ArtistWorks, LLC. ("ArtistWorks") provides the platform to facilitate distance learning between music and/or art professionals and teachers, on the one hand, and music or art students, on the other hand in subscription-funded online institutes. ArtistWorks' service and network are provided by ArtistWorks and its affiliated entities or individuals (collectively, the "Company" or "ArtistWorks").
You agree to the Arbitration Agreement and class action waiver described in Section 9 to resolve any disputes with ArtistWorks.
3. Term, Membership Renewal, and Fees
i. Membership to this site is based on a 30 day, 90 day, 120 day, 180 day, or 365 day automatically renewing cycle depending on the pricing plan that you choose. The current subscription fee structure is $29 for (30) days without Video Exchange, $35 for (30) days with Video Exchange, $105 for (90) days and (120) days, $179 for (180) days, or $279 for (365) days.
ii. Exceptions to this fee structure are explicitly stated herein: The current fee for ArtistWorks Vocal School, Classical Flute with Jeffrey Khaner, Country Vocals with Lari White, French Horn with William Caballero, Jazz Guitar with Chuck Loeb, Luis Conte Percussion School, Scratch with DJ Qbert, and Classical Trumpet with David Bilger is $29 for the (30) day subscription. The current fee for Beginner's Guide to Acoustic Guitar is $19.99 for the (30) day subscription. The current fee for Blues Guitar Certificate Course and Ukulele Certificate Course is $250 for the (16) week subscription. There is only one subscription offered for the above listed courses. All denominations are in USD unless explicitly stated otherwise.
iii. Each membership will be charged a $0.99 USD fee for use of media that is covered under copyright restrictions. The media subject to this fee is to include, but is not exclusive to, video files, audio files, and written material that may be viewed on the Site.
iv. This Agreement, including all revisions, shall remain in full force and effect while, and each and every time, you use the Service and/or Site. Either party may terminate this Agreement at anytime with or without cause.
i. Recurring Billing. Under this program, you authorize us to automatically renew your subscription at the end of the term of the subscription you purchased, and each subsequent term, for the same term length of the subscription you initially purchased including the copyright fee (unless otherwise stated in the offer you accepted). Purchases that are exempted from automatic renewal are explicitly stated as follows: any course within the ArtistWorks Music Certificate Program including, but not limited to, the Blues Guitar Certificate Program, the Ukulele Certificate Program; and Gift Cards.
ii. Billing Cycle. Unless you change your renewal status as described below, at the time of each such renewal you authorize us to charge your designated Payment Method at the then-current, non-promotional price (unless otherwise stated in the offer you accepted) for the renewal of your subscription. Your credit card or PayPal will be charged at the end of the current term of your membership plan unless you cancel your subscription as described below.
iii. No Refunds. The ArtistWorks Music eLearning Campus payments are nonrefundable. All fees relating to membership, including the initial payment and any subsequent automatic renewal payments (as described above), are nonrefundable. You must cancel your subscription before it renews at the end of your current billing period in order to avoid the next billing. If you cancel your subscription, the cancellation will be effective at the end of the current billing period. We do not offer prorated refunds or credits for any portion of the subscription fee for a cancelled subscription. All requests for an exception must be submitted in writing to firstname.lastname@example.org. No refunds will be given if the student has filed a chargeback/dispute with their payment provider or there is indication of excessive use of the site's video lessons or other services provided on the site. The ArtistWorks Music eLearning Campus does not offer discounts to students for multiple school enrollments at this time. The amount and form of any credit or refund and the decision to provide them are at OUR SOLE AND ABSOLUTE discretion.
iv. Gifts. All Gift Card and Gift Certificate sales are final, cannot be redeemed for cash, and non-refundable.
