TERMS OF SERVICES
Last revised: March 30, 2020
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND OOGAGAME S.R.O., CZECH REPUBLIC LIMITED LIABILITY COMPANY. BY ACCESSING AND/OR USING THE WEBSITE, ANY OF OUR SERVICES AS DEFINED BELOW, YOU ARE AGREEING, AS AN INDIVIDUAL AND/OR ON BEHALF OF A LEGAL ENTITY, TO BE BOUND BY THE TERMS.
PLEASE READ CAREFULLY THIS IMPORTANT NOTIFICATION
|These Terms of Services (“Terms”) govern your use of our website https://music.school (“Website”) and all applicable services rendered to you while your using of our Courses as defined below, functionality, software (if any), Courses, IP as defined below, all associated materials and all other content provided to you from or through our Website - collectively our “Services”.|
Before using any of our Services please read these Terms. By using the Services, including performing any activity at our Website, you signify your agreement to comply with these Terms, all applicable laws, and regulations of the governing law as defined below, copyright laws and your local laws (if applicable).
We provide also important legal information of how we collect, use and process your personal data in our Privacy Notice and Cookies Policy.
If you do not agree with any of these Terms, our Privacy Notice or Cookies Policy, you are prohibited from using any of our Services, and we ask you leave immediately the Website.
|The Website https://music.school is a product and a property of OogaGame s.r.o., Czech Republic limited liability company ("School", “Company”, "we", "us", "our").|
We offer you our tutorials, video-courses and masterclasses about music production and related subjects (“Courses”).
PROPRIETARY RIGHTS AND LICENSES
Please be aware once again that the term Services used in this Agreement includes the following IP you get access to through the Website: the Website as it is, Courses, any copyrighted content, text, information, documentation, illustrations, graphics, photos, images, software, technology, code, scripts, sounds, music, videos, and interactive features, and the content of our employees, contractors, service providers, partners.
All rights, titles, and interests in and to the Services. are and will remain the exclusive intellectual property of the Company and its licensors.
The IP is under protection of patent rights, copyright, trademark rights, and the laws of the European Union, international conventions and your local applicable laws.
The Company grants you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use our Services for your personal, noncommercial purposes in strict accordance with these Terms and all applicable laws including copyright law. All other uses are expressly prohibited.
When you purchase the license and enroll to a paid Course we grant you a limited, non-exclusive, non-sublicensable, non-transferable, for your personal, noncommercial purposes, three-months license to master this Course. After expiration of this term we reserve the right to limit your access to such Course unilaterally any time, however we will leave you not-guaranteed access as long as we have technical feasibility, and you understand and agree that you are not entitled to any claims regarding availability of the purchased Course on the Website after expiration of the license.
Some specific regarding the licence to use some of our Services associated to the Course is in the section “Services” below.
In certain instances when we give express consent for, we may directly permit you to download, install or print some content or materials. In such a case, you may do so only in the manner authorized, for your individual non-commercial use only and with all other applicable restrictions provided by these Terms.
Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in our Services in the widest possible meaning.
We reserve any and all rights not expressly granted you in these Terms.
You may not under:
● use the Services for any commercial purpose, for any public display or public performance (commercial or non-commercial);
● modify, copy, duplicate, reproduce, broadcast, distribute, decompile, disassemble, reverse engineer, adapt, edit, create derivative works, publish, translate the Services;
● transmit, assign, sell, rent, lease, share, lend, sublicense, or otherwise transfer or use any Services;
● remove, alter, cover or distort any copyright, trademark or other proprietary notations from the Services;
● collect any personal data from our facilities;
● take part in the collective purchase of our Services;
● interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of our Services;
● infringe the copyrights (or other intellectual property rights) of the Company and/or the third parties;
● use our Services for or during any illegal or abusive activity;
● encourage behavior that violates any laws, or impersonate another user, person, or entity, or engage in any conduct that restricts or inhibits any other user from using our Services;
● violate U.S. laws and sanctions, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations, administered by the Department of Commerce;
● not cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.
Availability of Services licensed.
You agree and understand that the licensed Services may not be available for you on the Website all the time due to technical, legal or other reasons and that is why our license to the Services is limited to the time of our feasibility to provide you with access to the Services including all associated content and materials.
Revoke of license granted to you.
