FAQs

Privacy Policy

(Effective date: March 1st, 2019)

This Privacy Policy (“Policy”), describes the information we collect, use, and how it is shared. This Policy applies to all sites, mobile applications, and other online services (collectively, “Application”) made available by The MusicianShip Inc. This Policy applies only to data collected using the Application, not including information collected by third parties outside the Application. Undefined capitalized terms used herein shall have the definitions as set forth in or Terms of Use. By accessing or using the Application, you agree to this Privacy Policy. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE OR BROWSE THE APPLICATION.

INFORMATION WE COLLECT

We collect information in multiple ways including when you provide information directly to us, when you permit third parties to provide information to us (such as Facebook logins), and when we collect statistics such as SEO (Search Engine Optimization) from your browser or device’s IP address.

We may collect information from you such as:

• When you register for an Account;
• When you enroll for e-newsletters;
• When you book a lesson with a Provider
• When you accept a lesson booking from a Student/Parent
• When you communicate with a provider or student;
• When you make a purchase;
• When you fill out any forms;
• When you otherwise communicate with us either through the Application or email/phone.

The information you provide may concern you or others and may include, but is not limited to: (a) name; (b) zip code; (c) email address; (d) home or business telephone number; (e) home, business or mailing address; (f) demographic information (e.g., gender, age); (g) date of birth; (h) photographs; (i) data about your communications with others using the Application; and in some instances, identity verification information. You are not required to provide us with the above information, such information, but this may limit certain features of the TMS Mobile Application that possibly may not be accessible or available.

We may collect information about you or others through affiliates or through non-affiliated third parties. For example, you may be able to access the Application through a social networking application, like Facebook. If you do access the Application through Facebook, you grant us limited access to certain information in your Facebook profile. This may include your name, profile picture, email address, and/or your posts or “likes.” We have no jurisdiction on how third-party sites uses the information they collect from you. At our discretion, we may collect supplemental information from third parties, for fraud or safety protection purposes. We may combine information that we collect from you through the Application with information that we obtain from such third parties and information extrapolated from any other services we provide. Information possibly collected. We and our third-party service providers, which include Google Analytics, may use cookies, and other tracking technologies to collect information about the computers or devices (including mobile devices) you use to access the Application.

We may collect and analyze information including (but not limited to): browser type, ISP or operating system, domain name, access time, page views, IP address; unique device identifiers (IDFA or Android ID), and device type being used. We may use this information (third-party service providers info) for Application analytics and to evaluate our ad campaigns. If you access our site through your mobile device, we may ask permission to your device’s geolocation data and use that information to improve our Application. If you do not want to provide us with location-tracking information, you can disable the GPS or other location tracking functions, provided your device allows you to do this. Cookies: We may use cookies and other technologies for research and analytics, and improve the Application.

HOW THE MUSICIANSHIP APPLICATION USES INFORMATION WE COLLECT

We may use your information for any or all of the following explanations:

• For the purposes for which you gave it to us;
• To allow you to register for our services and verify your identity
• To address fraud or safety concerns, or to investigate complaints or suspected fraud or wrongdoing;
• For our internal records;
• To occasionally send emails regarding your account, other The MusicianShip programs, events or services we offer.
• You agree we may contact you by text messaging, telephone or email regarding information you have requested;
• For third-party payment gateways and payment service providers who we use with our Application (Stripe).
• Maintain and improve our Application for present and future uses;
• To respond to any questions or customer support;
• For research and analytics.
• To enforce any legalities concerning your use of the Application, disputes and to protect ourselves and other users of the Application.

WHEN THE MUSICIANSHIP’S LESSONS APPLICATION DISCLOSES YOUR INFORMATION

Unless otherwise described in this Policy, we may also share the information that we collect from you through the Application as follows:

• Consent. We may disclose your information to nonaffiliated third parties based on your consent to do so. Such consent includes the disclosure of your information in order to provide services or products that you have requested, when we have your permission or as described in this Policy and the Terms of Use.
• Service Providers. We may third parties access to your information who implement services on our behalf. These include; identity verification, fraud and safety protection , billing, sales, fulfillment, data storage, processing and analysis.  As we work with new service providers, we seek contractual guarantees that they will only use the information to help us provide you with the Application services.
• Legal Requirements. When required by law, we may disclose your information when necessary to: (a) enforcing and administering agreements with users (b) comply with court orders, subpoenas or other legal requests we receive; (c) exercise our legal rights to  (c) defend The MusicianShip against legal claims. If we are required by law to disclose your information, we will use reasonable efforts to notify you with our sole discretion unless (a) providing notice is prohibited by the legal process itself, court order or applicable law; or (b) providing notice could create harm or fraud directed to The MusicianShip or users, risk of death or injury. We will attempt our best to notify you by the email and/or address you supplied.
• Protection of The MusicianShip and Others. We may disclose your information when we believe it appropriate to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Use or any other legal terms governing use of the Application, and/or to protect our rights and property and the rights and property of other users.
• Business Transfers. If there is any change of control of the Application, user information may be among the transferred assets.

