Terms of Use

Table of Contents

Contents

Table of Contents. 1

Introduction. 2

Privacy Policy. 2

Electronic Communications. 3

Pricing. 3

Account 3

Cancellation/Refund Policy. 4

Links to Third-Party Websites. 4

No Unlawful or Prohibited Use. 5

Discussion space. 6

Materials Provided to or Posted on Our Website. 7

International Users. 7

Indemnification. 8

Limitation on Liability. 8

Term and Termination. 9

Contact Us. 10

 

 

 

 

Introduction

Last Updated (20 August, 2020)

Thank you for visiting Joyner’s School of Music website. The website is designed as an avenue to provide online music lessons by qualified and experienced teachers to children from age 5 and upwards. Joyner’s School of Music offers a wide array of lessons and courses ranging from voice lessons, to instrumental lessons including instruments such as piano, saxophone, flute, and clarinet, music theory, sight-reading lessons, language diction, and aural training. We also provide fun activity classes. We provide our students with the environment to learn music without having to leave the comfort of their home or any place of their choosing that is conducive to learning.

The following terms of use (the "Terms of Use") govern your use of this website (“Website”). The Website is brought to you by Joyner’s School of Music (“we”, “us”, or “our”). You agree that by accessing the Website, you have read, understood, and agree to be bound by all of these Terms of Use. If you are between the ages of five (5) and eighteen (18) years, you may only use the Website with the permission of your parent or guardian, and you warrant and represent to us that your parent or guardian has read through this terms of use and has permitted you to use the Website.

If you do not agree with all of these Terms of Use, you are expressly prohibited from using the Website and you must stop using the Website immediately. We reserve the right, in our sole discretion, to make modifications or changes to these Terms of Use at any time and for no reason. We will notify you of any changes by updating the “Last Updated” date of these Terms of Use at the top of the page, and you waive any right to receive personal notice of such change. You are advised to periodically check our Terms of Use to remain aware of any changes in our policies.

Privacy Policy

We care about your privacy. The Website is subject to the Joyner’s School of Music Privacy Policy which governs the Website and informs Users of our data collection practices. By using this Website, you agree to be bound by its Privacy Policy.

Electronic Communications

We may communicate with you electronically during the period of our interactions. You acknowledge and agree to be contacted by us via telephone calls, emails, live video calls, instant messaging, or SMS text messaging through the contact information you provide to us.  You acknowledge and agree that applicable fees from carriers for any of these forms of electronic communication may apply.

Pricing and Payments

Excluding discounts and promotions, the pricing varies between $20 and up monthly based on the monthly plan.

They are expressed in Dollars all taxes included. The applicable prices are those in play at the time of payment for the Service and the duration of the Service. You acknowledge and agree that prices are based on the plan you choose and payments must be made at the time of every month based on the monthly draft renewal date the payments will be made through our website which uses a third-party processor. You acknowledge and agree that services will automatically be suspended until tuition is paid before the next lesson takes place. You understand that the full amount must be paid upfront before lessons can be given. You also understand that you will receive a student agreement form and a photo/video consent form in your email after you have purchased your plan that must be completed, signed, and returned within 72 hours of booking your plan or service. If agreement forms are not received within 72 hours, the account and any future lessons will be suspended and no further lessons will take place until the completed forms are received back to the school. If forms are not received, a refund will be processed by day 4 and any scheduled lessons will be canceled. By using our Services, you agree to allow us to send you monthly statements and links for payment to your emails provided.

We reserve the right, in our sole discretion, and without formal notice to you, to suspend or terminate your access to our Services if you are defaulting in payment or for any other reason.

