MusicPath Terms and Conditions

 

Please read this information carefully; I don't think there are going to be any surprises in here, but these are the terms of what you're purchasing as a subscriber to MusicPath.net. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ON YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. CLICKING ON "I Agree" BELOW INDICATES YOUR ACCEPTANCE OF THESE TERMS:

MusicPath.net is a paid subscription service;  ALL MEMBERSHIPS AUTOMATICALLY RENEW at the end of the term to which you've subscribed.  You may cancel at any time from the "My Account" page;  your access will continue until the end of the currently-paid term.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 13 years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 13 years of age.  If you are not, verified consent and permission must be provided in writing by your parent or guardian.  By using the Site you represent and warrant that you are thirteen (13) years of age or older, unless verified consent and permission is provided in writing by the parent or guardian.

This website uses cookies to establish your status as a subscriber or user. By using this website and agreeing to these terms and conditions, you consent to our MusicPath.net's use of cookies in accordance with the terms of MusicPath.net's privacy policy.

License to use website

If you choose to register for an account, you agree to provide accurate, complete information about yourself as requested during the registration process (“Registration Process”). You will provide all content and other materials for posting on the Site in accordance with the Company’s policies in effect from time to time including, without limitation, the manner of transmission to the Company. You will also be fully responsible for all use of your account and for any actions that take place on the Site using your account.

Unless otherwise stated, MusicPath.net and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material, audio or video content from this website (including republication on another website) subject to the following stipulation:  you may publish to a website accessible to the public (YouTube, Vimeo, etc.) video of yourself playing over any of the play-along tracks available to subscribers of MusicPath.net.  You MAY NOT publish the tracks in any form without you playing on them, as such activity constitutes re-publishing of protected material;
sell, rent or sub-license material from the website, INCLUDING ANY AND ALL WRITTEN, AUDIO AND/OR VISUAL MATERIAL.  This means you may not, in any way, use any of the material, INCLUDING THE PLAY-ALONG TRACKS, for any commercial, or money-making, purpose.  USING THE PLAY-ALONG TRACKS FOR ANYTHING OTHER THAN YOUR PERSONAL USE and PUBLICATION WITH THE USER PLAYING AS SPECIFIED ABOVE (for example, copying them to either re-sell or to use as a part of any curriculum other than that provided to each individual subscriber to MusicPath.net, IS EXPRESSLY FORBIDDEN and SUBJECT TO IMMEDIATE LEGAL ACTION;
show any material from the website in public, except as expressly permitted above (Publishing video of you, the subscriber, playing over the tracks);
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
edit or otherwise modify any material on the website; or
redistribute material from this website [except for content specifically and expressly made available for redistribution with its form altered by the user performing over a play-along track.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.  You agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without [NAME'S] express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of G Whitty Music, Inc.

Restricted access

Access to certain areas of this website is restricted.  MusicPath.net reserves the right to restrict access to areas of this website, or indeed this entire website, at MusicPath.net's discretion.

If MusicPath.net provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, YOU MUST ENSURE THAT THE USER ID AND PASSWORD ARE KEPT CONFIDENTIAL.  Publishing, forwarding, or otherwise disseminating this information will result in immediate termination of that user's account.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You are solely responsible for the content, profiles (including your name and image), messages, notes, text, information, music, video, advertisements, listings and any and all other content that you upload, publish or display (hereinafter, “post”), and the consequences of such posting, transmission or sharing, on or through the Service or the Site, or transmit to or share with others users (collectively the “User Content”). You may not post, transmit or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that MusicPath.net may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of MusicPath.net violates this Agreement, applicable law, or which might be offensive, obscene, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. Company will terminate your access to the Site and/or Service if you are determined to be a repeat offender in its sole discretion. You represent and warrant that you have all rights in and to your User Content (whether through ownership or licenses, consents, and permissions from the owner) required for you to lawfully submit your User Content to the Site and grant the rights to your User Content provided in the Agreement. You further represent and warrant that your User Content posted to the Site has all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your User Content in the manner contemplated by the Site and/or Service and this Agreement and the posting and transmission of your User Content does not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contact rights or any other rights of any person or entity.

You grant to MusicPath.net a worldwide, irrevocable, non-exclusive, royalty-free license to use, display, and distribute your user content in any existing or future media for its intended purpose of displaying your musical skills on this website, or its successor ONLY.  You retain ownership of  such of your content as you have personally created, and you are not granting MusicPath.net a right to any commercial use other than its use in the "Member Uploads" section of this website.  You also grant to MusicPath.net the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or MusicPath.net or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

MusicPath.net reserves the right to edit or remove any material submitted to this website, or stored on MusicPath.net's servers, or hosted or published upon this website.

Notwithstanding MusicPath.net's rights under these terms and conditions in relation to user content, MusicPath.net does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. MusicPath.net makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, MusicPath.net does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, legally binding advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

MusicPath does warrant that every best effort shall be made to provide maximum access to the website at all times.

Limitations of liability

MusicPath.net will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

[to the extent that the website is provided free-of-charge, for any direct loss;]
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if MusicPath.net has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit [NAME'S] liability in respect of any:

death or personal injury caused by [NAME'S] negligence;
fraud or fraudulent misrepresentation on the part of MusicPath.net; or
matter which it would be illegal or unlawful for MusicPath.net to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, MusicPath.net has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against [NAME'S] officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect G Whitty Music's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as MusicPath.net.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify MusicPath.net and undertake to keep MusicPath.net indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by MusicPath.net to a third party in settlement of a claim or dispute on the advice of George Whitty's legal advisers) incurred or suffered by MusicPath.net arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to George Whitty's other rights under these terms and conditions, if you breach these terms and conditions in any way, MusicPath.net may take such action as MusicPath.net deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

MusicPath.net may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

MusicPath.net may transfer, sub-contract or otherwise deal with George Whitty's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and MusicPath.net in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with California and United States law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of California.