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Terms of Service Agreement

SUMMARY

  • Section 1: Definitions. Defines terms used throughout the Terms of Service Agreement.

  • Section 2: Account Terms. The requirements to create and maintain an Account with All Around Music.

  • Section 3: Terms of Use. Rules for use of All Around Music’s Services.

  • Section 4: Copyright Infringement Policy. How to report potentially copyright infringing Content on All Around Music’s Website.

  • Section 5: Intellectual Property Notice. Describes All Around Music’s rights in the Website and the Service.

  • Section 6: Payment Policy. All Around Music’s payment policy and methods of payment.

  • Section 7: Termination and Cancellation. Instructions for terminating and cancelling the Users' Account with All Around Music.

  • Section 8: Communication with All Around Music. All Around Music’s customer Service contact information.

  • Section 9: Disclaimer of Warranties. Products and Services provided by All Around Music are provided as-is and All Around Music makes no promises or guarantees about these Services.

  • Section 10: Limitation of Liability. All Around Music will not be held liable for any damages caused by All Around Music’s Services or incurred by users.

  • Section 11: Release and Indemnification. Users are fully responsible for the Users' use of the Service, and agree to reimburse All Around Music if All Around Music is sued for the Users' use of All Around Music's Service.

  • Section 12: Changes to these Terms of Service. All Around Music may modify this Agreement, but All Around Music will give Users 30 days' notice of changes that affect the Users' rights.

  • Section 13: Miscellaneous. Information on legal details including All Around Music’s choice of law.

 

Section 1: Definitions

The “Agreement” refers to all terms of All Around Music’s Terms of Service Agreement and Privacy Policy. (Privacy Policy available at {Here})

The “Service” refers to software, products, and Services provided by All Around Music.

As part of the Service, All Around Music records all teaching lessons including video, audio, and chat features of both Instructors and Users. These recordings are used solely for the purpose of ensuring quality and legal compliance, and will never be shared with third parties unless required by law. For more information on how All Around Music uses your information, please see our Privacy Policy located here: Click Here

The “Website” refers to www.allaroundmusic.us, including subdomains of www.allaroundmusic.us, and all Content, products and Services provided by All Around Music at or through the Website.

“User” refers to any person, organization, or group visiting the Website, using the Service, or directing the use of the Service.

“All Around Music” refers to All Around Music, LLC as well as All Around Music's associates and affiliates.

“Content” refers to Content stored or displayed on the Website, including but not limited to system models and modeling results. All Around Music’s Content includes the Services and all information posted by All Around Music on the Website.

“Account” refers to the legal relationship between Users and All Around Music.

 

Section 2: Account Terms

Required Information

To create an Account at www.allaroundmusic.us Users must provide:

  • A valid email address

  • The User’s First and Last name, or their guardian's First and Last name, and

  • A valid password

To create an Account with www.allaroundmusic.us, Users must be age 18 or older. Any person under the age of 18 must have the permission and consent of a parent or guardian to use All Around Music’s Services. For this reason, the Account must be created and managed by the minor User’s parent or guardian, and their information should be used to fill out the account information.

The Users' Account may only be used by one person and may not be shared with other people, companies, or organizations.

No Content or Service may be downloaded from www.allaroundmusic.us or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Content or Services is at the Users' sole risk.

Users are responsible for maintaining the security of the Users' Account. Users are also responsible for all Content posted and activity that occurs under the Users' Account.

 

Section 3: Terms of Use

All Around Music’s Services may be used for the Users' own personal use or for commercial purposes. When using the Service for commercial purposes, Users acknowledge that All Around Music provides NO WARRANTY that the Service will function correctly, be available at any given time or place, provide accurate results, or function in a timely manner.

Illegal and/or unauthorized uses of the Service are prohibited, including, without limitation:

  • Collecting usernames, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited messages or unauthorized framing of or linking to www.allaroundmusic.us, or

  • Employing third-party promotional sites or software to promote Accounts for money.

Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from User Accounts without notice or explanation and may result in the termination of the Users' Account.

All Around Music reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Prohibited Conduct - Users agree that Users will never:

  • Harass, abuse, threaten, or incite violence towards anyone (either individually or as a group), including All Around Music and its representatives or other All Around Music Users;

  • Attempt to disrupt or tamper with All Around Music's Website or Service in ways that could harm All Around Music's Website or Service, to place undue burden on All Around Music's Services through automated means, or to access All Around Music's Service in ways that exceed the Users' authorization;

  • Impersonate any person or entity, including any of All Around Music's employees or representatives, including through false association with All Around Music, or by fraudulently misrepresenting the Users' identity or site's purpose; or

  • Violate the privacy of any third party, such as by posting another person's personal information without consent.

