Effective Date: February 1, 2014
Last Updated Date: February 1, 2014
I. Introduction and Eligibility
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Site means you accept any changes.
Binding Agreement. These Terms constitute a binding agreement between you and Community School of Music and Arts and its affiliates and subsidiaries (“CSMA,” “we,” “us”). “You” and “users” shall mean all visitors to the Site. You accept these Terms each time you access the Site. If you do not accept these Terms, you must not use the Site. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Site.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Site after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Site.
II. The Site
The “Site” means any website, including http://www.arts4all.org/ and CSMA’s registration services hosted at http://register.asapconnected.com/, and Internet service under the control of Community School of Music and Arts, whether partial or otherwise, in connection with providing information about CSMA’s activities, faculty, and classes and an online platform for registering for classes, workshops, lessons, and camps at CSMA.
You Agree To Pay For Your Selected Classes, Workshops, or Camps. You agree to pay for the classes, workshops, or camps to which you register through the Site. You agree that CSMA may charge your selected payment method, such as a credit card, either directly or through the services of a third-party payment processor.
Credit Card Pre-Authorization. When you provide a credit card number to pay for a class, workshop, or camp, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase. This preauthorization will verify the credit card is valid and/or has the necessary funds or credit available to cover your required payment. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Third-Party Payment Processors. CSMA currently uses third-party payment processors for electronic commerce. Our third-party e-commerce payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards.
Availability of Certain Forms of Payment. CSMA makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Site.
Fees Charged by Third-Party Payment Processors. The Site uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge you fees to process payments. CSMA disclaims all liability with regards to any fees or problems you have with third-party payment processors.
Timing of Payment. Payment occurs within a reasonable time of the transaction or shortly thereafter.
Class, Workshop, Lesson, and Camp Cancellations. Please see our cancellation policy here.
Refund Policy. You may access CSMA’s class, workshop, and camp refund policy here. You may access CSMA’s private music lesson refund policy here. Please contact email@example.com to dispute a charge or discuss a refund.
Wait List Policy. Please see our wait list policy here.
Student Photographs. You give permission for CSMA to: (1) take photographs of your children as they participate in CSMA activities; and (2) use, reuse, modify, publish, and republish those photographs and any derivative works (“Photos”) in any format or media, including the Internet, for purposes related to CSMA’s mission, including marketing. CSMA may use Photos without compensation to you or your children. You waive any moral rights and rights to prior inspection and approval of the Photos and its use. CSMA may not sell such Photos to anyone without your permission. You waive any claims, demands, and liabilities against CSMA for taking and using these Photos. You understand that this release is binding upon you, your children, and any legal representatives, heirs, and assigns.
III. Eligibility to Use the Site
Children. No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The SITE AT ANY TIME OR IN ANY MANNER.
IV. Your Account
You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the Site.
You represent and warrant that the information you provide to CSMA upon the licensing of the Site and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To use the Site, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify CSMA by e-mail to firstname.lastname@example.org. You will be solely responsible for the losses incurred by the CSMA and others due to any unauthorized use of your account.
CSMA may communicate with you by email, telephone, or posting notice on the Site. You may request that we provide notice of security breaches in writing.
You agree to receive email or a telephone call from us for customer service-related purposes.
Electronic Notices. By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at email@example.com.
VI. CSMA’s Content Ownership and Use
CSMA owns or has rights to all of the content we make available through the Site, but you may use it as you use the Site. You may not use our logo without our written permission.
The contents of the Site include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other CSMA content (collectively, “CSMA Content”). All CSMA Content and the compilation (meaning the collection, arrangement, and assembly) of all CSMA Content are the property of CSMA or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Site and the CSMA Content solely for the personal use of the Site, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the CSMA Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original CSMA Content on any copy you make of the CSMA Content.
CSMA Marks. “CSMA,” the CSMA logo, and other CSMA logos and product and service names are or may be trademarks of CSMA (the “CSMA Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use the CSMA Marks in any manner.
VIII. Suggestions and Submissions
We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VIII. Prohibitions, Disclaimers, and Limitations
Do not do bad things with the Site, try to break it, or steal our hard work.
You agree to use the Site only for its intended purpose and in an authorized manner. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- frame or link to the Site without permission;
- use data mining, robots, or other data gathering devices on or through the Site, unless specifically allowed by these Terms;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person in an unauthorized manner or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to CSMA or others; or
- access the Site from a jurisdiction where it is illegal or unauthorized.
IX. Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the Site.
We reserve the right to suspend or terminate your account and prevent access to the Site for any reason, at our discretion. We reserve the right to refuse to provide the Site to you in the future.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Site.
X. CSMA’s Liability
We are not liable for the actions of users when they use the Site. We may also change the Site at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Site or other websites.
Changes to the Site. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release CSMA of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Site. Use the Site at your own risk.
Third-Party Websites. The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Third-Party Functionality. The Site may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions.
We make no promises and disclaim all liability of specific results from the use of the Site.
Released Parties Defined. “Released Parties” include CSMA and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Site at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you involving the Site. If you use the Site in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CSMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF CSMA CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any CSMA Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XI. General Terms
These Terms constitute the entire agreement between you and CSMA concerning your use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
XII. Arbitration, Class Waiver, and Waiver of Jury Trial
These Terms and the relationship between you and CSMA shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and CSMA agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Santa Clara county in the state of California. You covenant not to sue CSMA in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Community School of Music and Arts
230 San Antonio Circle
Mountain View, CA 94040