(Effective date: March 1st, 2019)
Access and use of the Applications is for individuals who are 18 years or older. By using the platform, you represent that you are eligible. As a Provider, you warrant that you are properly and fully qualified and experienced as a music instructor (or in relation to the specific job you are performing).
As a user of the Application platform, you may not:
- Transmit or otherwise make available any content that we deem to be harassing, hateful, illegal, harmful, threatening, abusive, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, or racially, ethnically or anything that would be considered a criminal offense;
- Use another person’s account, misrepresent your identity or qualifications, or falsely state yourself of your affiliation with any person or entity without authorization from The MusicianShip;
- Transmit in any way to unsolicited or unauthorized advertising, “junk mail,” “phishing”, “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Transmit in any way, any material that contains software viruses, malware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or communications device;
- Harm minors in any way;
- Commit forgery or manipulate The MusicianShip’s branding in order to disguise the origin of any information transmitted through the Application;
- Recruit, solicit, or contact in any form Providers or Students for employment or any other use not specifically intended by and for the platform.
- Transmit and make available any content that you do not have a right to make available under any law or under any other contractual or propriety relationships.
- Fraudulent behavior including (but not limited to) financial transfers using other payment methods not approved by Application;
- Use Application as a marketplace for services other than music or relevant lessons.
Your use of the Application is at your sole risk unless otherwise explicitly stated. The Application and website http://app.lessons.themusicianship.org, including the information, services, and content, is provided on an “as is”, “as available”, and “with all faults” basis. The MusicianShip disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. The MusicianShip makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Application or the Services of a provider scheduled through the application.
By adding the Application you acknowledge and agree that listed providers are not employed by The MusicianShip, or other educational institution.
The MusicianShip does not endorse any Member, user or any Provider services, and not a party to any agreements between or among users. The MusicianShip may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users. We do not confirm or endorse any user or their purported identity/background, no matter what specific services they are using/supplying. If a user has some credentials such as badges or background checks, indicates that the user has completed an account process or met user standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by The MusicianShip, and does not verify their identity or if their services are licensed insured, safe, or trustworthy. These descriptions are intended to be useful information to evaluate to make your own decisions of whom to contact, interact or hire.
We may contain links to third-party websites not controlled by The MusicianShip. We do not endorse or take any responsibility for any links and if you access them, it is at your own risk. By accessing them, you agree not to attempt to hold The MusicianShip libel for or seek any legal recourse with such actions or omissions.
By submitting your information as a Provider, you agree that anyone with access to the Application may view your information and your profile. The MusicianShip does not guarantee that a specific number of users or a certain user will view your profile, nor does The MusicianShip guarantee that you will be contacted and booked for paid lessons.
As a registered provider, you acknowledge that the information you provide is accurate and truthful and that you are qualified to teach in the subjects you choose when you registered. You are solely responsible for all the informative content included in your profile.
Provider shall use all reasonable efforts to protect students interest in the information and keep it confidential. Provider shall not directly or indirectly disclose, allow access to, transmit or transfer the information to a third party without the student or legal guardian’s prior written consent. Provider shall disclose information only to those persons who have been approved by the student or legal guardian. Provider understands and agrees that he/she is subject to all federal and state laws relating to the confidentiality of student information. Provider will regard student information as confidential and not disclose student information to any third party without legal documentation requesting an inquiry.
Use of the Application is also governed by our Tutor Rights and Responsibilities (NEED TO ADD LINK), which is incorporated into this Agreement by this reference.
Using our discretion, or at any time, we have the right to decide to block, suspend, deactivate or cancel your Application Account. If we decide to do so, the following can occur with or without explanation or prior notice: (a) your Account will be suspended, deactivated or your password will be disabled; (b) Using our discretion, we disclose to other users that your Account is terminated, and reason why; and (c) you will not be entitled to any monetary compensation for services that are cancelled or delayed or due to your account being terminated.
The MusicianShip makes no warranty or representations that the Application will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the Application will be accurate or reliable; the quality of any services, content, information obtained through the Application will meet your expectations or requirements; or any errors in the Application will be corrected.
You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the Application, including any damages resulting from computer viruses.
Tutors listed in the Application database shall be contacted only for tutoring purposes for The MusicianShip only. Soliciting or contacting tutors for other purposes is strictly prohibited.
Fees and Taxes
Application charges certain Fees (“Application Fees” or “Fees”). Fees relevant to the booking process will be shown when purchasing lessons. Application may also charge penalty Fees for fraud, misconduct or other violations of these Terms, using our discretion. Charges shall be made to your credit card, utilizing Stripe. If you do not pay on time or if Application cannot complete the Stripe charge for any reason, Application reserves all rights under law to recover payment and all costs and expenses incurred, including attorneys’ fees, in pursuit of payment. You agree that you are solely responsible for determining your own tax reporting requirements, and that the Application does not offer tax advice. All sales on the Application are final and non-refundable.
Terms of Lessons Transactions
Installing the Application and booking a music lesson, you agree to pay all costs associated with lesson scheduled through the Application. These costs include but are not limited to: the hourly rate as listed; and/or if specified; and any cancellation fees noted in the cancellation policy.
By submitting your transaction data in the Application, you agree that you are solely responsible for its content and the data included in your profile.
You agree to indemnify and hold The MusicianShip and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of or connection to the Application or the The MusicianShip website (including any use by you on behalf of another party), your violation of the Terms, or your violation of any rights of another person or entity.
We understand that there may be occasional disputes among users. If a dispute by either a Provider or a Customer cannot be resolved independently, you agree, at The MusicianShip’s request (and in good faith) you will agree to an arbitration process conducted by The MusicianShip Inc or a third party mediator selected by The MusicianShip Inc. You acknowledge and agree that The MusicianShip Inc is under no obligation to become involved in or impose resolution in any dispute between users or third parties. We reserve the right, but have no obligation, to monitor interactions and/or disputes between tutor and tutees.
The Application is provided on an “AS IS” basis and The MusicianShip Inc disclaims all responsibility for any loss, liability, injury, claim, or damage of any kind resulting from any errors or inaccuracies in the Application; such as, but not limited to, typographical and technical errors.
Limitation of Liability
To the fullest extent permitted by law, The MusicianShip Inc is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Application, even if The MusicianShip has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: the use of or the inability to use the The MusicianShip website or Application; the cost or 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 Application; statements or conduct of any third party on the Application, including ,without limitation, unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or content or information you may download, use, modify, or distribute.
This website and the Application are owned and operated by The MusicianShip Inc. The contents of this website including, but not limited to, the database information are protected by copyright laws and regulations. No material in any shape or form may be copied, reproduced, transmitted, or distributed.
The Terms between you and The MusicianShip shall be governed in all respects by the laws of the District of Columbia (Washington, D.C.), without regard to its conflict of law provisions. You agree that any claim or dispute you may have against The MusicianShip is not subject to arbitration and must be resolved by a court located in the District of Columbia, except as otherwise agreed by the parties. You hereby waive any and all jurisdictional and venue defenses otherwise available.