Account

To be able to gain access to our Services, you will have to register an Account with us. Your Account gives you access to our Services and functionalities of the Website that we may create and maintain in our sole discretion from time to time. You agree to create only one unique Account and you will be the sole authorized user of that Account. When registering for an Account, you will be required to submit some information including your name, email address, phone number, date of birth, etc. and you will be required to create an Account login password. You are solely responsible for any activity that takes place on your Account and you must keep your password secure at all times. We strongly advise you use a combination of alphanumeric characters and symbols for a secure password. You represent and agree that all information submitted in the registration process is, at all times, true, accurate, current, and complete. Any form of transaction or activity made under your Account will be deemed to have been made by you. You must notify us immediately if you notice any breach of security in your Account or unauthorized use of your Account.

By providing Joyner’s School of Music your email address, you agree to our using the email address to send you service-related notifications.

Cancellation/Refund Policy

We understand that changes in schedules and cancellations are sometimes inevitable. To that extent, we have the following policies to ensure a positive Service experience for our customers. Students may cancel a lesson up to 24 hours in advance of the scheduled time in order to reschedule or request a refund. Cancellations made less than 24 hours prior to the commencement of the lesson do not qualify for a refund or a rescheduling. However, if the cancellation is due to the instructor's unable to make the lesson, the student has the right to a refund, a rescheduling of the lesson, or the choice to work with a substitute instructor for that class if there is an instructor available. All students have a 7-day grace period to cancel a  payment plan after purchase and may receive a refund of any available credit on their account that has not yet been claimed with a lesson and will receive a prorated refund for lessons not given. There will not be a refund given after 7 7-day grace period. Funds will be refunded back to our customer through the source of which the original payment was made or mailed by check only if unable to place funds back to where they originated.  If payment was processed by card, note we do not accept cash, check, or money orders at this time, we are not responsible for the time that it takes for your bank to process the refund. Joyner’s School of Music will process the refund immediately same day as the authorized request. We do ask that you allow 7 to 10 business days for the funds to reflect on your account. If you have any further questions or concerns, please contact your bank to ask when the will release your funds

Links to Third-Party Websites

The Website may contain links to other websites not controlled or operated by us (the "Third-Party Websites"). These third-party websites are not under the control of Joyner’s School of Music and we are not responsible for the contents of any Third-Party Websites, including without limitation, any link contained within the Third-Party Websites or any updates or changes to the Third-Party Websites. We are providing these links to you only as a convenience and it does not signify endorsement or reviews of these Third-Party Websites and we are not responsible for the activities and policies on these websites.

Some services made available by Joyner’s School of Music are delivered by Third-Party Websites. By using any functionality or service on this Website, you acknowledge and agree that Joyner’s School of Music may share required information or any data with any Third-Party Website on which we have a contractual agreement to provide the requested product or service or functionality on us and our customers’ behalf.

No Unlawful or Prohibited Use

Joyner’s School of Music hereby grants you a non-exclusive, limited, revocable, non-transferable, royalty-free, non-commercial right and license to access and make personal use of the features of the Website. We reserve the right to, at any time and without giving prior notice, terminate or suspend this license for any reason that is unlawful or prohibited by these Terms of Use.

As a User of our Website, you agree not to engage in the following prohibited activities:

(i)       copying, distributing, or disclosing any part of the Website in any medium;

(ii)      using “robots,” “spiders,” “offline readers,” etc., to send multiple request messages to the Website server in  a manner that a human cannot reasonably produce in the same period by using a conventional online web browser;

(iii)     sending spam or any unsolicited email;

(iv)     attempting to compromise the system integrity or interfere with the security or decipher any communications to or from the servers running the Website;

(v)       uploading viruses, worms, or other malicious software agents through the App;

(vi)     collecting or harvesting any personal information from the Website;

(vii)    using the Website for any commercial purposes;

(viii)   impersonating another User or conducting fraud, hiding or attempting to hide your identity; or

(ix)     accessing any content on the Website by using malicious technology.

Joyner’s School of Music reserves the right to, at any time and without prior notice terminate or suspend your access to the App for any reason including if in our sole determination, you violate any provision of this Terms of Use, or for no reason.

Your use of the Website does not make you entitled to make any unauthorized use of any protected content on the Website. In particular, you will alter or delete any proprietary rights or attribution notices in any content on the Website. You will only use protected contents for your personal use and you will make no other use of these contents without our express written permission and that of the copyright owner. You acknowledge and agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Joyner’s School of Music except as expressly authorized by these Terms.

