BACKGROUND:
This Website is operated by Musicademy Records Limited. The Terms and Conditions below form the basis of our agreement with you. Please read the following Terms and Conditions carefully, and if you wish to subscribe to the service you are agreeing to accept these Terms and Conditions. Once accepted these Terms and Conditions will form the contract between Musicademy Records Limited and you/your organisation.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Fee” : means the fee paid by Users to access and use the Product for the time specified;
“Permitted Use” : means the use of the Product as set out in sub-Clause 2.1;
“Product” : means the videos and other information provided by Musicademy through this Website;
“Musicademy” : means Musicademy Records Ltd, Oak Tree House, Berry Lane, Chorleywood, Herts WD3 5EY United Kingdom (references to “we”, “us” and “our” should all be read as referring to Musicademy);
“User” : means any third party that accesses the Website and is not employed by Musicademy and acting in the course of their employment (references to “you”, “your” and “yours” should all be read as referring to you as a User); and
“Website” : means the website that you are currently using (www.musicademy.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Permitted Use
Subject to the payment of the Fee and subject to the restrictions in Clause 3 below you shall be granted a non-exclusive licence:
2.1 To use the Product for your own personal purposes and those of other Users who have a fully paid up licence;
3. Exceptions and Restrictions
3.1 The Permitted Use is subject to the following exceptions and restrictions:
3.1.1 You will not sell any of the Product (or any part thereof) to third parties;
3.1.2 You will not distribute any of the forms and/or documents contained within the Product (or any part thereof) to third parties for sale or resale (or free of charge) whether as part of a package or as a separate product;
3.1.3 You are NOT permitted to reproduce, print and make back-up copies on any computer system; or to copy, modify, adapt, merge, translate, disassemble, or create derivative works based upon the whole or any part of the Products.
3.1.4 You will not rent, lease, sub-licence or loan any of the Products (or any part thereof) to third parties.
3.2 The restrictions in sub-Clause 3.1 are subject to the provisions of the Copyright Designs and Patents Act 1988. Musicademy waives its moral rights contained in Sections 77 – 79 of that Act.
3.3 The copyright and all other applicable intellectual property rights in the Documents remain the sole property of Musicademy.
3.4 All restrictions in this Clause 3 shall apply to the Product, any and all parts thereof, and any derivative works created by you using the same.
3.5 All licences, consents and restrictions contained in these Terms and Conditions shall be limited to the normal duration of copyright in literary works as defined in the Copyright Designs and Patents Act 1988, Section 12 (the life of the author, plus 70 years).
3.6 Single or Multiple user membership is permitted only for the number of people that have been paid for in the subscription. You are NOT permitted to share login details with any other individual beyond those specified in the account.
4. Ownership
Musicademy shall at all times retain ownership of the Product. Where the Product includes, for instance, music under copyright, we have agreements in place with either the publishers or MCPS / PRS on their behalf.
5. Fees, Payment, Purchases and Delivery
5.1 All Fees appearing on this Website are exclusive of Value Added Tax. If applicable, Value Added Tax shall be added to any and all sums due at the point of sale.
5.2 All transactions processed through this Website are handled by a third party merchant services provider. Payment details are stored by them and not by Musicademy. We do not accept responsibility for any problems you may have in making payment through such providers.
5.3 Upon the successful completion of payment, the Fee Period shall commence. During the Fee Period you shall have access to the Product (or the relevant part thereof as determined by your subscription).
5.4 All prices and charges on the website are in US Dollars. Note that Musicademy will not be liable for any additional charges that your bank or credit card provider levies for you to undertake a purchase on our website,
5.5 The website provides purchased material predominantly via online streaming. It is your responsibility to ensure that you have adequate broadband functionality to support high definition streaming. Once payment has been made, and you are logged into the site within your membership term, the streaming products will be available to you subject to clause 10 below. Where product (such as chord charts) are available as an online download, these will be made available as soon as payment has been received. Payment is made by clicking the relevant “Buy Now” button.