4. Service Terms
b. User Registration. If you choose to register for an account, you agree to provide accurate, complete information about yourself as requested during the registration process ("Registration Process"). You will provide all content and other materials for posting on the Site in accordance with the Company's policies in effect from time to time including, without limitation, the manner of transmission to the Company. You will also be fully responsible for all use of your account and for any actions that take place on the Site using your account.
d. Account-Related Activity. Certain activities on the Site require you to have an account including participation in subscription-funded music or art institutes. We ask for some personal information when you create an account, including without limitation your email address and a password, which is used to protect your account from unauthorized access, age and credit card information. An account allows you to access the Service and Site that require payment and registration.
f. Content Uploaded to Site. Any personal information, video content or other content that you voluntarily disclose online (on discussion boards, IM communications, in messages and chat areas) become publicly available and can be collected and used by others. Files uploaded as Video Exchange submissions are made available to Members of the site as shared and viewable material.
g. Advertising. You acknowledge that the Company reserves the right to advertise on any portion of the Service and/or Site at its sole discretion. These advertisements may be targeted in a variety of ways including without limitation being based upon the content of information stored on the Service, provided by you, queries made through the Service by you, or other information provided by you, information provided by third parties and/or in similar fashions. The manner, mode and extent of advertising by the Company through the Service or on the Site will be subject to change without specific notice to you. In consideration for the Company granting you access to and use of the Service, you agree that the Company may place such advertising through the Service or on the Site.
j. Prohibited Content and Activities. While using the Service and/or Site you represent and agree that you will not:
i. Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
ii. Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
iii. Use automated scripts to collect information from or otherwise interact with the Service or Site.
iv. Engage in any commercial activity unless expressly approved in writing by the Company.
v. Engage in unauthorized framing of or linking to the Site.
vi. Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
vii. Register for a User account on behalf of an individual other then yourself without the consent of that individual, or register for a User account on behalf of any group or entity without the consent of the group or entity.
viii. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
ix. Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" and/or any other form of solicitation.
x. Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and/or credit card numbers.
xi. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
xii. Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
xiii. Intimidate or harass another user.
xiv. Upload, post, transmit, share or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
xv. Use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or Site.
xvi. Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the company or its users to any harm or liability of any type.
xvii. Upload, post, transmit, share, store or otherwise make available content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the rightful owner to do so.
xviii. Upload, post, transmit, share or otherwise make available any log in or password chosen by or issued to you or any access to the site other than one registered user per paid account.
Engaging in any of the above will result in the immediate termination of your User Account and access to the Service and Site without prior notice and at the Company's sole discretion.
k. Member Email Usage. The Company reserves the right to restrict the number of emails which a user may send to other users in any twenty-four (24) hour period to a number that Company deems appropriate in its sole discretion. If you send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site, you acknowledge that you will have caused substantial harm to the Company that will be difficult, if not impossible, to ascertain monetary harm. As liquidated damages for such harm, you agree to pay the Company twenty-five dollars ($25.00) for each such unsolicited email or other unsolicited communication you sent through the Site. Such liquidated damages shall be in addition to any and all other rights, remedies and damages to which the Company may be entitled to under this Agreement, at law or in equity.
l. Inappropriate Activity. While Company assumes no responsibility for monitoring the Site, it will, when it deems it appropriate, investigate activity or cooperate with governmental authority in investigating any activity in connection with the Site or Service that Company believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by Company, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. Company reserves the right to restrict your activity on, and/or block your access to, the Site and/or Service at any time for any reason without notice to you.
m. Your Content Posted to the Site. You are solely responsible for the content, profiles (including your name and image), messages, notes, text, information, music, art, pictures, drawings, renderings, video, advertisements, listings and any and all other content that you upload, publish or display (hereinafter, "post"), and the consequences of such posting, transmission or sharing, on or through the Service or the Site, or transmit to or share with others users (collectively the "User Content"). You may not post, transmit or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, applicable law, or which might be offensive, obscene, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. Company will terminate your access to the Site and/or Service if you are determined to be a repeat offender in its sole discretion.