 

Section 4: Copyright Infringement Policy

If Users believe the Contents of All Around Music's Website violate the Users' copyrights, please contact us at contact@allaroundmusic.us. There may be legal consequences for sending false or frivolous takedown notices, and before sending a takedown notice Users must consider legal uses such as fair use and licensed use. Repeat infringers will have their Accounts terminated.

 

Section 5: Intellectual Property Notice

All Around Music retains ownership of all intellectual property rights of any kind related to the Website and Service. All Around Music reserves all rights that are not expressly granted to Users under this Agreement or by law.

Unauthorized use of All Around Music’s intellectual property will be considered a violation of this Agreement, and the Users' Account will be terminated. Furthermore, All Around Music retains the right to bring legal action against any and every infringer.

 

Section 6: Payment Policy

All Around Music does not process the Users' payment information. All payment transactions are made through Square, PayPal, Affirm, Venmo, and Stripe. By using these payment methods, Users are agreeing to abide by their Terms of Service.

 

Section 7: Termination and Cancellation

Users can cancel their discounted monthly plans at any time via their account before the billing cycle goes through. There are no refunds after the billing cycle is completed. Users can revoke their acceptance of this Agreement by terminating their Account and ceasing use of All Around Music’s Service at any time.

To terminate the Users' Account, the User can contact All Around Music at contact@allaroundmusic.us.

 

Section 8: Communication with All Around Music

For contractual purposes, Users agree that (1) All Around Music may contact Users electronically by either the email Users provide for the Users' Account or by the Service, and (2) all documents including this Agreement and other documents provided by All Around Music satisfy any legal requirements that would ordinarily be satisfied by a paper document.

Any legal notice to All Around Music must be made in writing and delivered to All Around Music’s registered agent. Emails or electronic communications will not constitute legal notice to All Around Music.

All Around Music does not provide phone support. All Around Music only provides email and electronic communications support.

Emails may be addressed to contact@allaroundmusic.us.

 

Section 9: Disclaimer of Warranties

All Around Music provides its Service “as-is” and “as available”, and does not offer a warranty of any kind. All Around Music disclaims all warranties including, but not limited to, express, implied, or statutory warranties regarding the Website and the Service including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

All Around Music does not warrant that the Service will: meet the Users' requirements; function error-free, timely, or securely; provide accurate, reliable, or correct information; have any defects or errors corrected; be available at any given time or location; or be free of any viruses or harmful components. Users may use the Service at the Users' own risk, and Users assume responsibility for any loss resulting from use of the Service.

 

Section 10: Limitation of Liability

IN NO EVENT SHALL ALL AROUND MUSIC BE LIABLE TO USERS OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM USERS' USE OF www.allaroundmusic.us OR THE SERVICE, EVEN IF ALL AROUND MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ALL AROUND MUSIC'S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USERS TO ALL AROUND MUSIC FOR USING www.allaroundmusic.us.

 

Section 11: Release and Indemnification

Users agree to indemnify and hold All Around Music, its parents, subsidiaries, affiliates, subcontractors and other partners, and their respective owners, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third-party due to or arising out of the Users' use of www.allaroundmusic.us in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of the Users' representations and warranties set forth in this Agreement and/or any Content that Users post on or in connection with the Services or Website.

 

Section 12: Changes to these Terms of Service

All Around Music may change the terms of this Agreement in the future. Any changes will be sent to Users 30 days before they take effect via the email address Users provided for the Users' Account. Continued use of the Service after 30 days will constitute acceptance of any changes.

 

Section 13: Miscellaneous

Disputes with All Around Music

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without regard to its conflict of law provisions. Users and All Around Music agree to submit to the exclusive jurisdiction of the courts located within the State of Wisconsin to resolve any dispute arising out of this Agreement or www.allaroundmusic.us, and all disagreements will be governed and construed in accordance with the laws of Wisconsin. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

Disputes with other Users

Users are solely responsible for the Users' interactions with other Users, third-party developers, or any other parties with whom Users interact through www.allaroundmusic.us. All Around Music reserves the right, but has no obligation, to become involved in any way with these disputes.

Severability

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

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