These terms and conditions govern your use of the Learn To Sing Studios website, services, products, and applications owned and operated by Spirit Seven Inc. (the “Services”); by accessing or using the Services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Services. References herein to “us”,“we”, “our”, or the “Company” mean Spirit Seven Inc.
License to use Services
Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the website and material on the website and Services. Subject to the license below, all these intellectual property rights are reserved.
You must not:
Republish material from the Services (including republication on another website);
Sell, rent or sub-license material from the Services;
Show any material from the Services in public;
Reproduce, duplicate, copy or otherwise exploit material from the Services for a commercial purpose;
Edit or otherwise modify any material on the website; or
Redistribute material from the Services (except for content specifically and expressly made available for redistribution).
Acceptable Use
You must not use the Services in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Services.
You must not use the Services to transmit or send unsolicited commercial communications.
You must not use the Services for any purposes related to marketing without Spirit Seven's express written consent.
Restricted Access
Access to certain areas of the Services is restricted to licensees of our proprietary content. We reserve the right to restrict access to other areas of the Services, or indeed this entire website, at our discretion.
Account Security
You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process (collectively “Registration Data”). Once registered for the Services, you shall receive a unique user ID and password in connection with your account. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed. You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party.
You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Spirit Seven Inc. of any unauthorized use of your account. Spirit Seven Inc. reserves the right to suspend or terminate your account at any time and for any reason.
User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit via the Services, for whatever purpose.
You grant to Spirit Seven Inc. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Spirit Seven Inc. the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Spirit Seven Inc. or a third party (in each case under any applicable law).
You must not submit any user content to the Services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Spirit Seven Inc. reserves the right to edit or remove any material submitted to the Services, or stored on Spirit Seven's servers, or hosted or published upon the Services.
Notwithstanding Spirit Seven's rights under these terms and conditions in relation to user content, Spirit Seven does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Copyright Infringement
Spirit Seven respects the intellectual property of others. If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html.
Spirit Seven's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email:info@learntosingstudios.com
By mail: Playground Sessions 32 Ave of the Americas, 19th Floor New York, NY 10013
We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.
Payment
You agree that you will pay for all products or Services you purchase via the services, and that we may charge your credit card or PayPal account for any products purchased and for any additional amounts, including fees that accrue on a monthly basis and any taxes and late fees, as applicable, that may be accrued by or in connection with your account. Certain subscriptions fees for specific Services are payable in full in advance of the applicable subscription period. In no event will the Company refund fees paid to the Company unless otherwise set forth in any policy applicable to Services provide to you. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your information online in the account information section of our site. Your total price will include the price of the product or service plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable. Prices for products or services offered via the Services may change at any time.
No Warranties
The Services are provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to the Services or the information and materials provided therein or therewith.
Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that:
the Services will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Limitations of Liability
Spirit Seven will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Services:
to the extent that the Services are provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
THESE LIMITATIONS OF LIABILITY APPLY EVEN IF THE COMPANY HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES.
Exceptions
Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit Spirit Seven's liability in respect of any:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation on our part; or
matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using the Services, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.
If you do not think they are reasonable, you must not use or access the Services.
Other Parties
You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Services.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Services disclaimer will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Spirit Seven Inc.
Unenforceable Provisions
If any provision of the Services disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.
Indemnity
You hereby indemnify the Company and undertake to keep the Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers) incurred or suffered by us arising out (i) your use of or access to the Services, (ii) of any breach by you of any provision of these terms and conditions, or (iii) any claim that you have breached any provision of these terms and conditions.
Breaches of These Terms and Conditions
Without prejudice to the Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Services, prohibiting you from accessing the Services, blocking computers using your IP address from accessing the Services, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Termination
The Company may suspend your access to the Services and/or terminate this Agreement at any time if you (i) in any way breach any provision of these Terms or related policies or guidelines; (ii) the Company elects at its discretion to cease providing access to the Services in the jurisdiction where you reside or from where you are attempting to access the Services, or (iii) in other reasonable circumstances as determined by the Company at its discretion.
Upon termination for any reason, you must cease all use of the Services. Your termination for any reason shall not release you from any liabilities or obligations set forth in these Terms.
Playground Sessions reserves the right to discontinue any aspect of the Services at any time.
Variation
The Company may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Services from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
The Company may transfer or sub-contract the Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer or sub-contract your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These terms and conditions constitute the entire agreement between you and the Company in relation to your use of or access to the Services, and supersede all previous agreements in respect of your use of the Services.
Privacy Policy
To view Spirit Seven's Privacy Policy,
click here.
About These Terms and Conditions
These web site terms and conditions apply to your use of the services. These terms and conditions were made using a Contractology website terms and conditions precedent available at www.freenetlaw.com.