Terms of service

TERMS OF SERVICE

 

Date of Last Revision: January 8, 2022


  1. Welcome to School of Song!   School of Song is a new take on music education that centers around community. We provide high-quality group classes & intensives for a student body that feels like family. We also consist of a collective of musicians based mostly out of the Los Angeles music scene. We tour in bands, write and record music, and are deeply committed to our instruments. We're passionate about making music and just as passionate about sharing our love of music through education.


1.1 Introduction: School of Song LLC (“School of Song,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.schoolofsong.org (the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.


1.2 Modifications to Terms of Service: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law.  Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Terms of Service from time to time.


1.3 Privacy: Your privacy is important to School of Song. As such, PLEASE SEE OUR PRIVACY POLICY about the personal information that School of Song may collect, and the ways in which School of Song may use that personal information. By using the Service, you consent to our potential collection and use of personal data as outlined therein.


  1. Access and Use of the Service


2.1 Use Description: Services provided by School of Song, and any content viewed through our service, is solely for your personal and non-commercial use. With your class or other purchase we grant you a limited, non-exclusive, non-transferable, license to access the School of Song content and view your course(s). Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. School of Song may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.


2.2 Your Registration Obligations: You may be required to register with School of Song in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service forms or requests for information. Registration data and certain other information about you are governed by our Privacy Policy.  If you are under 16 years of age, you are not authorized to use the Service, with or without registering or in any capacity.  In addition, if you are 16 or 17 years old, you may use the Service only with the approval of your parent or guardian.

 

2.3 Member Account, Password and Security: You may never use another's account, and you may not provide another person with access to your account. You are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify School of Song of any unauthorized use of your account or any other breach of security. School of Song will not be liable for any loss or damage arising from your failure to comply with this Section.


2.4 Modifications to Service: School of Song reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that School of Song will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of account information or submitted content for any period of time beyond what may be required by applicable law.


2.5 General Practices Regarding Use and Storage: You acknowledge that School of Song may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on School of Song’s servers on your behalf. You agree that School of Song has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that School of Song reserves the right to terminate accounts that are inactive for an extended period of time or for any reason. You further acknowledge that School of Song reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


2.6 Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you.  


2.7 Refund Policy: Unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as set forth in the refund policy applicable to any Service you purchase through a third-party marketplace (see Section 3.3 below), should you become dissatisfied with the Service and request a refund prior to the first scheduled class, then you will be refunded in full.  Should you become dissatisfied with the Service after the first scheduled class, you will be refunded a pro-rata amount based on the number of remaining classes, which may be rejected or rescinded by School of Song for any reason in its discretion.  Refunds are not available for accounts which have violated the terms ofyou service, violations of which are determined at School of Song’s sole discretion. If School of Song determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding same, please email hi@schoolofsong.org.


  1. Conditions of Use


3.1 User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service, including uploading to third party applications or websites such as Discord. School of Song reserves the right to investigate and take appropriate legal action against anyone who, in School of Song’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service or facilitating removal from the third party website or applications, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:


  •   email or otherwise upload any content in connection with the Service that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of School of Song, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose School of Song or its users to any harm or liability of any type;               

            

  •   interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or third party applications or websites utilized to facilitate the Service;


  •   violate any applicable local, state, national or international law, or any regulations having the force of law;


  •   impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;


  •   harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;


  •   advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;


  •   further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or


  •   obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.


3.2 Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide School of Song information regarding your credit card or other payment instrument. You represent and warrant to School of Song that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay School of Song the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms of Service. You hereby authorize School of Song to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let School of Song know within sixty (60) days after the date that School of Song charges you. We reserve the right to change School of Song’s prices for various offerings. Your continued use of the Service after any prospective price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on School of Song’s net income.

 

3.3 Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.


3.4 Commercial Use: Unless otherwise expressly authorized herein or by School of Song in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.


  1. Intellectual Property Rights


4.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by School of Song you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by School of Song from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of School of Song affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software in any way connected to the Service. Any rights not expressly granted herein are reserved by School of Song.


The School of Song name and logos may constitute trademarks and service marks of School of Song or otherwise be protected by applicable law in favor of School of Song. Other School of Song, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to School of Song. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of School of Song trademarks or service marks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of School of Song logos, trademarks or service marks will inure to our exclusive benefit.


4.2 Third Party Material: Under no circumstances will School of Song be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that School of Song does not pre-screen all content, but that School of Song and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, School of Song and its designees will have the right to remove any content that violates these Terms of Service or is deemed by School of Song, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.


4.3 User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content in any way associated with the Service, you hereby grant and will grant School of Song, its affiliated companies and partners (including but not limited to School of Song instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).


You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to School of Song, its affiliated companies or partners are non-confidential and School of Song, its affiliated companies and partners, in addition to third party applications, will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 


With respect to your musical compositions and sound recordings which constitute User Content or Submissions, however, you will have full and unfettered ownership rights of any copyrights thereto and you will have unrestricted use and dissemination for any purpose, commercial or otherwise, except as authorized by this section and except in the event you add, supplement, revise or in anyway modify prior works containing intellectual property owned exclusively of School of Song, its agents or artist-teachers.