We reserve the right at our sole discretion to revoke any license granted to you to access and use any and all Services at any point in time in the event where we decide or are obligated to disable your access to Services and should take other actions against you due to legal or these Terms reasons, for example, if you violate any of restrictions of these Terms, or your behavior regarding our Services is abusive (for example you purchase Services and refund several times, or attempt to refund over the refund period), or you otherwise abuse of these Terms and other Company's legal terms and policies, or you infringe directly, or you are being suspected of infringing the Terms, copyrights, or other intellectual property rights, of the School or of the third-parties.
Upon terminating your enrollment, or access, or other engagement to the Services, or upon the termination of your license, you must delete and remove any of our IP in your possession whether in all and any formats.
The license to Services stipulated in these Terms is not applicable and does not give access to all other products and services of the Company.
|In our sole discretion, we reserve the right to remove or disable access to any and all our Services, including content or material claimed to be infringing or to be the subject of infringing activity and to remove or disable access to any and all Services claimed to be infringing.|
|We provide you with our Services 'as is'.|
We are not and will not be liable for any loss or damage caused by your reliance on our Services including user support, Service content and associated materials.
Our Services may include certain content of a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services.
When you enroll to a Course, in certain cases we and/or third-party Course-provider may render you some services associated with this Course that is support in mastering the Course and providing you with materials associated with the Course. Such Services are limited to a time of license to the Course granted to you. After expiration of this time period the School shall not provide you with any Service regarding your use of such enrolled Course.
For more information whether the specific Course is provided with the Course-provider`s support please apply to the relevant Website`s enrollment page of such Course.
You acknowledge and agree that we are not responsible for the availability of any third-party websites or resources, and we do not endorse any advertising, content, service or other materials on or available from such websites or resources.
We are not responsible for any content posted on third-party websites or liable to you for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, service or other materials on, or available from, such websites or resources.
|Our Services are provided 'as is' and on 'as available' basis. You use and purchase our Services at your own risk.|
We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions concerning:
● fitness for a particular purpose or usefulness of Services;
● that our Services will meet your requirement;
● non-infringement of intellectual property or other violation of rights;
● accuracy, reliability, availability, likely results, timeliness, security, reliability or informational content of our Services or Service Content;
● services or goods received through or advertised or accessed through our Services;
● that errors in our Services or Service Content will be corrected.
LIMITATION OF LIABILITY
|In no event the Company will be liable for any indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), including, without limitation, damages for loss of data or profit and savings, loss of programs or information, loss of business profits, or due to business interruption, or any other damages arising out of the unavailability, use, reliance on, inability to use or improper use of the Services, or arising out of, relating to, or in any way connected with our Services or these Terms.|
If you are not satisfied with our Services your sole remedy is to stop using our Services.
Such limitation shall apply with respect to damages incurred by reason of goods received through or advertised in connection with our Services or hyperlinks placed in our Services.
Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party using our Services.
Notwithstanding anything to the contrary contained herein, in no event shall the cumulative liability of the Company and its officers, directors, employees, contractors, parents, successors, agents, partners, affiliates, subsidiaries and their related companies exceed the lesser of the total payment received from you by us during the preceding twelve (12) month period or $100.
You agree that any cause of action related to our Services must commence within one (1) year after cause action accrues.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
|You agree to indemnify and hold harmless the Company and its officers, directors, employees, contractors, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User content provided by you or through use of your engagement with our Services (iii) any actual or alleged violation or breach by you of these Terms; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.|
REVISIONS AND ERRATA
|Our Services including associated content and materials appearing may include technical, typographical, or photographic errors. The Company does not warrant that any of content or materials are accurate, complete, or current. We may make changes to the Services including associated content and materials at any time without notice. The Company does not, however, make any commitment to update the content or materials.|
PAYMENTS AND REFUNDS
|General Purchase Terms.|
We use Shopify Inc`s online e-commerce platform to provide you with our Courses including all associated paid services (if applicable). We may also propose you payment solutions that allow you to choose instalment plan to buy our Services. You agree to pay the applicable fees as they become due. We may offer some of our Courses or certain portions of our Services at no charge and others for a one-time royalty-free fee, on a subscription basis or under any other lawful pricing structure depending on the options available for you during the purchase procedure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use our Services.
We reserve the right to limit the licenses, revoke the licenses or to stop providing Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services. All descriptions of Services and pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Services at any time. Any offer for any Services made on the Website is void where prohibited. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services.
