FAM Terms of Service
Last updated: July 1st, 2020
The following terms of service (“TOS”) describe the terms and conditions applicable to your access to and use of the Furmanczyk Academy of Music owned video, image and text Content (“Content”) available on YouTube youtube.com/pianolounge (“YouTube Channel”) and on howtoplaypiano.ca website (“Website”) , services, and any associated software and products (collectively referred to as the “Services”). This document is a legally binding agreement between you as the user of the Service (referred to as “you” or “your”) and Furmanczyk Academy of Music, howtoplaypiano.ca and its Affiliates (referred to as “we”, “our”, “us” or “FAM”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Furmanczyk Academy of Music (“FAM”).
By using the Website and/or any of the Services on howtoplaypiano.ca, you are agreeing to be bound by the Terms of Service. Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. We reserve the right to update and change the Terms of Service by posting updates and changes. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. General Conditions
- You shall not use the Services without the express consent of a parent or a legal guardian if you are under the age of 18;
- If you are under 13, you are forbidden to disclose any personal information without appropriate parental or legal guardian approval;
- You accept full responsibility for any unauthorized use of the Services by minors in connection with your account;
- You are responsible for any use of your credit card or other payment instrument;
- You shall not have an account or use any of the Services if you have previously been removed by howtoplaypiano.ca or previously been banned from accessing Services;
- Unless otherwise stated, you shall use your account only for your private non-commercial purposes;
- You shall not use your account to engage in any illegal conduct.
- You acknowledge and agree that the Service, including without limitation, any associated videos, images, text, software, documentation, applications, websites, tools and products, any modifications, enhancements and updates thereto, and all intellectual property rights therein are exclusively owned by Furmanczyk Academy of Music.
- You acknowledge and agree that we may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service here and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Service for any illegal, fraudulent or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, or the laws of Canada and the Province of British Columbia.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
- You shall not purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use “Furmanczyk Academy of Music” and/or variations and misspellings thereof.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any dispute or claim arising out of or in connection with the Terms of Service or your use of the Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
2. Our Rights
- We reserve the right to modify, discontinue or terminate the Service or any part thereof, or terminate your account or your access to the Service, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuance or termination of the Service or any part thereof, or the termination of your account or your access to the Service.
- We reserve the right to refuse the Service to anyone for any reason at any time.
- We may, but have no obligation to, remove without notice any Comments (as defined in Section 5) that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.
- A breach or violation of any provision of the Terms of Service, as determined in our sole discretion, may result in an immediate termination of your access to the Service. Without limiting any other remedies that we have, we may suspend or terminate your access to the Service if we suspect that you have engaged in fraudulent activity in connection with the Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of FAM’s employee, member, or officer will result in immediate termination.
- We reserve the right, but are not obligated, to limit the availability of the Service, or products or services made available via the Service, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
- It is in our sole discretion to refuse or remove any content that is available via the Service.
3. Privacy and User Data
4. Accuracy of Account Information
- In order to use some aspects of the Services, you may need to register for and maintain an active personal user Services account (“Account”).
- Certain personal information, including your name, and email address are required for Account registration. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or FAM’s termination of your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by FAM in writing, you may only possess one Account.
5. User Comments, Feedback and Other Submissions
- If you submit any ideas, suggestions, comments, proposals, plans, or other content or submissions to us, whether online, by email, FAM’s YouTube Channel, the Website, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are under no obligation (1) to use or rely on any Comments; (2) to maintain any Comments in confidence (unless such comments contain Personal Information); (3) to pay compensation for any Comments; or (4) to respond to any Comments.
- You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other, intellectual property, personal or proprietary right. You further agree that your Comments will not contain libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
6. Prohibited Uses
- In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service, its content, or any of the services available through the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or local laws, regulations, rules, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious or destructive code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website or application, other website or application, or the Internet. We reserve the right to terminate your use of the Service or any related website or application for violating any of the prohibited uses.
7. Disclaimer of Warranties; Limitation of Liability
- You expressly agree that your use of, or inability to use, the Service is at your sole risk, and we disclaim responsibility for any harm resulting from your use of and access to the Service. The Service is provided to you (except as expressly stated by us) “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Service will be accurate or reliable, or that the quality of any services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected. Some jurisdictions do not allow limitations on implied warranties, so this limitation may not apply to you.
- In no event shall FAM, its Affiliates, officers, directors, employees, agents, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost opportunity, lost profits, lost revenue, lost savings, loss of data, replacement cost, loss of goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any part or parts of the Service or any services procured using the Service, or for any other claim related in any way to your use of the Service including, but not limited to, any errors or omissions in any content or otherwise arising from your use of the Service, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of same. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- You agree to indemnify, defend and hold harmless FAM, its Affiliates, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third-party, due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Service or by ceasing to use all the FAM Service.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and accordingly may deny you access to the Service, your Account or any part thereof.
- The obligations (including payment obligations) and liabilities incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
11. Waiver and Entire Agreement
- The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules incorporated into these Terms of Service or posted by us in respect to the Service constitutes the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to us at [email protected].