Terms of Use

Through its online platform, Practice.Party offers a means for online learning to be facilitated between music teachers/professionals and students of music. Practice Party and its partner entities offer the service and network for Practice Party (collectively, the “Company” or “Practice.Party”). Practice.Party offers a thorough learning and music practicing environment for a variety of instruments. We are a music education company established to solve typical barriers to learning and practice of music, such as price, convenience, and location. The educational platform provided by Practice.Party will go above and beyond your expectations, regardless of whether you want a formal training program, just want to learn a few songs or practice what you already know.

(For questions related to lessons please visit the  Student Terms of Use)

 

General Terms of Use

 

 

1. Assent to the Terms of Use
You agree to be bound by the Company’s Terms of Use (“Terms of Use” or “Agreement”) as described herein by accessing and using the Practice.Party website/services, (collectively, the “Site” or “Service”). However, in some cases, these Terms of Use may be modified by a specific written agreement signed by both parties.

2. Modifications to the Terms of Use
The Company reserves the right to periodically alter these Terms of Use without prior notice, and such modification shall take effect immediately upon publishing on the Site. When you use the Site or use the Service after any modification to these Terms of Use is posted to the Site, you agree to be bound by any changes. It’s crucial that you often examine the Terms of Use.

3. 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 other legal theory, arising from or related to your access or use of the site and/or service, even if the Company has been advised of such damages being possible.

b. Whatever the case, the Company’s liability to you, including that of its affiliates, directors, officers, employees, agents, and assigns, shall in no event exceed the amount you paid, if any, to the Company for your registration with the site and use of the service during the term of your use. You may not file a claim against the company more than two (2) years after the cause of action first arose in connection with these terms, the site, the service, content, or user content. the fullest extent permitted by law applies to this limitation of liability.

c. You expressly acknowledge that the company is not responsible for user content or the defamatory, offensive, or unlawful conduct of third parties and that the risk of harm or damage resulting from the foregoing is solely your responsibility.

d. Under no circumstances shall the company be liable 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 through this site and/or service. you should make sure to save a complete and up-to-date copy of the site’s information, content, and materials at a location apart from the site. any content, information, or materials stored, hosted, streamed or uploaded on or through, transmitted to, linked from, or posted or published on the site are not guaranteed to be available by the company.

e. The company operates the site and service from the United States of America. The company makes no claims that the site and service are suitable for use in other areas or are even available there. In accordance with these terms of use, anybody accessing or using the site and/or service from another country does so of their own free will and is in charge of adhering to local laws in that country.

4. Force Majeure
Practice.Party shall not be liable for any delay or failure to perform due to any causes or conditions that are beyond Company’s reasonable control, including without limitation, fire, acts of God, riots and insurrections, strikes, boycotts or lockouts, embargoes, judicial action, lack of or inability to obtain resources, power outages or communication failures, and acts of civil or military authorities.

5. Links to Other Websites or Other Services
Links to other websites (“Linked Sites”) may be found on the Practice.Party website. The Linked Sites are not within Practice.Party control, and Practice.Party is not liable for any Linked Site’s contents, including any links within a Linked Site and any changes or updates made to a Linked Site. Several of the services made accessible by Practice.Party are provided by external websites and businesses. When using any Practice.Party based product, service, or functionality, you hereby acknowledge and agree that Practice.Party may share your information and data with any third party with whom Practice.Party has a business relationship in order to deliver the requested product, service, or functionality on behalf of Practice.Party users.

6. Conflicts Among Users
The users of Practice.Party services are solely responsible for resolving any problems that may develop between themselves; the company is in no way responsible or liable for any such disputes. However, the Company will provide best efforts to resolve the issue between users  subject to its limitations.

7. Digital Communications
Digital communications include messages sent via email to Practice.Party, or either through visiting Practice.Party website. You agree that all agreements, notices, disclosures, and other communications that we give to you digitally, through email, and on the Site, fulfill any legal need that such communications be in writing. You also consent to receiving digital communications from us.