You represent and warrant that you have all rights in and to your User Content (whether through ownership or licenses, consents, and permissions from the owner) required for you to lawfully submit your User Content to the Site and grant the rights to your User Content provided in the Agreement. You further represent and warrant that your User Content posted to the Site has all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your User Content in the manner contemplated by the Site and/or Service and this Agreement and the posting and transmission of your User Content does not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contact rights or any other rights of any person or entity.
n. User Generated Content - Content License. By Submitting User Content to the Site or Service you hereby grant to the Company a non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute User Content, and all patents, copyrights, trademarks and other proprietary rights therein, in connection with the Service and the Site and the business of the Company, including without limitation for promoting, transmitting and distributing the Site, the Service, or any part or derivative thereof, in and through any media and channels. By submitting User Content to the Site you further hereby grant to the Company a non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivate works of, transmit, publish and distribute through any media and channels. You also hereby grant to each user of the Site a non-exclusive, royalty-free, worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivate works of, transmit, publish and distribute User Content for their personal, non-commercial use as permitted through the Service and Site. You are solely responsible for User Content and the consequences of User content being posted on the Site and/or distributed through the Service and Site, and the Company's right to use the User Content under this license shall not lapse even if this Agreement and/or your association is terminated with the Service and/or Site. Company reserves the right to continue to display previously submitted User content that Company deems appropriate in its sole discretion. You agree that you are solely responsible to pay all royalties, fees, taxes and any monies owing to any entity or person by reason of posting your Content on the Service and/or Site, and agree to indemnify and hold harmless the Company from any liability related to such.
o. Website Administration and Security. The Company will make commercially reasonable efforts to provide a safe and secure environment for its Users. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service or Site. Accordingly, you agree that you will be solely responsible to the Company for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify the Company immediately.
p. Certificate Program. You may sign up for our “Certificate Program”, which consists of twelve (12) weeks of weekly lessons in an instrument offered on the Site. If you enroll as a student in the Certificate Program, you agree to complete the weekly coursework required for each week. On the fourth, eighth, and twelfth week of the Certificate Program (“Certificate Checkpoints”), you will be required to (i) submit videos of your performance to your teacher and (ii) pass a quiz. The rubric used to evaluate your performance videos will be posted on the Site on the Certificate Checkpoints. Upon your fulfillment of all the requirements of the Certificate Program, you will receive a certificate of completion (“Certificate”). YOU HEREBY ACKNOWLEDGE AND AGREE THAT (1) THE CERTIFICATE IS NOT A PROFESSIONAL ACCREDATION OR LICENSE IN ANY WAY AND (2) THE COMPANY DOES NOT WARRANT OR PURPORT TO PROVIDE ANY PROFESSIONAL TRAINING OR ACCREDATION THROUGH THE CERTIFICATE PROGRAM.
5. Limitation of Liability
a. IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF THE SITE AND/OR SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR YOUR REGISTRATION WITH THE SITE AND YOUR USE OF THE SERVICE DURING THE TERM OF YOUR USE OR $100. NO CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICE, CONTENT OR USER CONTENT MAY BE BROUGHT BY YOU AGAINST THE COMPANY MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUED. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, "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 RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
b. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
c. IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, DESTRUCTION OR LOSS OF INFORMATION, MATERIALS OR CONTENT STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, POSTED, PUBLISHED OR OTHERWISE MADE AVAILABLE FOR DISTRIBUTION VIA THE SITE AND/OR SERVICE. YOU SHOULD ENSURE THAT YOU MAINTAIN A COMPLETE AND CURRENT COPY AND ALL INFORMATION, CONTENT OR MATERIALS POSTED THEREON AT A LOCATION REMOTE FROM THE SITE. COMPANY EXPRESSLY DOES NOT GUARANTEE THE AVAILABILITY OF ANY CONTENT, INFORMATION OR MATERIALS STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, OR POSTED OR PUBLISHED ON THE SITE.
6. Representations, Warranties and Indemnification
a. YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE ALL RIGHTS IN AND TO YOUR USER CONTENT (WHETHER THROUGH OWNERSHIP OR LICENSES, CONSENTS, AND PERMISSIONS FROM THE OWNER) REQUIRED FOR (I) YOU TO LAWFULLY SUBMIT YOUR USER CONTENT TO THE SITE AND/OR SERVICE AND GRANT THE RIGHTS TO YOUR USER CONTENT PROVIDED IN THIS AGREEMENT, AND (II) YOUR USER CONTENT TO BE POSTED AND TRANSMITTED TO AND THROUGH THE SITE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT; (B) YOU HAVE ALL REQUIRED LICENSES, CONSENTS, RELEASES AND/OR PERMISSIONS TO USE THE NAME AND/OR LIKENESS OF EACH IDENTIFIABLE INDIVIDUAL PERSON IN YOUR USER CONTENT IN THE MANNER CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT, AND (C) THE POSTING AND TRANSMISSION OF YOUR USER CONTENT ON AND THROUGH THE SITE OR SERVICE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE OR SERVICE, THE SERVICE AND THIS AGREEMENT DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, PATENTS, TRADEMARKS, CONTRACT RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON OR ENTITY.
