MuscianShip App Terms of Service

1. General

Welcome to MusicianShip.app (the "Site") and the MusicianShip software application ( the “App”), a digital platform for learning music. The Site and Services are owned and operated by Peter Oliver of 1540 Market St #100, San Francisco, CA 94102 ("MusicianShip").

In the event there is a discrepancy between this English language version and any translated copies of the Terms of Service, the English version shall prevail.

We appreciate you taking your time to review our Terms of Service. For us at MusicianShip, transparency is very important, so our full Terms of Service are set out below. But to make it easier for you here is a short overview of the most important points:

• The basic version of MusicianShip can be accessed free of charge.
• You may use the basic services offered within the MusicianShip app without registering for a free account.
• You have the option to register your account to save your progress and access additional features. Children under 16 years old must seek parental consent in order to register for an account and use our services.
• We hate spam as much as you do. You can exercise your rights to delete data or stop any notifications and non-essential communications from MusicianShip at any time.

We hope you enjoy our services and that you improve your musical skills with MusicianShip!

2. Acceptance of Terms

2.1. MusicianShip provides its service (the "Service") to you, subject to the following Terms of Service. The Service comprises the Site and the App.

2.2. By accessing or using the Service, you (“you”) confirm that you agree to be bound by these Terms of Service. You also confirm that you are either at least 16 years old or, if you are younger than 16, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms of Service.

2.3. These Terms of Service may be updated from time to time by MusicianShip. You can review the most current version of the Terms of Service at any time here: Terms. Your continued use of the Service after any such changes have been made constitutes your acceptance of the new Terms of Service.

2.4. If you do not agree to comply with these or any future Terms of Service, do not use or access (or continue to use or access) the Service.

3. Description of Service

3.1. The Service allows users that install the App (each a "User") to receive education and complete exercises to improve their musical skills. Users may create an account or online profile associated with the Service (“Profile”). Each User that has registered with the Service receives his or her own Profile.

3.2. Unless explicitly stated otherwise, any new feature that is added to the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.

4. Fees

4.1 The basic version of the Service can be used completely free of charge.

4.2 The prices and the related terms for all Paid Services, including the Premium membership, are governed by the Paid Services terms set out in clause 5 below.

5. Paid Services

5.1. Where you have purchased a Paid Service (including a Premium membership), the following terms set out in this clause 5 shall also apply to your use and access of the Paid Service. Where there is any conflict between this clause 5 and the other terms set out in these Terms of Service, the terms in this clause 5 will prevail. The following terms shall apply to you whether or not you are the individual using the Paid Service or if you are a third party facilitating and/or paying on behalf of an individual (such as a student, employee, agent, contractor or other representative) to use the Paid Service. Notwithstanding the foregoing if you are using the Paid Service pursuant to an agreement entered into by MusicianShip and a third party paying for and/or facilitating your use of the Paid Service then where the terms below are in conflict with the terms of the agreement entered into by MusicianShip and the third party the terms of such agreement shall prevail.

6. Registration

6.1. In order to use some features of the Service, you may need to have a valid MusicianShip account. In order to obtain a MusicianShip account, you must register with MusicianShip by providing some personal information ("Registration Data") as required by the registration process on the Site. As part of that registration process, you will either register using a Third-Party Identity Provider or choose a password and a username for your Profile.

6.2. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Each account must be used individually and is not transferable. You agree to:
6.2.1. use your account individually and not share it with others; and
6.2.2. immediately notify MusicianShip in writing of any unauthorized use of your password or account or any other breach of security.

6.3. You agree to:
6.3.1. provide true, accurate, up-to-date and complete information about yourself as prompted by the Service's registration form; and
6.3.2. maintain and update the Registration Data to ensure that it remains true, accurate, up to date and complete.

6.4. You can modify data that you have entered into the Service at any time by emailing us at musicianshipapp@gmail.com.

6.5. If any Paid Service is suspended or canceled, we may delete or stop your access to any of the information contained in the Service relating to your use of such Paid Service (including, where relevant, any information in your Premium Services account). MusicianShip declines any responsibility for the loss of information as a consequence of the cancellation of Paid Services.

6.6. You must protect your account and the Paid Services you purchase from unauthorized and fraudulent use. Please notify MusicianShip immediately at musicianshipapp@gmail.com of any unauthorized or fraudulent use of your Paid Services or when you suspect that your account may be at risk.

6.7. Amounts paid to MusicianShip before you report an unauthorized or fraudulent use of your account will not be refunded. MusicianShip has the right to close or cancel the account of any User in the event of any unauthorized or fraudulent use of their account or any Paid Service.

6.8. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Paid Service, use of any Paid Service, or access to any Paid Service without the express prior written consent of MusicianShip.