8. No Illegal or Prohibited Use/Intellectual Property
For as long as you completely abide by these terms of use, you are given non-exclusive, non-transferable, revocable permission to access and use Practice.Party Services. You must guarantee to Practice.Party that you will not use the site for any purposes that are illegal or against the law as a condition of using the site. You are not permitted to use the website in any way that might endanger another person’s use and enjoyment of the website or harm, disable, overtax, or impair the website. You are not allowed to use any methods that the Site has not specifically made available or made provision for in order to get or attempt to obtain any materials or information.The software utilized on the Site, as well as any text, graphics, logos, or other information contained as part of the Service, is the property of Practice.Party or its providers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You acknowledge that any such information may contain copyright and other proprietary notices, markings, or other limitations and that you will not modify such content in any way.The Site’s content, in whole or in part, may not be altered, published, transmitted, reverse-engineered, transferred, sold, used in derivative works, or otherwise exploited by you. Content from Practice.Party sessions cannot be sold. Your use of the Site does not give you the right to use any protected information in an illegal manner, and you agree to keep all property rights and attribution notices intact in all content. You will only use content that is protected for personal use, and you won’t use it for any other purposes without Practice.Party’s written consent. You acknowledge that access to any protected content does not grant you any ownership rights. Except as specifically permitted by these Terms, we do not otherwise give you any express or implied rights to the intellectual property of Practice.Party’s or its licensors.

9. International Users
Practice.Party is in charge of managing the Service from its headquarters within the USA. You are in charge of adhering to all local laws if you access the Service from a place outside of the USA. You acknowledge that Practice.Party’s content obtained via its website or otherwise may not be used in any jurisdiction or for any purpose that is unlawful under any applicable law, rule, or regulation.

10. Dispute Settlement
The courts of the State of Delaware shall have exclusive jurisdiction over any and all disputes (whether contractual or non-contractual) arising between you and us in connection with your access to and use of the Website, including disputes regarding the validity of these Terms or any policies we may issue. You agree that before filing any claim against us, you will endeavor to settle the matter amicably with us.

11. Privacy Policy
Practice.Party is aware of the importance of privacy to its clients, guests, users, and other users of the website. The Company terms of use are integrated into and are subject to our Privacy Policy. The rules of this Privacy Policy and our Terms of Use continue to apply to your use of the Site and any personal information you submit there. Please be aware that any video, audio, picture, and/or other content uploaded to the site at users’ request becomes published content and is not covered by our Privacy Policy since it is not considered personally identifiable information. For complete information in a format compliant with the GDPR, please see our Privacy Policy.

12. Non-Disclosure
The User makes a promise not to divulge any sensitive information about the Practice.Party, its operations, or anything associated with them to any person, business, or organization. The term “confidential information,” refers to any trade secrets and confidential and proprietary information of the Practice.Party and its affiliates, including but not limited to –

(a)  the whole or any portion or phase of any business plans, financial information, accounting data, or other financial information,
(b)  the whole or any portion or phase of any development information, Practice.Party session procedures, processes, or other technical information,
(c)  the whole or any portion or phase of any marketing or sales information, sales records, student lists, student information, staff information, products and services, financial products and services pricing, financial information and projections, or other sales information, and
(d)  trade secrets, as defined from time to time by State and Federal laws.

Confidential information does not, however, include information that, as of the date hereof or at any time thereafter, is published or disseminated without a duty of confidence or that enters the public domain (x) as a result of an action by the Practice.Party. The disclosure required by a court order, a subpoena from an appropriate government agency, or a disclosure made by the Practice.Party in the regular course of business.

13. Non-Disparagement
The User undertakes to abstain from disparaging, defaming, damaging, or slandering and from tortiously interfering with the Practice.Party services.

14.  Miscellaneous

a. This Agreement shall be governed by the substantive laws of the United States of America and the State of Delaware (without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction).

b. The Company and any User do not have a partnership, employer-employee relationship, agency, franchisor-franchisee connection, or joint venture. The entirety of this Agreement shall remain in full force and effect even if any provision is found to be defective or unenforceable. Any provisions of this Agreement that are not enforced by the Company or any of its rights under this Agreement are not deemed to have been waived by the Company. Any term or right that is waived under this Agreement will not be considered waived again or indefinitely.

15. Contacts Us
Email us at anne@practice.party if you have any queries about these Terms or need to get in touch with us for any other reason.