Last updated: March 24, 2021
The Website is owned and operated by TUNETORIALZ Inc. (“Tunetorialz”, “us”, “we”, or “our”). We operate the Website and provide it for use subject to compliance with this Agreement.
“Member(s)” means individuals who create accounts to purchase and access Tunetorialz Content.
“Tunetorialz Content” means any data, information, content, records, files, text, images, video, audio, other multimedia, software or other materials that Tunetorialz makes available for Members through the Website, including but not limited to Tunetorials.
“Tunetorial(s)” means musical theatre lessons and piano accompaniments in the form of audio recordings available to Members for purchase and access via the Website.
“User(s)” means all individuals or entities that use, view or access the Website and includes Members.
Accordingly, please review this Agreement periodically for any changes. Changes to this Agreement will be effective immediately upon posting the amended agreement to the Website. If you do not accept the amendments, you are required to stop using the Website. Any use of the Website after posting the amended agreement on the Website will constitute acceptance of said agreement.
As a condition of your use of the Website, you agree that:
Tunetorialz shall be entitled to terminate your ability to use, access and view the Website and Tunetorialz Content. To the extent that Users’ conduct, as judged by us in our sole discretion, does not comply with this Agreement, we may immediately terminate your access to all or part of the Website, disable your Member account, and/or seek other remedies. In the event that your access to all or part of the Website is terminated or your Member account is disabled, you will not be entitled to refunds or other forms of compensation in respect of any Tunetorials purchases.
Tunetorialz shall also be entitled to terminate the operation of the Website at any time, without notice. Tunetorialz may, in its sole discretion, modify, change, suspend or terminate, temporarily or permanently, the Website or any part of it or any of its Website at any time, for any reason, without any notice or liability to you or any other person.
The Website and all intellectual property rights in the Website including, without limitation, intellectual property rights in Tunetorialz Content, are owned by us and/or our licensors. We and our licensors, as applicable, reserve all our intellectual property rights, which include without limitation all copyright, trademark, domain names, design rights, database rights, patent, trade secrets and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.
Subject to your compliance with this Agreement, Tunetorialz grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence, to access, view and use the Website and stream Tunetorialz Content for personal, non-commercial purposes. Nothing in this Agreement grants you any rights in the Website or Tunetorialz Content, other than as necessary to enable you to access and use the Website and stream Tunetorialz Content in compliance with this Agreement. You agree not to adjust, circumvent or delete any intellectual property notices contained within the Website and Tunetorialz Content. You are expressly forbidden from using the Website and the Tunetorialz Content in any way that is not expressly and explicitly permitted under the terms of this Agreement. The limited, revocable, non-exclusive, non-transferable, non-sublicensable licence provided remains in effect until it is terminated by you or by Tunetorialz. YOUR LICENSE IS AUTOMATICALLY REVOKED UPON BREACH OF THE AGREEMENT.
Tunetorialz’ trademarks and the related words and logos are our trademarks or trade names. Nothing in this Agreement or within the Website should be construed as granting any license or right for you to use any such marks or names in any way. We expressly reserve all our trademark rights.
The Website and Tunetorialz Content, including, but not limited to, any text, images, photographs, graphics, audio, and any other materials, the arrangement of the foregoing, the look and feel of the Website, Tunetorialz Content and the computer programs and software for the Website are protected by copyright. Tunetorialz either owns the copyright in and to the Website, Tunetorialz Content and the computer programs and software for the Website, or has acquired the appropriate licenses, assignments or permissions to use them. Tunetorialz hereby expressly reserves all copyright in and to the Website, Tunetorialz Content, and the computer programs and software for the Website.
You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, download or otherwise exploit the Website or Tunetorialz Content, except as expressly permitted in the Agreement. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted in this Agreement.
If it becomes apparent that any of the Website infringes upon your copyright and you wish to take remedial action according to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please report the infringement to us by emailing email@example.com. Please provide us with the following information in your email:
“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”
Please be advised that that under the terms of 17 U.S.C. 512(f), knowingly misrepresenting that a material or activity is causing infringement may result in your liability for damages, including the costs and attorneys’ fees incurred by us or our users.
The Website may contain hyperlinks or references to third party materials or websites (collectively, “Third-Party Links”). Any such embedment, hyperlink or reference is provided for your convenience only. The display of the Website on any third-party website, or hyperlink or reference to any third-party website does not constitute an endorsement of such third party’s website or products. We have no control over third party websites and accept no responsibility or liability for any content, material or information contained in them. Your use of Third-Party Links may be governed by the terms and conditions of that third-party site.
Further, please note that some Third-Party Links may be affiliated and any purchases made through said Third-Party Links will result in a percentage of that sale going to Tunetorialz. For example, purchases made through affiliated links to the website www.musicnotes.com will result in a five (5) percent royalty paid to Tunetorialz. Alternatively, you may access this website independently or through unaffiliated links, and a royalty will not be paid to Tunetorialz.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites. Tunetorialz expressly disclaims any liability, damage or loss, directly or indirectly, alleged or derived from the use, access and/or viewing of third-party websites. Further, Users hereby agree to hold Tunetorialz harmless from any liability that may result from the use of the third-party websites linked to or referenced within the Website.
