Frequently Asked Questions
(Effective date: March 1st, 2019)
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.
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:
- 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.
- 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.
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.
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.
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
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.
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.
(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.
Any communications and violations should be reported to
Teacher Rights and Responsibilities
- Teachers have the right to refrain from sharing his/her personal information with the student.
- Teachers have the right to refuse to meet with students who make them feel uncomfortable or are disrespectful or rude.
- Teachers have the right to request that tutoring sessions occur in a safe and public environment.
Students Receiving Teaching (student) Rights:
- Students have the right to confidentiality. Teachers should not speak with outside parties about students’ performance.
- The responsibility for academic/musical success rests with the student.
- Students have the right to request teaching occur in a safe and public environment.
- Students have the right to know the learning strategies of a teacher’s service provider and the intended result from a teaching session.
By submitting your information as a Teacher you understand and agree that anyone with access to this program may view your information and your profile. The MusicianShip does not guarantee that a certain number of users will view your information, nor does The MusicianShip guarantee that you will be contacted for Teaching.
When you register as a teacher through The MusicianShip, you understand and agree that the information you provide is true and accurate and that you have the proper qualifications and expertise in the subjects you have selected at the time of registration. You are solely responsible for the form and content of all information provided and all information included in your profile.
Teachers shall use all reasonable efforts to protect students’ interest in the information and keep it confidential, using a standard of care no less than the degree of care that teachers would be reasonably expected to employ for his/her own similar confidential information. In particular, teachers shall not directly or indirectly disclose, allow access to, transmit or transfer the information to a third party without the student’s prior written consent. Teacher shall disclose the information only to those persons who have a need to know the information for the purpose and who have been approved by the student and/or parent to receive the information. Teacher shall, prior to disclosing the information, issue appropriate instructions to them to satisfy its obligations herein and obtain their written agreement to receive and use the information on a confidential basis on the same conditions as contained in the agreement.
Teacher understands and agrees that he/she is subject to all federal and state laws relating to the confidentiality of student information. Teacher further agrees to comply with the Family Educational Rights and Privacy Act (“FERPA”), 34 C.F.R. §99 et. seq. Teacher shall regard all student information as confidential and will not disclose the student information to any third party without legal documentation requesting such information.
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.
You can browse or search for teachers near you by instrument, zip code, time of day, or price. Some teachers have experience with online teaching and can help you no matter where they are located.
Yes. Stripe processes all payments and encrypts all card information. The MusicianShip does not keep any credit card information on our servers.
To cancel or reschedule your lesson, login to your account and select “Lessons” from the menu on the left side. Choose the scheduled session you wish to cancel by clicking/selecting the “Cancel” or “Reschedule” button. You may cancel up to 24 hours before the lesson without being charged.
After finding the right teacher, students select an available time slot on a teacher’s calendar and enter their credit card information into The MusicianShip’s secure payment system powered by Stripe. The MusicianShip puts a hold on the credit card and the lesson is booked. 24 hours before the session occurs, students are charged for the lesson.
You can register and browse for free here
You can search by zip code, instrument, and price.
Much like on Yelp or Amazon, ratings are very important. Every student is required to rate their teacher after their session and you can view all of a teacher’s ratings by clicking on their profile. Teachers are rated on both knowledge of material and presentation of material.
We issue digital badges that verify background checks and the amount of lessons taught through The MusicianShip’s online marketplace.
Yes. We are committed to safety. The MusicianShip is partnered with Checkr™ – trusted by over 3,000 organizations worldwide. Checkr™ accesses multiple data sources, including national criminal databases with millions of records, courthouses across all 3,200 counties in the United States, state sex offender registries and the Federal Court PACER system, and state Department of Motor Vehicles.
Yes. The MusicianShip uses Checkr ™ – trusted by over 3,000 organizations worldwide. Checkr™ accesses multiple data sources, including national criminal databases with millions of records, courthouses across all 3,200 counties in the United States, state sex offender registries and the Federal Court PACER system, and state Department of Motor Vehicles.
When you sign up, you will be given the option of having a background check through Checkr or if you already have a current background check (within 2 years), then you can upload the PDF. You also have the option to opt out of having a background check, but that may affect your status of being an approved instructor.
Checkr will send you a link directly where you will sign up through their site. We will never directly collect sensitive data from you, nor keep any sensitive data on our servers. Once you pass the background check, Checkr will send us the report and we will then either approve or not approve your application. More specific questions and answers can be found on the Checkr site, and will be provided to you when you sign up for a background check.
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.
The Tutor Matching Service ™website is owned and operated by Tutor Matching Service™. The contents of The MusicianShip’s 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.
Colleges and Universities (as well as other non-profit, for-profit, and government institutions) in more than 20 states (as well as several other countries) have approved Tutor Matching Service™, seeing no legal liability for the institution/organization whatsoever. The institutions, including The MusicianShip, are protected with “absolute immunity” by congressional legislation from 1996 that has been upheld repeatedly in the courts. The courts have found that internet users cannot “sue the messenger” because “intermediaries are not culpable for ‘aiding and abetting’ [users] who misuse their services to commit unlawful acts.”
The MusicianShip’s Lessons Application was created to increase access to one-on-one music education. In an effort to connect music teachers and aspiring music students around the world, we developed an application to do just that. We are helping to solve a global problem locally, by providing a safe, simple environment for connecting students and parents through in-person and online private music instruction.
Much like on any web site such as Yelp or Uber, ratings are very important. Every student is required to rate their teacher after their session and you can view all of a teacher’s ratings by clicking on their profile. Teachers are rated on both knowledge of material and presentation of material.
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