Registering for an Account requires providing us with your name. If you register through Facebook, the Application will use the name associated with your Facebook account. Your full name may be visible to other users.

ANALYTICS

We may use third-party web analytics services on the Application, such as Google Analytics. To prevent Google Analytics from using your information, please install the Google Analytics Opt-Out Browser Add-on. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page.

MINORS

Only persons 18 years of age or older may use the Application to book a lesson or sign up to be a Provider. If an individual under 18 has provided us with personal information, we will close and delete the account.

SECURITY

The MusicianShip’s Application may use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. No security measures are 100% foolproof. Therefore, we cannot guarantee your personal information or private communications will not be collected, disclosed and/or used by others. The MusicianShip Inc is not responsible for the unauthorized use of your account or lost, stolen, or compromised passwords.

UPDATING, CORRECTING AND DELETING YOUR INFORMATION

The MusicianShip may review, correct and delete certain information about you by logging into the Application and navigating to your preferences page in the “Account” section. You must promptly update your Account information if it changes or is inaccurate. Upon your request, we will close your Account and remove your profile information from view as soon as reasonably possible. We may retain information from closed Accounts in order to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations of any user, enforce our Terms of Use, and/or for any other purposes otherwise permitted by law that we deem necessary in our sole discretion. You should understand, however, that once you transmit User Content through the Application, you may not be able to change or remove it. Once we have deleted or removed your Account, you agree that The MusicianShip will not be responsible to you for retaining information related to your Account.

EMAIL COMMUNICATIONS

You may opt out of email communications by following the opt-out instructions located in emails sent to you. This may take up to 10-15 business days to process opt-out requests.

POLICY CHANGES

THIS POLICY IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE. THE MUSICIANSHIP MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS POLICY AT ANY TIME. THE MUSICIANSHIP POST ITS UPDATED POLICY ON THE APPLICATION SITE OR EMAIL YOU IN ADVANCE OF THE NEW POLICY CHANGES. THE MUSICIANSHIP ENCOURAGES YOU TO REVIEW THIS POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED ACCESS TO OR USE OF THE APPLICATION WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT POLICY.

CONSENT TO TRANSFER

Our computer systems are currently based in the United States, so your personal data will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create an Account with the Application as a visitor from outside the United States, by using the Application, you agree to this Policy and you consent to the transfer of all such information to the United States, which may not offer an equivalent level of protection of that required in the European Union or certain other countries, and to the processing of that information as described in this Policy.

CONTACT US

If you have any questions about the Privacy Policy or the The MusicianShip Application, please contact us at lessons@themusicianship.org or by writing to: The MusicianShip Inc. 1704 Gainsville Street, SE, Washington, D.C. 20020

Terms of Use 

(Effective date: March 1st, 2019) 

The MusicianShip Lessons Application is designed to automate the method of searching and booking music teachers for lessons. The MusicianShip Lessons Application and website (collectively, “Application”) is owned and operated by The MusicianShip Inc, a Washington, DC 501(c)(3) organization (collectively, “us”, “we” or “the Organization”). This Terms of Use Agreement (“Terms of Use” or this “Agreement”) sets forth the legally binding terms for your use of the application. By using the Application, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you browse the Application or site) or you are a “Student” or “Provider” (which means that you have added the Application or are a teacher or student using the app). The term “User” refers to a Visitor, Student or Provider.

Eligibility

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).

Agreement

By adding the Application, you consent to our Terms of Use. We reserve the right, at our sole discretion, to change, add, modify, or delete sections of these Terms of Use any time without notice. If we make modifications, we will post the changes to these Terms of Use on this page. We will indicate at the top of this page the Terms of Use’s effective date. By using Application after changes are made, this automatically confirms your acceptance of the updated Terms of Use. If you disagree by the changes or any future Terms of Use, do not use Application. You are responsible to review these Terms of Use on a regular basis.

Conduct

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 websites or other means for unsolicited or unauthorized advertising, “junk mail,” “phishing”, “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or posting to profiles of personal web addresses such as Facebook or Instagram profiles.
• 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.

License

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.

Providers

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, which is incorporated into this Agreement by this reference.

Account Termination

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.

Indemnity

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.

Disclaimer

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.

Governing Law

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.

Contact Us

If you have questions about our Privacy Policy, Terms of Use, or the practices of the Application, please contact us at help@TheMusicianShip.com

Any communications and violations should be reported to

Teacher Rights and Responsibilities

You agree to indemnify and hold The MusicianShip and its subsidiaries, affiliates, 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 MusicianShip Application (including any use by you on behalf of another party), your violation of the Terms, or your violation of any rights of another.

To the full extent permitted by law, The MusicianShip 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 Tutor Matching Service™, 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 their website; 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 their website; statements or conduct of any third party on the website, 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.