 

Discussion space

A space for discussion between registered Users is provided on the Website to allow sharing of information and musical experiences. We request that you respect the rules of use in this matter. Your freedom of expression is limited with respect to the rights of others and the public order which in particular prohibits discriminatory behavior of other offenses like harassment, abuse, defamation of character, threatening the privacy of others, obscene, and all forms of provocation to violence including racist, revolutionist provocations, xenophobic, anti-Semitic, sexual provocations, and particularly, provoking attacks on minors in any way, may be subject to criminal penalties.

We are under no obligation to actively screen the content of Users before they upload. In your interactions with other users, you agree to conduct yourself in a respectful and civil manner. You acknowledge and agree that we will not be responsible for whatever actions of any User of the Website with respect to their interactions with any other User.

You hereby indemnify and hold us harmless from and against any and all liability arising from any User’s interaction with any other User both on the Website and offline.

We also reserve the right to determine, in our sole discretion, what can be counted as unacceptable conduct with or towards other Users.  We may, in our sole discretion, suspend or terminate the Account of the affected User when we determine that it has engaged in any of the unacceptable conducts on the App. Aside from terminating the Account, we also reserve the right to take appropriate legal actions.

Materials Provided to or Posted on Our Website

We do not claim ownership of materials (including feedback, reviews, and suggestions) you provide, post, upload, input, or submit to the Website (collectively called “Submissions”).

However, by uploading your Submission on the Website, you are granting us permission to use your Submissions in relation to our operations including but not limited to the rights to copy, transmit, distribute, publicly display, reproduce, translate, and reformat your Submissions: and to publish your name in connection with your Submissions. You agree that you have no right to demand compensation with respect to the use of your Submissions as provided herein. Joyner’s School of Music is under no obligation to post, distribute, or use any Submission you upload and we reserve the right to remove, at our sole discretion, any Submission at any time.

You warrant and represent that you own or otherwise control all of the rights to the Submissions you post, upload, input, submit or provide to the Website including without limitation, all the rights necessary for you to post, provide, input, or submit the Submissions.

International Users

The Services of the Websites are operated, controlled, and administered by Joyner’s School of Music from our office in the United States. If you are a user of the Website from a location different from the United States, you are responsible for compliance with the applicable local laws in your jurisdiction.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our tutors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses due to or arising out of your use of or inability to use the Website or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Limitation on Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE TYPOGRAPHICAL ERRORS OR INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JOYNER’SSCHOOL OF MUSIC MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME.

JOYNER’S SCHOOL OF MUSIC MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY, SUITABILITY, TIMELINESS, AVAILABILITY, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. JOYNER’S SCHOOL OF MUSIC HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOYNER’S SCHOOL OF MUSIC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES  ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOYNER’S SCHOOL OF MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE SOLUTION IS TO DISCONTINUE USING THE WEBSITE.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT GIVING PRIOR NOTICE, TERMINATE YOUR ACCESS TO THE WEBSITE AND ITS RELATED SERVICES OR ANY PORTION THEREOF, TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

IN THE EVENT THAT WE TERMINATE OR SUSPEND YOUR ACCOUNT FOR ANY REASON, YOU ARE PROHIBITED FROM CREATING A NEW ACCOUNT UNDER ANY NAME, INCLUDING BUT NOT LIMITED TO, YOUR NAME, A FALSE NAME, OR THE NAME OF A THIRD PARTY EVEN IF YOU ARE ACTING ON BEHALF OF THE PARTY. WE ALSO RESERVE THE RIGHT TO TAKE APPROPRIATE LEGAL ACTIONS IN ADDITION TO TERMINATING OR SUSPENDING AN ACCOUNT.

Contact Us

For further questions and inquiries, kindly contact us at (904-364-1171), or (adminsupport@joynersschoolofmusic.com).