5.6 New users sign up for a set period of time (e.g. monthly, quarterly or annually). The fee for that period is paid up front with no cancellations or refunds possible during that period. At the end of the subscribed period the monthly subscription will roll over on the same basis as before at the prevailing pro rata rate. The longer your initial subscription, the lower your recurring costs in the future.
5.7 Whilst all the videos, and some basic chord charts (and backing tracks where they were provided on the original DVDs) are provided without further charge while your subscription is valid, we do have a number of optional, paid-for “add-on” products such as workbooks, songbooks, backing tracks, EveryKey Chord Charts and Super Chord Charts. These products are charged in addition partly because we have additional licensing fees to pay to publishers on them, and partly to fund further development of such add-ons. Please note that the first time you purchase an add-on you will be asked to enter payment details again. With multiple license holders care should be taken to ensure that permission is taken from the budget holder where church credit cards, rather than personal cards belonging to the account holder are used. Refunds are not available for add-on products under any circumstances. Add-on products are provided as permanent downloads. Users should take care to back up their purchases as a fee may be payable for reinstatement of lost files.
6. Videos, Documents and Liability
6.1 The videos that make up most of the Product have been filmed over a number of years. Inevitably some errors have become apparent. It is not possible to edit original recordings but if we are made aware of any defects in the Product we will consider adding a note to that effect on the Product description.
6.2 We will not be liable for any loss of any kind including lost profits or other consequential losses arising from your use or inability to use the Product or from errors or deficiencies in any part of the Product.
6.3 You should ensure that any Product (or part thereof) acquired from Musicademy is appropriate and complete in all respects for its intended purpose. We give no representation or warranty that such material will be fit for its intended purpose, useful to you or of satisfactory quality.
6.4 No liability shall attach to Musicademy, our directors or officers, our employees, or retained consultants for loss or damage of any nature suffered as a result of the use of the Product or for any errors or omissions in the contents of any documents.
7. Refunds
A number of videos are made available on a “try before you buy” basis in order that Users are able to make a fair judgement of the quality of the Product available on subscription. See Featured Lessons on the home page. As such refunds on subscriptions are not possible. Please also note section 5 above. Refunds are not available for add-on products under any circumstances.
8. General
Musicademy cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or teaching. All products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice.
9. Changes to the Website, the Documents and these Terms and Conditions
We reserve the right to change this Website, the Product and these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.
10. Availability of the Website and the Product
10.1 This Website and the Product are provided “as is” and on an “as available” basis. We give no warranty that the Website or the Product will be free of defects and/or faults.
10.2 We accept no liability for any disruption or non-availability of this Website resulting from any causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship. It is your responsibility to ensure that your broadband connection is fast enough to stream this service. We provide the Featured Lessons on the home page free of charge partly so that users can test that their internet connection is powerful enough to stream video from this site and refunds will not be possible due to inadequate local ISP service levels. Our HD videos will take longer to stream and require a more efficient service than the older non HD videos.
11. Waiver
Failure by Musicademy to enforce the performance of any provision in these Terms and Conditions shall not constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
12. Severance
In the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
13. Data Protection and Privacy
13.1 We collect only the personal data that Users provide during the process of registering to use this Website. All data held by Musicademy is held and processed in accordance with our rights and obligations under the Data Protection Act 1998.
13.2 We collect the following data:
13.2.1 Your full name;
13.2.2 Your company or business name;
13.2.3 Your email address;
13.2.4 Your postal address and post code; and
13.2.5 Your telephone number.
13.3 Further details of our collection and use of User data and our use of cookies are included in our Privacy Policy.
13.4 Your data may be stored on servers outside the European Economic Area.
14. Law and Jurisdiction
These Terms and Conditions are governed by the laws of England and Wales. Any dispute relating to these Terms and Conditions shall fall within that jurisdiction.
15. Registered Details
This website is owned and controlled by Musicademy Records Ltd, Oak Tree House, Berry Lane, Chorleywood, Herts WD3 5EY Tel 01923 282878. Registered Company Number 5597213.
16. Licensing
This website contains a number of licensed products (such as many of the songs featured on the videos and backing tracks). These are licensed to Musicademy via MCPS / PRS license #LE-0011389. Chord charts are licensed via the Publishers.