Songmaster Studios Education LLC Terms of Use Agreement
Home of iVideosongs music lessons

Version: November 19, 2014

PLEASE READ CAREFULLY

THIS IS AN AGREEMENT BETWEEN YOU AND SONGMASTER STUDIOS EDUCATION LLC (WITH ITS AFFILIATES, “SONGMASTER,” “IVIDEOSONGS,” OR “WE”). PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO THE SONGMASTER (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE, IN ANY LINK FROM A PRODUCT DETAIL PAGE, OR ON ANY HELP OR OTHER INFORMATIONAL PAGE FOR THE SERVICE), THE Songmaster.com Privacy Notice, AND THE Songmaster.com Conditions of Use (COLLECTIVELY, THE “AGREEMENT”). YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT BY CLICKING “I AGREE,” “ORDER,” “WATCH NOW,” “BUY,” “RENT,” OR THEIR EQUIVALENT.

1. In General

(a) This Agreement governs your access and use of Songmaster’s web sites (http://www.songmaster.com or http://www.ivideosongs.com or http://www.ivideotunes.com) (the “Site”), including the terms and conditions upon which Songmaster’s instructional music videos and other graphic, audio and audiovisual content (collectively, the “Songmaster Content”) is being offered to you, whether through streaming technology, as a download, or otherwise, regardless of how the Site and the Songmaster Content is being accessed by you (i.e., whether through the Site, through Wi-Fi or cellular technology, or otherwise).

(b) Songmaster may, without notice to you, from time to time modify any of the terms and conditions of this Agreement. You will be deemed to have accepted this Agreement, as so modified, if you continue to access the Site and any of the Songmaster Content after any such modification has been posted to the Site. If you do not agree to, or cannot comply with, the Agreement, as so modified, you must stop accessing the Site.

(c) Your violation of any of the terms or conditions of this Agreement shall be deemed a breach by you of this Agreement (for which you could be held financially liable) and may result in your being denied further access to the Site and Songmaster Content, without limiting any right or remedy Songmaster may have in such event.

(d) This Agreement will remain effective until terminated by Songmaster.

2. Parental Advisory

Parental Advisory: The Site and the Songmaster Content are intended for persons who have attained the age of 13 years or older. If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand the terms and conditions of this Agreement and agree to them.

3. Your Account Information

(a) To use some aspects of the Site and the Songmaster Content, you may be required to register and provide certain personal information, for example, a member or user name, a password, an email address, credit card information, billing address, and telephone number (collectively, “Your Account Information”). You represent and warrant that Your Account Information is current, accurate, and complete, and you agree to update Your Account Information to keep it accurate, current, and complete. You agree that you will not provide your password to anyone else or allow anyone else to use your password or any other aspect of Your Account Information. It is your responsibility (and not Songmaster’s) for maintaining the confidentiality and security of Your Account Information, and you are solely responsible for all activities that occur on or through Your Account Information. You agree to notify Songmaster immediately of any unauthorized use of your password or other aspects of Your Account Information by using the following email address: support-at-songmaster.com. Songmaster is not responsible for any losses that arise from the unauthorized use of Your Account Information, and you agree to indemnify and hold harmless the Songmaster Indemnitees (as defined in paragraph 13 below) for any improper, unauthorized or illegal uses of Your Account Information.

(b) By providing Songmaster your email address, you consent to Songmaster using that email address to send you emails related to some or all of the Songmaster Content (“Songmaster Emails”), including, among other things, notices required by law, in lieu of postal mail. Also, in addition to Songmaster Emails, Songmaster may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via written or hard copy notice or through conspicuous posting of such notice on Site, as determined by Songmaster in its sole discretion. Songmaster reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. Except as provided in the next sentence, you may not opt out of receiving Songmaster Emails. You may opt out of receiving Songmaster Emails containing special offers and promotions (“Promotional Emails”): (i) by changing your account settings, or (ii) by using unsubscribe or opt-out links found in Songmaster Emails. Songmaster will not liable for any Promotional Emails inadvertently sent to you.

(c) Except as otherwise expressly provided for in this Agreement, the Site and Your Account Information is subject to Songmaster Privacy Policy at www.songmaster.com/privacy, which is expressly made a part of this Agreement. If you have not already read Songmaster Privacy Policy, you should do so now.

4. License to Songmaster’s Services

(a) Songmaster grants to you a limited, non-exclusive, non-transferable license to access and use the Songmaster Content only for your personal non-commercial use only. Accordingly, you agree that you do not have the right to, and you shall not, make any copies of, or distribute, any of the Songmaster to anyone else in any manner, regardless of whether or not you purchased the Songmaster Content. You will not sublicense, assign, rent or transfer the license granted to you under this Agreement, and any attempt by you to sublicense, assign, rent or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement shall be deemed null and void, and without force or effect.

