Last Modified: June 01, 2020
Welcome to www.homeschoolmusicconservatory.com (“Website” or “Site”). The Website is owned and operated by Homeschool Music Conservatory, LLC (hereinafter “HMC,” “Company” “we” “us” or “our”), a company formed and operating in accordance with the laws of the State of New York. Any reference in these Terms and Conditions to “You,” “Your,” or “User” refers to the person who accesses the Website.
These terms and conditions, govern your use of the Website and all information made available by the Company through the Website. By continuing to use the Website, you agree to abide by these terms and conditions and our Privacy Policy (collectively referred to as “the Agreement” or “the Terms”). Please read the terms in full before using the Website. If you do not accept these Terms, please do not use the Website. Your continued use of the Website will be deemed as your tacit acceptance of these Terms.
Eligibility
Our Website is not targeted at users who are under the age of thirteen (13) years. If you are under thirteen (13) years of age, you may not access our Website without the supervision of your parents or legal guardian.
Information Disclaimer
All information on the Website is made available for general information purposes only, and it should not be relied upon to make any decisions without prior consultation with HMC. Although we make our best effort to ensure that all information displayed on the Website is correct, current and complete, you understand and accept that there may be errors, omissions as well as historic information on the Website which is not intended to guide your decisions.
We reserve the right to but we are not under any legal or moral obligation to
modify any information on the Website. We will not be held liable for any
errors, omissions or outdated information on the Website. Your reliance upon
any information made available through the Website is entirely at your own
risk.
Intellectual Property
All text, images, audio, video, logos, and trademarks available on the Website (hereinafter “Company Content”) is owned by the Company or its licensors and is protected by copyright, trademark, and applicable laws and conventions. You may not remove or modify any copyright notices, trademarks, or other similar intellectual property notices from any Company Content. You are strictly prohibited from copying, selling, modifying, reproducing, republishing, distributing, transmitting, performing, licensing, reverse engineering, or creating derivative works of any Company Content without our express written consent.
The Company and its licensors grant you a revocable, non-exclusive, non-transferable license to use the Company Content for your personal and non-commercial use only.
Copyright Infringement Notice
If you believe that your copyrighted content is publicly posted, uploaded or made accessible on the Website without your authorization, please inform us at oxanamikhailoff@gmail.com and provide us with the following information:
1. Identification of the content that is claimed to be infringing your copyrighted works (such as links to the page where such content appears and description of the content);
2. Your contact information including your name, phone number, and email address;
3. A written and signed statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us regarding the copyright infringement;
4. A statement by you confirming all the information provided by you is bona fide true.
We will investigate your claim and take appropriate action.
Maintenance
From time to time, we may be required to carry out scheduled or unscheduled Website maintenance, including but not limited to testing, repairs, upgrades, and other similar tasks. Under such circumstances, we may have to deactivate or suspend your access to the Website temporarily. The Company shall not be liable to indemnify any User for any loss, damage, costs or an expense that the User may suffer or incur, as a result of such deactivation or/and suspension.
Amendments
The Company reserves the right to add new Website features and functionality, modify any existing features as well as amend any provision of this Agreement. Any changes in features and functionality will become effective from the date of implementation on the Website. If we make any amendments to any provision of this Agreement, we will notify you by updating the last modified date on the top of the web page where these Terms appear. It is solely your responsibility to review these Terms periodically. The Company will not assume any liability arising from your failure to review the Terms.
Prohibited Conduct
You expressly agree that:
1. You will only use the Website in compliance with all applicable laws and regulations;
2. You will not modify, adapt, translate, or reverse engineer any portion of the Website;
3. You will not use any robot, spider, site scraping/retrieval application or any other automated routines in order to scrape any data/information from any part of the Website;
4. You will not reformat or frame any portion of the Website without the express written consent of the Company, which may be declined in our sole discretion;
5. You will not attempt to gain access to any unauthorized areas of the Website through any illegal means including hacking or other similar means;
6. You will not probe, scan or test the vulnerability of the Website or any other security measures implemented by the Company;
7. You will not use any software, device or routine that interferes or attempt to interfere with the proper working of our Website or any other users’ use of our Website;
8. You will not post or submit any content or material on any Website, that falsely expresses or implies that such content or material is sponsored or endorsed by the Company;
9. You will not post any content on the Website that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or content that is violent, pornographic, sexually explicit, defamatory, suggestive or in any way inappropriate for the Website;
l0. You will not upload, distribute or publish any content on the website that is confidential, fraudulent, libelous, defamatory, obscene, violates anyone’s privacy, publicity or intellectual property rights;
11. You will not impersonate another person when using the Website or contacting the Company;
12. You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
If we discover that you have violated any of the aforementioned terms, we reserve the right to take appropriate legal action to ensure the safety of our Website and Users.
Links to and from other websites
Any links to third party websites located on our Website are provided for your convenience only. We do not review each third party website and we shall not be responsible for the content or services offered by any such third party. You acknowledge that third party websites are governed by their own terms and conditions as well as privacy policies. You are advised to carefully review the terms and conditions and privacy policies of third party websites before accessing them. Your decision to use a third party website is entirely at your own risk.
If you would like to link to our Website, you may only do so subject to the following conditions:
1. You will not imply that the Company is endorsing any products, services or content unless expressly agreed otherwise by an authorised Company representative;
2. You will not misrepresent your relationship with the Company;
3. Your website does not contain any content that is offensive, demeaning, controversial, infringes any intellectual property or privacy rights of others or that does not comply in any way with any U.S. federal laws.
Disclaimer and Limitation of Liability
THE WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE BASIS” WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INFORMATION AVAILABLE ON THE WEBSITE DOES NOT CONSTITUTE ADVICE AND SHALL NOT CREATE ANY WARRANTY OF ANY KIND WHATSOEVER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES THAT ARE NOT EXPRESSLY REFERENCED HEREIN, INCLUDING BUT NOT LIMITED TO:
1. THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, AND COMPLETELY SECURE;
2. ANY SPECIFIC RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY INFORMATION AVAILABLE ON THE WEBSITE; OR
3. ANY INFORMATION/COMPANY CONTENT ON THE WEBSITE IS CORRECT, CURRENT, COMPLETE, USEFUL, OR RELIABLE.
NOTHING IN THIS AGREEMENT SHALL ACT TO EXCLUDE OR LIMIT THE LIABILITY OF THE COMPANY FOR FRAUD BY THE COMPANY, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS SHAREHOLDERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LIABILITIES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE LIMITATION OF LIABILITY APPLIES TO DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ANY OTHER DISPUTE ARISING FROM OR ASSOCIATED WITH ANY ASPECT OF THE WEBSITE OR INFORMATION PROVIDED BY THE COMPANY THROUGH THE WEBSITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES AND SERVICE PROVIDERS UNDER ANY CIRCUMSTANCES EXCEED FIFTY U.S. DOLLARS. YOU ACCEPT THAT YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
Governing Law and Jurisdiction
This Agreement and any dispute arising out of or in connection with this Agreement or its subject matter shall be governed and construed by the laws of the State of New York, without giving effect to any principles of conflict of laws. Both parties hereby submit to the exclusive jurisdiction of the courts located in the State of New York to settle any claims and actions arising out of or related to this Agreement.
Force Majeure
Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.