6.9. MusicianShip cannot and will not be liable for any loss or damage arising from your failure to comply with this clause 6.

7. Privacy Policy

7.1. Registration Data and certain other information about you are subject to our Privacy Policy, the terms of which are incorporated into these Terms of Service by reference. Determining which personal data may be shared on your Profile is at your discretion (subject to clause 7.2 below) and is your responsibility. By signing up to the Service or using the App you accept the terms of these Terms of Service, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy. Our Privacy Policy includes an addendum specifically addressed to children and their legal guardians.

7.2. By purchasing and/or using any Paid Service, you also indicate that you understand and consent to the practices used to collect, use and disclose information relating to such use and/or purchase as described in our Privacy Policy.

7.3. Where you are an individual using a Paid Service (including a Premium membership) in your capacity as a student, an employee or other third party using the Paid Service, you acknowledge and agree that your Registration Data including details relating to your use of the Paid Service can be made available to either your educational institution, your employer or any third party paying for the Service on your behalf, as the case may be.

7.4. Where you are accessing the Paid Service as an administrator on behalf of an educational institution or an employer or any other entity, you acknowledge that you may have access to User’s Registration Data and details relating to their use of the Paid Service (together “User Data”). You hereby agree that you shall treat such User Data in the strictest confidence and in accordance with our Privacy Policy and in-particular you shall keep secure and not share any User Data with other users or third parties and shall limit your use of the User Data solely for the purpose of administering and monitoring the User’s use of the Paid Service.

7.5. MusicianShip uses Firebase Authentication and Data Storage services and is subject to the Firebase Privacy Policy and Terms of Service.

8. Behavior on The Service

8.1. You agree to not use the Service if you are a) organized under the laws of, operating from, or resident in, a territory or country embargoed by the United States; b) identified on a list of prohibited or restricted parties; or c) in any other way blocked or denied by the United States government or subject to sanctions.

8.2. You acknowledge and agree that MusicianShip may preserve data about you and disclose it if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service or the Paid Services Terms; (c) respond to claims of actions that violate the rights of third parties; or (d) protect the rights, property, or personal safety of MusicianShip, its Users and the public.

9. Third-Party Content and Links to Third-Party Websites

9.1. The Site may contain third-party owned content and links to other websites ("Linked Sites"). MusicianShip does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of MusicianShip, and MusicianShip is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. MusicianShip may provide third party content and Linked Sites to you only as a convenience, and the inclusion of such third party content and Linked Sites is not an endorsement by MusicianShip in favor of any third party. You further acknowledge and agree that MusicianShip shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such user content, goods or services available on or through any such site or resource.

9.2. MusicianShip respects the Intellectual Property Rights of others, and we ask our Users to do the same. MusicianShip has no responsibility for content on other websites that you may find or access when using the Service. Material available on or through other websites may be protected by copyright and the intellectual property laws of any country. The terms of use of those websites, and not the Terms of Service of MusicianShip, govern your use of that material.

10. Termination

10.1. You can delete your account and your use of the Service at any time using the Delete Account function within the “Settings” section of your Profile. After deletion, you will no longer have access to your Profile and all information contained therein may be deleted by MusicianShip.

10.2. You agree that MusicianShip may terminate your account if MusicianShip has reason to believe that you have breached or acted inconsistently with the Terms of Service. Following such a termination, MusicianShip may remove and discard any of your user content within the Service (including, but not limited to your Profile), and may also terminate any contracts, verbal or written or assumed, in conjunction with your deleted Profile.

10.3. MusicianShip reserves the right in its sole discretion at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Notice of any such modification or discontinuance shall be posted on the Site wherever possible. You agree that MusicianShip shall not be liable to you or to any third party for any modification or discontinuance of the Service (except to the extent set out in clause 5 above in respect of Paid Services) unless otherwise agreed between MusicianShip and such third party.

11. Resale of Service

11.1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written consent of MusicianShip.

12. Intellectual Property Rights

12.1. You acknowledge and agree that all Intellectual Property Rights in the Service, the Site, any necessary software used in connection with the Service ("Software"), and all content (including text, videos, music, images or other materials) contained within the Site, the App, and the Service other than user content (“Content”) belong to MusicianShip and its licensors and that, except for the limited license rights granted to you under clause 12.2, MusicianShip and its licensors expressly reserve all Intellectual Property Rights in and to the Service, the Site, the Content and the Software. The term “Intellectual Property Rights” means copyright, trade marks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights.

12.2. Subject to clauses 12.3 and 12.4 and your compliance with these Terms of Service, MusicianShip grants you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive license to use the Site, the App, the Service, the Content and the Software, in each case for your own personal, non-commercial use, in accordance with these Terms of Service and any other written or other instructions of MusicianShip (including any instructions or parameters set down by MusicianShip within or as part of the Site or the Service).