c. YOU AGREE THAT YOUR USE OF THE SITE AND/OR SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE, SITE, SOCIAL NETWORKING PAGES, STORAGE AND BANDWIDTH ARE PROVIDED BY THE COMPANY ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR COMPLETELY SECURE. YOU EXPRESSLY ACKNOWLEDGE THAT THE SITE AND THE SERVICE ARE HOSTED BY A THIRD PARTY OVER WHICH THE COMPANY HAS NO CONTROL. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE, AND DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
d. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S AND/OR SERVICE'S CONTENT OR THE CONTENT OF ANY SITE AND/OR SERVICE LINKED TO THIS SITE AND/OR SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
8. Disputes Between Users. The resolution of disputes that may arise between users is the sole responsibility of the users and Company has no liability or obligation with respect to any such disputes.
9. Arbitration Agreement
b. If you elect to make a Demand against ArtistWorks, LLC you must send a notice to: Claims, ArtistWorks, LLC, 68 Coombs St Ste C-1, Napa, CA 94559 ("Notice Address"). If ArtistWorks initiates a Demand, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by ArtistWorks, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If ArtistWorks and You do not reach an agreement to resolve the Demand within 30 days after the Notice is received, you or ArtistWorks may give a second Notice to commence an arbitration proceeding. From that date of the Second Notice, the parties will have a further 30 days to agree on an arbitration provider or arbitrator.
c. YOU AND ARTISTWORKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF ON BEHALF OF OTHERS OR A CLASS MEMBER OF ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ArtistWorks agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If the specific provisions of subparagraph (c) are found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
d. If the You and ArtistWorks cannot reach an agreement as to an arbitrator, You and ArtistWorks agree that the arbitration shall be administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). You and ArtistWorks agree further that the arbitration can be based on documents only and only to the extent that it requires an in person proceeding shall be held at a location determined by AAA pursuant to its Rules and Procedures, or at such other location as may be mutually agreed upon by you and ArtistWorks. In all events, the law governing any Demand shall be the law of the State of California, not including its conflict of law provisions.
a. This Agreement will be governed by the substantive laws of the United States of America and the State of California (without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction).
b. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture relationship between the Company and any user. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to enforce any of the terms of this Agreement or exercise any of its rights under this Agreement shall not constitute a waiver of such terms or rights. No waiver of any of the terms or rights in this Agreement shall be deemed a further or continuing waiver of such terms or rights.
12. Customer Support. If you have any comments or questions you may address them to our customer service department at comments@ArtistWorks.com, via mail addressed to Customer Service, ArtistWorks, LLC., 68 Coombs Street, C1, Napa, CA, 800-326-5596.
13. Intellectual Property and Proprietary Rights in Content on the Site or Through the Service.
d. You may be required to download software or content in order to participate in the Service or Site.
e. Trademarks. ArtistWorks and any and all other Company graphics, logos, designs, page headers, button icons, scripts, names, trademarks and service marks are registered trademarks, service marks, names, trade secrets or trade dress of the Company in the U.S. and/or other countries and/or licensed by Company (collectively, the "Marks"). Company's Marks may not be used in any manner whatsoever by you, including, but not limited to, as part of trademarks, and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
f. Member Posted Content on Student Page. Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to Page on a Site using the Service. After posting your content to the Site Student Page, you continue to retain all ownership rights in such Content, subject to the license to Company. When you cancel your membership on the Site or to the Service, your personal content (photos, videos etc) may be deleted from your Student Page. By displaying or publishing ("posting") any content on or through the Student Page, you hereby grant to Company a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the Site or through the Service. Without this license, Company would be unable to provide the Service or Site to Users. For example, without the right to modify Member Content, Company would not be able to digitally compress music and video files that Users submit, and without the right to publicly perform Member Content, Company could not allow Users to listen to music and watch videos posted by Members.