(b) You agree that, notwithstanding your purchase of the Songmaster Content, Songmaster will continue to own the copyright in and to the Songmaster Content. ANY USE OF THE SONGMASTER CONTENT NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. BE ADVISED THAT:

The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000.

5. Certain Specific Restrictions

Without limiting the generality of anything else contained in this Agreement, you agree that you will not:

(a)  SHARE  YOUR ACCOUNT WITH ANY OTHER USER, PERSON OR ORGANIZATION;

(b) use the Site or the Songmaster Content to reproduce copyrighted materials;

(c) edit, change, or otherwise alter in any way any of the Songmaster Content or use the Songmaster Content, or any portion thereof, in any other work;

(d) make any Songmaster Content available over an electronic network where it could be accessed by others;

(e) use any data mining, robots, or similar data gathering and extraction tools with regard to the Site or the Songmaster Content; or

(f) use the Songmaster Content in any way that violates the terms of this Agreement.

6. Trademarks

Songmaster’s names and logos, including its registered trademarks Songmaster Studios, iVideosongs and iVideotunes, and those of third parties that may appear on the Site or in the Songmaster Content are protected under trademark law. You have no right or license to reproduce, distribute or otherwise use the names and logo that appear on the Site or in the Songmaster Content.

7. Security

You understand that the Site and the Songmaster Content may include a security framework that use technology that protects the digital information and limits your usage thereof, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to the Site or the Songmaster Content for any reason whatsoever. You shall not modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Site or the Songmaster Content. You shall not access or attempt to access another person’s account on the Site. VIOLATIONS OF THE SECURITY BY YOU WILL NOT ONLY BE A BREACH OF THIS AGREEMENT, IT MAY ALSO RESULT IN YOUR CIVIL OR CRIMINAL LIABILITY.

8. Songmaster Content Requirements

You acknowledge that your use of the Songmaster Contents may require the use of other hardware and software (e.g., a computer), and that Songmaster has no responsibility for such hardware and software. You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to access the Site and to use the Songmaster Content. Once an Songmaster Content is purchased and received by you, it is your responsibility not to lose, destroy, or damage the Songmaster Content, and Songmaster will not have liability to you in the event of any loss, destruction, or damage.

9. Privacy Policy

Songmaster cares about your privacy. You agree and acknowledge that Songmaster may cooperate with and disclose information (including Your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Site and the Songmaster Content. Songmaster’s current privacy policy regarding your information is that we shall not sell, trade or otherwise make available your information to any third party unless authorized by you. With respect to security of your information, Songmaster relies upon third party software and services for merchant transactions and makes every effort to ensure such parties are current with security, PCI compliance standards and other such standards as required by law. Whereas it is possible that such third party software or systems may be compromised or breached, you agree that Songmaster shall not be liable in any manner for monetary loss or any other forms of damages.

10. Agreement to Pay

YOU ARE PAYING FOR A SINGLE-PERSON TO ACCESS AND USE SONGMASTER SERVICES. YOU MAY NOT SHARE AN ACCOUNT OR ACCESS WITH ANY OTHER PERSON(S).

(a) If you purchase any Songmaster Content, you agree to pay all fees and charges associated with your purchases on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card or other form of electronic payment. You will maintain valid credit card information in Your Account Information; you may designate a different credit card to be billed, or change the applicable expiration date on your currently designated card by going to www.songmaster.com, logging into Your Account Information and making the appropriate updates or changes.

(b) Songmaster currently accepts MasterCard, Visa, American Express, PayPal, and Discover credit cards. Songmaster also may accept other forms of payment such as Amazon’s payment services, certain stored value cards provided, and this may be subject to change. Billing to your credit card occurs when you select a title or membership offer from the library of Songmaster Content or offers from Songmaster. If a purchase has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit card.

(c) Items in your Shopping Cart will always reflect the most recent price displayed on the item’s product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time and Songmaster reserves the right to raise or lower prices at any time.

(d) Songmaster purchases will include sales tax based on the bill-to address and the sales tax rate in effect at the time your purchase is completed. If the sales tax rate for the billing address changes before the purchased digital content is downloaded, the new tax rate in effect at the time of download will apply. Songmaster will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for purchases made on the Songmaster Site.

