receives notice from you that you have filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material at the Site.

10. Termination of Account and Denial of Access

This Agreement is effective unless and until terminated by YourMusicLessons. If in YourMusicLessons’ sole discretion you fail to comply with any term or provision of this Agreement, YourMusicLessons may terminate your account and access to or use of this Site. In the event of termination or denial of access by YourMusicLessons, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.

If you believe that another User or account holder of this Site is a repeat infringer, please follow the instructions above to contact YourMusicLessons’ DMCA agent and provide information sufficient for us to verify that the account holder or User is a repeat infringer.

11. Removal of Objectionable Material

YourMusicLessons shall have the right, but not the obligation, to monitor the content of the Site and Services, including email, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, YourMusicLessons shall have the right to remove any material that YourMusicLessons, in its sole discretion, finds to be in violation of any of the provisions of this Agreement or deems to be otherwise objectionable.

You agree that YourMusicLessons shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from the Site or restrict access to material that it or any user considers to be obscene, lewd, lascivious, discriminatory, hateful, violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

12. Third Party Links

This Site may include links to other Internet sites maintained by third parties (“Linked Sites”). YourMusicLessons provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by YourMusicLessons of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave this Site. Linked Sites are not under the control of YourMusicLessons and YourMusicLessons is not responsible for the contents of any Linked Sites.

13. Modifications to the Site or Services

YourMusicLessons reserves the right at any time to modify or discontinue, temporarily or permanently, the Site and/or Services (or any part thereof) with or without notice at its sole discretion. You agree that YourMusicLessons shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or Services.

14. Miscellaneous

Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the documents referenced herein, shall constitute the entire agreement and understanding between YourMusicLessons and you with respect to use of the Site and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein. This Agreement is binding on the parties hereto and their successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.

15. Complaints or Concerns

If you have any complaints or concerns regarding the services provided hereunder, please contact us at Brian Jenkins, 8237 Henderson Green, Buena Park, CA 90621, and 714-584-3354 of the provider of service and also, if desired, brian@yourmusiclessons.com. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.