 

The below examples are intended to demonstrate two commonplace scenarios where the above provisions may take effect:


Example 1: Authorized Ownership


As part of an assignment for School of Song, you are asked to create an original composition and sound recording of a folk song which incorporates the principles of syncopation and emphasizes contrasting dynamics.  While at home, you create an original composition and generate a sound recording of a folk song you entitled, “Snowy Roads.”  You then upload a sound recording of “Snowy Roads” to Discord so that you can exchange your work and receive feedback from School of Song’s instructors and fellow students.  In this scenario, you are an owner of the lyrics, musical composition, and sound recording for “Snowy Roads”, subject to School of Song’s license to distribute and display “Snowy Roads” for its own purposes. 


Example 2: Unauthorized Ownership


As part of a class with School of Song, taught by Grammy-nominated folk singer – Joe Johnson – Joe shares with you a confidential, unreleased album of folk songs he created for School of Song’s teaching materials.  Joe asks you to compose back-up tracks for his unreleased album of songs and modify certain songs – with an aim of emphasizing dynamics – using technological means available to you at home.  You compose various back-up tracks and utilize software to alter Joe’s album of quiet folk songs to a louder heavy-metal sound.  You then upload the sound recordings of your back-up tracks and heavy-metal take on Joe’s album to Discord.  In this scenario, you are not an owner of any resulting sound recordings or musical compositions, let alone the original lyrics in the unreleased album, because you utilized Joe’s unreleased album and in turn, his intellectual property, to generate a resulting set of musical works. 


4.5 Copyright Complaints: School of Song respects the intellectual property of others. If you believe in good faith that any materials on the Sites infringe upon your copyrights, please send the following information to School of Song’s Copyright Designated Agent address at hi@schoolofsong.org, including the following information:


  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;


  1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;


  1. Your address, telephone number, and email address;


  1. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;


a statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf;


  1. A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.

 

4.6 Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.


If a counter-notice is received by the Copyright Agent, School of Song will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.


4.7 Repeat Infringer Policy: In accordance with the DMCA and other applicable law, School of Song has adopted a policy of terminating, in appropriate circumstances and at School of Song’s sole discretion, users who are deemed to be repeat infringers. School of Song may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


  1. Third Party Websites


The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. School of Song has no control over such sites and resources and School of Song is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that School of Song will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that School of Song is not liable for any loss or claim that you may have against any such third party.


  1. Respect Intellectual Property and Confidential Information on Social Media.


School of Song restricts use and disclosure of the company's trade secrets, confidential information, and intellectual property in accordance with the Services. Beyond these mandatory restrictions, you should treat the Company's trade secrets, intellectual property, and other proprietary information about School of Song’s materials provided to you in connection with the Services as confidential and not do anything to jeopardize or unwittingly disclose them through your use of social media. 


In addition, you should avoid misappropriating or infringing on the intellectual property of artist-teachers, which can create liability for yourself. If you have any questions about whether a particular post or upload might violate the intellectual property, copyright or trademark rights of any person or entity associated with School of Song, then please contact hi@schoolofsong.com. 

A common example implicating this provision will involve you receiving confidential, unreleased musical compositions and works by artist-teachers for use solely in connection with the Services only.  Unless otherwise authorized in writing, you should not divulge or otherwise disseminate the musical compositions and works owned exclusively by artist-teachers or School of Song which are shared with you in connection with using the Services, including but not limited to, posting those works on any website or social media.


  1. Indemnity and Release


To the fullest extent permitted by law, you agree to release, indemnify and hold School of Song and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.


  1. Disclaimer of Warranties


YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SCHOOL OF SONG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


SCHOOL OF SONG MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.




  1. Limitation of Liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCHOOL OF SONG WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SCHOOL OF SONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SCHOOL OF SONG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SCHOOL OF SONG IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.


  1. Binding Arbitration; Class Action Waiver


You and School of Song agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.


If you have any dispute with us, you agree that before taking any formal action, you will contact us at hi@schoolofsong.org and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.


All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Arbitration may take place in Los Angeles, California, at JAMS offices at 555 W. 5th Street, Suite 3200, Los Angeles, California 90013, unless you and School of Song both agree to another location or telephonic arbitration. For residents outside the United States, arbitration will be held in Los Angeles, California at the above-referenced JAMS’ office, and you and School of Song agree to submit to the personal jurisdiction of any federal or state court anywhere in Los Angeles County, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.


School of Song shall and you shall split the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless School of Song is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.


You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SCHOOL OF SONG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.


Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.


You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to School of Song at the address identified in Section 14 below. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, School of Song also will not be bound by them. If School of Song changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of School of Song’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and School of Song in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).


YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND SCHOOL OF SONG REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.


  1. Termination


You agree that School of Song, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if School of Song believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. School of Song may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that School of Song may immediately deactivate, restrict or delete your account and all related information and files in your account and/or bar any further access to such files or the Service, whether stored on a third-party application or otherwise. Further, you agree that School of Song will not be liable to you or any third party for any termination of your access to the Service.


  1. Disputes Between Users


You agree that you are solely responsible for your interactions with any other user in connection with the Service and School of Song will have no liability or responsibility with respect thereto. School of Song reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.


  1. General


These Terms of Service constitute the entire agreement between you and School of Song and govern your use of the Service, superseding any prior agreements between you and School of Song with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims between the parties to this Terms of Service (and any third-party beneficiaries) which are not subject to arbitration, as set forth in Section 10 above, you and School of Song agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. 


The failure of School of Song to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of School of Song, but School of Song may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall School of Song be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

  1. Questions? Suggestions?

Please contact us at hi@schoolofsong.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.