In some cases, for example if we receive an information from the payment processor that your order is suspicious, risky or potential fraud we may ask you to provide us with additional confirmation that transaction was legal and authorized in an appropriate way, we hold a right not to give you an access to Services and do not provide you with any Services till receive relevant confirmation from you.
Relevant information about fees is always available on the Website and may be modified during the payment process by the reasons set below in this section (promotional status, applicable discount, payments method, etc.). Payment requirements are indicated on the applicable checkout page or section. In some instances, you might have an option to previously enroll in a Course or may enroll in a Course without any payment.
For certain courses we may offer discounts from time to time depending on some formal status of a customer (for example, student), or geographic region. Relevant information about current and applicable discounts you may find at our Website`s page about certain course in FAQ`s section “Discounts”.
Fees may vary based on your location, the type of Payment Method you choose, where your Payment Method was issued, applicable taxes and other arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. We may not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all customers, and that specific additional terms and conditions may apply to certain promotional programs, pricing, or geographic locations, or discounts, or discount coupons.
Payment Card Billing.
Payment card payments are processed by our third-party payment processors. By agreeing to this Terms, you agree to be bound by relevant third party`s terms of service where applicable. Any breach of those terms will be treated as a breach of these Terms.
If you have selected a one-time royalty-free full payment, you will be charged to the Payment Method for the cost of the license and any applicable taxes. If you have selected an applicable several payment plan or subscription plan, your payment card will be automatically charged monthly for the applicable fees and any applicable taxes.
When you purchase any license from us, you agree to pay not only the applicable fee, but also all applicable sales, use, indirect, transaction fees and taxes, or other government-required fees and charges that the Company determines it is required to collect (“Taxes”).
Please note that the Company will calculate the “estimated Taxes” at checkout of the payment process and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize us to modify and charge any Taxes owed by you upon confirming the tax rate. Please also note that where indirect tax collection is required, if any, such taxes will be calculated and added at checkout. You hereby agree to indemnify and hold the Company harmless against any and all claims by any tax authority for any underpayment of any taxes and any related penalties and/or interest.
If you purchased the license for a Course but are not satisfied you can request a refund within 14 days from your purchase date if applicable. We will not process refund requests after the refund period.
We reserve the right to refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased your license.
If you used a discount coupon for certain purchase then you are not eligible for a refund for such purchase.
If at our own discretion you had enough time to make sure of what you purchased before to make payment by accessing to a free-lesson or free-version of the Course, or you had enough time to make sure of what you purchased by proceeding more than 50% of the Course licensed to you before the refund was requested, than you are not eligible for refund and refund request shall be rejected.
At our discretion, if we believe you are abusing our policies, we reserve the right to ban you and to restrict all future use of the Services. If we ban you or disable your access to our Services due to your violation of these Terms or other School's policies, you will not be eligible to receive a refund.
If you are not satisfied with the Course-provider`s support of the Course you enrolled to (if applicable), you can not get a refund for a license you purchased because such support is being provided to you for free.
A customer who is eligible for refund can get a refund and should request a full refund by contacting us at [email protected]. If we satisfy your refund request you will be disenrolled from the Course.
Other than stated for each form of enrollment, you hereby acknowledge and agree that the School will not offer refunds on any fees and charges related to your purchase of any license. This includes any partially used or unused parts of Services for which you have already paid.
If you purchase any license through a third-party marketplace and/or by using installment plans payment services, the refund policy applicable to that third-parties shall apply, unless otherwise explicitly stated by the School, and the third-parties will be solely responsible for making refunds under their refund policy, and the School will have no refund obligations. The School disclaims any responsibility or liability related to any third-party marketplace refund policy or the third party's compliance or non-compliance with such policy.
|Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your engagement with the Services or these Terms shall survive including, but not limited to the indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions in the Section titled “miscellaneous”.|
|The School may revise these Terms at any time without notice. By using our Services you are agreeing to be bound by the then current version of these Terms.|
|Any claim relating to the Services shall be governed by the laws of Czech Republic without regard to its conflict of law provisions.|
|No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.|
Except where specifically stated otherwise, if any part of these Terms is unlawful or unenforceable for any reason, we both agree that only that part of the Terms shall be stricken and that the remaining terms in the Terms shall not be affected.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.
You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms or any rights hereunder without your consent and without notice.