TERMS AND CONDITIONS OF USE

Acceptance of Terms Through Use

By using www.musicacademyonline.com (the “Site”), you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”).  If you do not agree to these Terms of Use please do not use this Site.  Music Academy Online, Inc. (“Music Academy Online” or sometimes “we”) reserves the right, at our discretion, to update or revise these Terms of Use.  Please check the Terms of Use periodically for changes.  Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy Policy

Registration, membership and certain other information about you is subject to our Privacy Policy.  For more information, see our full Privacy Policy at our Home Page.

Member Account, Password and Security

You will receive a password and account designation upon completing the registration process.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.  You agree to (a) immediately notify Music Academy Online of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.  Music Academy Online cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

Electronic Communications

By using the Site, you consent to receiving electronic communications from Music Academy Online. These communications will include notices about your account and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with Music Academy Online.

Limitations on Use

You must be 13 years of age or older to subscribe to the Music Academy Online service. While individuals under the age of 13 may utilize the service, they may do so only with the involvement of a parent or legal guardian. 

Third Party Sites

This Site may link you to other sites on the Internet.  These other sites are not under the control of Music Academy Online and you acknowledge that Music Academy Online is not responsible for the accuracy, reliability, integrity, business practices, legality or any other aspect of the content or operations of such sites.  The inclusion of such a link does not imply endorsement of this Site by Music Academy Online or any association with its operators.

Termination

Music Academy Online reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.

Credit Cards

Music Academy Online accepts the following forms of payment for your online purchases: MasterCard, Visa, Discover and American Express.   Music Academy Online does accept online-only or virtual credit cards as long as they are issued by one of the credit card companies listed above. However, due to the requirements of these companies, these cards can only be used for orders from this Site that are shipped.  We are unable to accept cash, checks, C.O.D. orders and wire transfers for any purchases made on this Site.

Sales Tax

Music Academy Online does business throughout the United States and accordingly collects sales and use tax as required by applicable law. Your confirmation of your order total will reflect the applicable state and local sales tax, if any. The tax rate applied to your order will generally be the combined state and local rate for the address where your order was shipped, delivered or picked up.

Disclaimer of Warranties

Despite our efforts to ensure that the information on this Site is accurate, complete and current, there may be instances when information about a Music Academy product or service contains inaccurate or incomplete data, including data about the product's or service’s price or availability. Music Academy Online makes no warranty or guarantee that the information on this Site is error-free, complete, or current.  Music Academy Online reserves the right to correct errors and/or update the content on this Site at any time without notice.   Music Academy Online also reserves the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, Music Academy Online will issue a full refund to the original pay type.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.  THE CONTENT ON THIS SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  MUSIC ACADEMY ONLINE AND ITS AFFILIATES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.    

Limitations and Exclusions

Music Academy Online reserves the right to change product or services pricing, terms, specifications and warranties without notice.  If you are purchasing products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country.  Music Academy Online will not ship to foreign locations. Warranties for exported products may vary or be null and void.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL MUSIC ACADEMY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MUSIC ACADEMY OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

Indemnification

Upon a request by Music Academy Online, you agree to defend, indemnify, and hold harmless Music Academy Online and its affiliates, and their respective employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including, without limitation, attorney’s fees that arise from your use or misuse of this Site or a breach by you of these Terms of Use.  Music Academy Online reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Music Academy Online in asserting any available defenses.

Music Academy’s Proprietary Rights

You acknowledge and agree that the Music Academy Online products and any necessary software used in connection with the Music Academy Online products (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. 

Entertainment and Site Content

We distribute movie, concert and other filmed, recorded or video entertainment and we reserve the right to display and promote the filmed entertainment or other information on our Web site to you in any manner we choose in our sole and absolute discretion. In addition, the Site allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of Music Academy Online, or its shareholders, directors, officers, or employees. Under no circumstances shall Music Academy Online, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Site.

Copyright

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and Software, is the property of Music Academy Online, its content suppliers and/or other content providers and is protected by United States and international copyright laws.  The compilation of all content on this Site is the exclusive property of Music Academy Online and is protected by U.S. and international copyright laws.  All Software used on this Site is the property of Music Academy Online or its software suppliers and protected by United States and international copyright laws.  It is the policy of Music Academy Online to respect the intellectual property rights of others.  Music Academy Online does not promote, foster or condone the copying of DVDs or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please notify us of your concern by submitting a written notice to us at the following address:

Music Academy Online, Inc.
P.O. Box 6842
Santa Barbara, CA 93160

Your notice must be signed and contain the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material on the Site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
5. 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 owner, its agent, or the law;
6. A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address.

Trademarks

Music Academy Online and musicacademyonline.com, and other marks indicated on this Site are trademarks of Music Academy or its affiliates and/or subsidiaries, in the United States and other countries.  Music Academy Online graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Music Academy Online or its affiliates and/or subsidiaries.  Music Academy’s trademarks and trade dress may not be used in connection with any product or service that is not Music Academy’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Music Academy Online.  All other trademarks not owned by Music Academy Online, its affiliates or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Music Academy Online, its affiliates or its subsidiaries.

No Resale or Exploitation of Site

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Site. Except as expressly authorized by Music Academy Online, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content contained on or in this Site, in whole or in part. By accessing the Site, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or the content contained herein without our prior written consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

Use of Information and Ideas Submitted

You hereby acknowledge and agree that we are free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication you may send to Music Academy Online (the “Ideas”), and Music Academy Online shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by Music Academy Online for commercial purposes, including use by Music Academy Online for developing, manufacturing and marketing products and creating, modifying or improving the Site or other products, services or websites affiliated with Music Academy Online. Furthermore, by posting or displaying any such Ideas on the Site, you hereby grant to us a nonexclusive, royalty-free license to display, use, reproduce or modify the Ideas.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local, national and international rules regarding online conduct and acceptable content.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California.  Any action to enforce or interpret these Terms of Use or your use of this Site shall be brought and maintained exclusively in the Superior Court of the State of California, Santa Barbara, California.  The parties irrevocably submit to the jurisdiction of said court and waive all objections thereto and the right to remove such action to a Federal District Court.

Severability and Integration

Unless otherwise specified herein, these Terms of Use and the Privacy Policy constitute the entire agreement between you and Music Academy Online and its affiliates with respect to this Site and supercedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Music Academy Online with respect to this Site.  If any part of these Terms of Use or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Parties in Interest

Nothing in these Terms of Use is intended to confer any rights or remedies under or by reason of these Terms of Use on any persons other than the parties to these Terms of Use.

Notices

All notices and inquires to Music Academy Online concerning this Site should be addressed as follows:

Music Academy Online, Inc.
P.O. Box 6842
Santa Barbara, CA 93160