12.3. Your license to use the Software is restricted to use of the object code of the Software, and it is a condition of such license that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Additionally, you understand that you may have to agree to additional terms and conditions before you use such Software or any third party Content.

12.4. Without prejudice to clause 12.1, you agree:
12.4.1. not to access the Site, the Service or the Content by any means other than through the interfaces that are provided by MusicianShip for use in accessing the Service; or
12.4.2. except as expressly authorized by MusicianShip or relevant third parties (including third party advertisers), not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

13. Indemnity

13.1. You agree to indemnify and hold MusicianShip, and its subsidiaries, affiliates, and its and their officers, directors, agents, co-branders or other partners, and employees, harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of your User Content, your use of the Service, your connection to the Service, your breach of the Terms of Service, or your violation of any rights of another person or entity.

14. General Practices Regarding Use and Storage

14.1. You acknowledge that MusicianShip may establish general practices and limits concerning storage of data on the Service and may modify such practices and limits from time to time without notice to you. You agree that MusicianShip has no responsibility or liability for the deletion or failure to store any messages and other communications or other user content maintained or transmitted by the Service. You acknowledge that MusicianShip reserves the right to delete accounts that are inactive for a period of more than 12 months.

15. Disclaimer of Warranties and Limitation of Liability

15.1. Where you are using a Paid Service (including a Premium Membership) MusicianShip warrants that such Paid Service will comply in all material respects with its description as set out on the Site.

15.2. Subject to clause 15.1 above you understand and agree that the Site, the Service and the Content are provided "AS IS" and that you use the Site, the Service and the Content at your own risk. To the fullest extent permitted by applicable law, MusicianShip expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular and without limitation to the foregoing, MusicianShip does not, except to the extent provided to the contrary under the warranty in clause 9.1, assume any responsibility for any improvement of your music learning; the timeliness, deletion, mis-delivery or non-delivery of information; failure to store any user communications or personalisation settings; restriction or loss of access; any bugs or other errors; unauthorized use due to your sharing of access to the Service; or any malfunction and/or inadequacy of the internet connection or the computer you are using. In addition, MusicianShip does not warrant that the Service or any part of it will be uninterrupted or error-free. However, this clause is subject to clause 15.3 below.

15.3. Without prejudice to clause 15.2 but subject to clause 15.4, you expressly agree that MusicianShip shall not be liable for any:
15.3.1. loss of profit;
15.3.2. loss of goodwill;
15.3.3. loss of use;
15.3.4. loss of opportunity;
15.3.5. loss of data;
15.3.6. loss of anticipated savings; (in each case whether direct or indirect), nor
15.3.7. for any indirect, incidental, special, consequential or exemplary damages (even if MusicianShip has been advised of the possibility of such damages), resulting from any matter relating to the Site, the Service or the Content.

15.4. However, MusicianShip does not restrict its liability for fraud, death or personal injury caused by its negligence, nor any other liability which MusicianShip is not permitted to restrict or exclude as a matter of applicable law.

15.5. Subject to clauses 15.2, 15.3 and 15.4, the maximum aggregate liability of MusicianShip to you in relation to any Paid Service (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the amount paid by you for such Paid Service.

15.6. In the event that you have a dispute with another User relating to, arising from, or in any way connected with use of the Site or the Service, you release MusicianShip from all claims, demands and damages of any kind or nature arising out of or in any way connected with such a dispute.

16. General Information

16.1. Applicable legislation and jurisdiction. The Terms of Service and the relationship between you and MusicianShip shall be governed by the laws of the State of California without regard to any conflict of law provisions of any jurisdiction. You and MusicianShip agree to submit to the exclusive jurisdiction of the California courts, except that MusicianShip may seek injunctive relief in any jurisdiction in order to enforce its rights under these Terms of Service.

16.2. Third party rights. Under these Terms of Service no person other than you and MusicianShip shall have any rights in relation to your access and/or use of the Site, the Service and/or the Content, provided that MusicianShip’s third party licensors may take action against you to enforce their Intellectual Property Rights or other rights.

16.3. Waiver and severability of terms. The failure of MusicianShip to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 the Terms of Service remain in full force and effect.

16.4. Entire agreement. You agree that these Terms of Service represent the entire understanding between you and MusicianShip in respect of your relationship with MusicianShip as a User (except in respect of Paid Services, which are governed by the Paid Services Terms in addition to these Terms of Service). These Terms of Service supersede any previous agreements between you and MusicianShip including any previous version of these Terms of Service.

17. Contact

17.1. Please contact us for any question you might have or report any breaches of the Terms of Service under musicianshipapp@gmail.com.

17.2. MusicianShip may contact you and send you notices, including those relative to changes in these Terms of Service, by email, regular post or by posting announcements on the Site.

Last updated: May 2023