You are responsible for obtaining the data network access necessary to use the Website. Your mobile network’s data rates may apply if you access or use the Website from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website. We do not guarantee that the Website, or any portion thereof, will function on all hardware or devices. In addition, the Website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications for which we are not responsible.
From time-to-time, Tunetorialz may provide promotions, including but not limited to promotional codes redeemable for discounts on purchases of Tunetorials. All promotions are governed by this Agreement and any such terms and conditions that are made known at the time the promotion is made available to Users. By participating in a promotion through the Website, you confirm your agreement to and acceptance of this Agreement and the terms and conditions of the promotion.
While access to and viewing of the Website is free, access to Tunetorials is subject to a fee. Subject to Section 4 above, purchase of a Tunetorial entitles the purchasing Member to unlimited streaming of that Tunetorial through the Website.
All prices displayed on the Website are advertised in US Dollars. Prices are subject to change and the Website will be updated to reflect any such changes.
By selecting and buying a Tunetorial, you expressly authorize us to charge your credit card through the use of our designated third-party service provider.
To provide payment for Tunetorials, you will be directed to a third-party service provider to process your payment. All applicable taxes will be charged and collected at the time of purchase. Upon payment, you will receive an email with confirmation of your purchase and details of your payment for your records. If the payment information you provided is accepted by the third-party service provider, you will receive, within 24 hours, access to your chosen Tunetorial.
Tunetorialz endeavors to provide exceptional products and services to its Members. However, if you are not satisfied with your purchase, you may request a refund, in writing, to firstname.lastname@example.org. While all requests for refunds will be considered, please note that it is at the sole discretion of Tunetorials whether or not to grant any refunds.
Nothing in this Agreement shall in any way be construed as forming a joint venture, partnership, agency, or employment relationship between Tunetorialz and you.
THE WEBSITE AND TUNETORIALZ CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TUNETORIALZ EXPRESSLY EXCLUDES ALL OTHER TERMS, CONDITIONS, WARRANTIES OR OTHER STIPULATIONS CONCERNING THE WEBSITE AND TUNETORIALZ CONTENT, WHETHER EXPRESS OR IMPLIED BY COMMON LAW OR UNDER STATUTE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE FOREGOING, TUNETORIALZ EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF: (I) QUALITY, MERCHANTABILITY, OR FITNESS OF THE WEBSITE AND TUNETORIALZ CONTENT FOR A PARTICULAR PURPOSE; (II) NON-INFRINGEMENT OF THE WEBSITE AND TUNETORIALZ CONTENT; OR (III) CORRECTNESS, ADEQUACY, ACCURACY, RELIABILITY, COMPLETENESS OR CURRENCY OF THE WEBSITE AND TUNETORIALZ CONTENT. TUNETORIALZ MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE WEBSITE AND TUNETORIALZ CONTENT WILL BE AVAILABLE ON A TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT ANY DEFECTS OR ERRORS WITH THE WEBSITE AND USER CONTENT WILL BE CORRECTED, OR THAT THE SERVER(S) THAT MAKE THE WEBSITE, SELF HELP ASSIST CONTENT AND USER CONTENT AVAILABLE ARE FREE FROM VIRUSES, MALWARE OR OTHER SIMILAR HARMFUL SOFTWARE CODE.
IN NO EVENT WILL TUNETORIALZ AND/OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, OTHER AFFILIATES, SUCCESSORS, ASSIGNEES, AGENTS, REPRESENTATIVES, ADVERTISERS, MARKETING PARTNERS, LICENSORS, INDEPENDENT CONTRACTORS, RECRUITERS, CORPORATE PARTNERS OR RESELLERS BE LIABLE FOR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, MONETARY LOSSES, LOST REVENUE OR PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, REPUTATION, AND/OR ANY OTHER DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE USE OF, ACCESS TO OR RELIANCE ON THE WEBSITE AND TUNETORIALZ CONTENT.
NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS EXCEED THE AMOUNT YOU PAID US FOR ACCESS TO ONE OR MORE TUNETORIALS. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
You agree to indemnify, defend, release and hold harmless Tunetorialz, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable legal fees, arising out of or in any way connected with: (a) any violation of this Agreement; or (b) access to or use of the Website or Tunetorialz Content by you or any other person accessing the Website or Tunetorialz Content using your Member account. You further agree that you will fully cooperate in the defense of such claims.
The following Sections, together with any other provision of this Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive expiration or termination of this Agreement for any reason, such as: intellectual property and license provisions, warranties, disclaimers, indemnity and limitations of liability.
If any term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
You may not assign or transfer this Agreement, by operation of law or otherwise, without Tunetorialz’ prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. Tunetorialz may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective heirs, administrators, executors, legal personal representatives, successors and permitted assigns.
No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.
Tunetorialz shall not be liable for any breach of this Agreement by it to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of Tunetorialz.
This Agreement is governed by and interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. By agreeing to this Agreement, you hereby irrevocably consent to the exclusive jurisdiction of the Courts of the Province of Ontario in the City of Toronto. If any provision of the Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.