g. Member Submitted Content and Video for Master Class use. By submitting any content and video ("video") for inclusion in a Master Class, you are granting a license to Company for use of that video for the benefit of Users on the Site. The license you grant to Company is fully-paid and royalty-free (meaning that Company and Site are not required to pay you for the use of the video you submit to or through the Site or Service), it is sub-licensable (so that Company is able to allow use by its affiliates and subcontractors such as Internet content delivery networks to provide the Service and Site), and worldwide (because the Internet and the Company, Site and Service are global in reach). The license does not grant Company the right to sell any posted content or any posted video, but such content or video may be used for entertainment or marketing purposes in the sole discretion of Company.
h. Company Generated Content. The Service and Site contain proprietary Content of Company ("Company Content") and other copyrighted Company Content offered under license to Company. Company Content is protected by copyright, trademark, patent, trade secret and other laws, and Company owns and retains all rights to the Company Content, Service and Site Do not reprint, republish, repost, or otherwise distribute or transmit content, including text, video, and images presented on the Site or through the Service. Unauthorized use of, or copying of Company Content can subject you to civil or even criminal liability.
i. Third-Party Content. The Service and Site contain content from all Users and third parties. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service or Site. Unauthorized use of, or copying of content, trademarks, and other proprietary material can subject you to civil or even criminal liability.
j. Removal of Content Posted. Company may remove any content that violates this Agreement, may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Company assumes no responsibility for monitoring the Service or Site for inappropriate content or conduct.
k. Member Submitted Content. You are responsible for the content that you post or is posted through your account, on the Site or through the Service and your Student Page, and for any material or information that you transmit to other Users for your interactions with other Users. Company does not endorse the content you post. Content is not necessarily reviewed by Company prior to posting and does not necessarily reflect the opinions or policies of Company. Company makes no warranties, as to the accuracy and reliability of the content or any material or information that you transmit to other Users.
14. Company as an Online Service Provider - DMCA Procedures
a. ArtistWorks, LLC. is registered with the Copyright Office as an Online Service Provider and reserves the right to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Company Service or Site at any time, for any or no reason, with or without notice, and without liability.
b. Digital Millennium Copyright Act (DMCA) Title II, the Online Copyright Infringement Liability Limitation Act (OCILLA), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent. OCILLA also includes a counter-notification provision that offers OSPs a safe harbor from liability to their users, if the notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users' identity.
c. The Company respects the rights of copyright holders and publishers and requires all users and members to affirm that they hold the copyright or have appropriate permission for the content that they upload. If we receive a notice that content infringes another party's copyright, the member's account may be terminated and the content will be removed from the Site and Service.
e. Notification of Claimed Copyright Infringement. If you believe that someone else has uploaded your copyrighted content without your permission, please submit the following information pursuant to 17 U.S.C. (512(c)(3)(A)(i-vi)):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. 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.
iii. 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 us to locate the material.
iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
v. 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.
vi. 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.
vii. You may contact us at:
Attn: DMCA Agent
68 Coombs Street, C1
Napa, CA 94559
You can also email us at email@example.com
viii. Please note that under 17 U.S.C. Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability for damages.
ix. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
x. Subscribers to this site have not purchased or rented the video content of this site. The video content on this site is made available to subscribing students in conjunction with an active membership to this site, and is to be viewed only on the ArtistWorks provided website video viewer, for the sole purpose of learning to play a musical instrument or learning to draw, paint or sketch. Downloading or "ripping" of videos, text content, or images to a local storage device to circumvent ArtistWorks subscription/member fees, or for any other reason, is expressly forbidden. ArtistWorks reserves the right to legally pursue any student or member of the public who downloads any content, images or videos found on this site in violation of this agreement or shares access to this site with anyone other than one registered user per paid account. ArtistWorks, LLC. strenuously protects its copyrighted material.
xi. Please finally note that violation of the Company Copyright Policies may result in termination of your service.