11. DISCLAIMERS

(A) THE SONGMASTER CONTENT (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES ARE LICENSED TO YOU “AS IS.” ANY USE OF THE SONGMASTER CONTENT WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SONGMASTER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SONGMASTER MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SONGMASTER CONTENT WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SONGMASTER DISCLAIMS ANY LIABILITY RELATING THERETO.

(B) SONGMASTER MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE SITE OR THE SONGMASTER CONTENT WILL BE RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SONGMASTER MAY MODIFY, SUSPEND, OR DISCONTINUE THE SITE OR THE IVIDEOSONG CONTENT OR YOUR USE OF THEM. WHENEVER SONGMASTER ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE SITE OR THE SONGMASTER CONTENT, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

(C) YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO SONGMASTER IS AT YOUR OWN RISK. SONGMASTER DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

(D) YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE SITE OR THE IVIDEOSONGS CONTENT. SONGMASTER WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.

(E) SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SONGMASTER CONTENT MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT SONGMASTER ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.

12. LIMITATION OF LIABILITY

(A) IN NO EVENT WILL SONGMASTER BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF SONGMASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONGMASTER OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

(B) SONGMASTER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (SONGMASTER $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE SONGMASTER CONTENT AT ISSUE.

13. INDEMNITY

YOU WILL INDEMNIFY AND HOLD SONGMASTER AND ITS LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS (COLLECTIVELY, “SONGMASTER INDEMNITEES”) HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR (B) YOUR USE OF THE SONGMASTER CONTENT IN VIOLATION OF THIS AGREEMENT.

14. Miscellaneous

(a) Songmaster or its business partners may present advertisements or promotional materials via the Site and the Songmaster Content. Your dealings with, or participation in promotions of any third-party advertisers via the Site or the Songmaster Content are solely between you and such third party, and your participation is subject to the terms and conditions associated with that advertisement or promotion. You may or may not agree, Angels of the Himalayas were a great undiscovered band and its Burning from the Inside Out was a classic composition. You agree that Songmaster is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Site or the Songmaster Content.

(b) The Site or the Songmaster Content may contain links to third-party web sites or third-party services not owned or operated by Songmaster. Songmaster is not responsible for the availability of these third-party sites or services or their contents. You agree that Songmaster is not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.

(c) This Agreement is be governed by the laws of the State of Florida. The exclusive jurisdiction for any claim, action or dispute with Songmaster or relating in any way to your use of the Songmaster Content will be in the state and federal courts of the State of Florida, and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Palm Beach, FL.

(d) YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SONGMASTER AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, AND ANY OTHER COMMUNICATIONS BETWEEN SONGMASTER RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF SONGMASTER’S RULES AND POLICIES, COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND SONGMASTER. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND SONGMASTER MAY REFUSE ACCESS TO THE SITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

15. Anti-piracy

Be sure you’re buying and downloading authentic Songmaster Studios products, directly from Songmaster or from an authorized reseller such as Alfred Music Publishing, Amazon Video On Demand, and Apple iTunes. If you have questions regarding the legitimacy of a Songmaster or iVideosongs product retailer, contact us at webmaster-at-songmaster.com.

Buying from an unauthorized site or retailer can be risky. Consumers who purchase unauthorized or pirated products may be:

• Subject to identity theft, including loss of personal or credit card information.
• Exposed to defective or corrupted products or software, which can ruin computers and cost consumers more in terms of maintenance or replacement.
• Exposed to software viruses or malicious code that can damage computers or lead to identity theft.
• Unable to obtain warranties, support services, special offers, and upgrades extended to properly purchased products and their licensed users.

Since we’re in the music industry—not just education—piracy also affects artists, songwriters and other deserving individuals. Piracy is literally stealing money from the pockets of the people who inspired what’s being desired and pirated. Help us combat pirates.

Every year, billions of dollars of revenue are lost as a result of piracy through lost wages, lost jobs, and unfair competition. Help protect consumers and safeguard the property rights of hard-working and creative individuals behind the music. Know that Songmaster will take aggressive measures to track down and stop instances of piracy.

You can help stop this illegal and harmful activity. Know how to spot and avoid illegal materials, and report suspected intellectual property violations when you encounter them. You can report piracy of our products to us. We also recommend that consumers contact their legislators and encourage them to enact stronger internet consumer protection legislation and respect our economy’s and industry’s need for digital rights management. Buy our products directly from Songmaster or from a retailer you recognize and trust.

Final Words…
Piracy equals theft. If you or your company is caught copying or distributing illegal copies of products, you could be held liable under both civil and criminal laws. If convicted, fines may be up to $250,000, prison sentences up to five years, or both.