Welcome to the School of Jazz Online website (the “Website”) which is published and maintained by The School of Jazz Online (“Us”). We provide our service (the “Service”) to users of the Website (“you”) subject to the following Terms of Use (“Terms”), which may be updated by Us from time to time without notice to you. Please read these Terms of Use and our Privacy Policy (collectively, the “Agreement”) carefully before using the Website. Your use of the Website is subject to your acceptance of this Agreement, and when you access, browse, or use this Website, you accept, without limitation or qualification, the Agreement as if you had signed it. If you are not willing to be bound by these Terms and enter into this agreement with Us, you may not use this Website, and you must exit immediately. Your continued use of this Website is deemed to be your Agreement with Us by which you are bound by all of the Terms. Also, when using any of available parts of the Website, you and we are subject to any posted guidelines or rules applicable to such Services or other parts of the Website which may be posted from time to time.
1. Restrictions on Use
Any materials posted on the Website that you copy, print, or download are licensed to you by Us for your personal, non-commercial use only, provided that you do not change or delete any copyright, trademark, or other proprietary notices. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice. You agree that we will not be or are liable to you or to any third party for any modification, suspension, or discontinuance of the Website. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
2. Curriculum Modifications
While we take pride in our products and Curricula, unexpected events do occur. We reserve the right to cancel, interrupt, or reschedule any Curriculum or to modify any Curriculum content. Curricula offered by Us are subject to the Disclaimers and Limitation of Liability sections below.
3. No Academic Credit
Participation in or completion of our Curricula does not confer any academic credit. We have no obligation to have a Curriculum recognized by any educational institution or accreditation organization.
4. Disclaimer of Student-University Relationship
Nothing in these Terms or otherwise with respect to your participation in any Curriculum: (a) establishes any relationship between you and any educational institution; (b) enrolls or registers you in any educational institution or in any Curriculum offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the Curriculum.
5. User Content
We may enable you to share your content, such as videos and documentation you submit, posts you make in our forums, and the like (“User Content”). You retain all intellectual property rights in, and are responsible for, the User Content you share.
6. How We and Others May Use User Content
To the extent that you submit, post, and provide User Content, you grant Us a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use your User Content. This license includes granting Us the right to authorize others to use your User Content with their registered students and students independent of the Curricula. Nothing in these Terms shall restrict other legal rights we may have to your User Content; for example under other licenses. We reserve the right to remove or modify any User Content for any reason, including User Content that we believe violates these Terms.
7. Feedback
We welcome your suggestions, ideas, comments, and other feedback regarding the Curricula (“Feedback”). By submitting any Feedback, you grant Us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, we do not waive any rights to use similar or related Feedback previously known to Us, developed by Us, or obtained from other sources.
8. Security
We care about the security of our users and our Website. While we work to protect the security of your account and related information, we cannot and do not guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify Us immediately of any compromise or unauthorized use of your account by emailing info@schoolofjazzonline.com.
9. Third Party Content
Through the Curricula, you may have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. We cannot and do not guarantee that such third party content in the Curricula or elsewhere will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files. We disclaim any responsibility or liability related to your access or use of such third-party content.
10. Copyright and Trademark Policy
We respect the intellectual property rights of our users and other third parties and expect our users to do the same when using the Website and/or in the Curricula. We have adopted and implemented the our Copyright and Trademark Policy (see, Below) in accordance with applicable law, including the Digital Millennium Copyright Act.
11. Paid Services
We offer individual and group instruction and other Services for a fee (“Paid Services”). Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable Paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors and we reserve the right to change any fees at any time in our sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Paid Services. Refunds may be available for Paid Services as described in our Refund Policy.
12. Modifying and Terminating our Services
We are constantly changing and improving our Website and Curricula. We may add or remove functions, features, or requirements, and we may suspend or stop an element altogether. Accordingly, we may terminate your use of any part of the Website or Curriculum for any reason. If your use of a Paid Service is terminated, a refund may be available under our Refund Policy. We, our instructors, our contributors, our sponsors, our business partners, and each of our and their employees, contractors, and other agents (the “Parties”) shall not have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.
13. Disclaimers
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF CURRICULUM OF DEALING OR USAGE OF TRADE. THE PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY US FROM YOU FOR THE USE OF PAID SERVICES DURING THE PREVIOUS MONTH, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Indemnification
You agree to indemnify, defend, and hold the Parties harmless from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) your User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
16. Governing Law, Jurisdiction, and Remedies
The Services are managed by Us which in California, United States of America. You agree that any dispute related to these Terms will be governed by the laws of the state of California, excluding its conflicts of law provisions that might compel the application of the law of another jurisdiction. You further consent to the personal jurisdiction of and exclusive venue in the courts located in and serving Santa Barbara, California, United States of America as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Services either you and we agree to submit any dispute to mediation in which all parties participate in good faith, the fees for which shall be paid equally between or among the parties. Should mediation not be successful after the good faith participation of all parties, wither party may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and Us. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
17. Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by Us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
18. Severability and Waiver
In the event a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
19. Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
APPLICABLE POLICIES
A. Acceptable Use Policy B. Copyright and Trademark Infringement Policy C. Refund Policy D. Honor Code E. Privacy Policy
A. Acceptable Use Policy
Our mission is to provide universal access to the world’s best jazz education. We believe strongly in preserving free speech and expression for our students as well as academic freedom for our business partners and instructors. We also want to make sure that all of our students and instructors feel safe and comfortable while using our Services. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and while otherwise using our Services.
Although we do not routinely screen or monitor content provided by our users, we may remove or edit inappropriate content or activity reported to Us or suspend, disable, or terminate a user’s access to all or part of the Services.
>> You are prohibited from using our Services to share content that:
Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that there are students who are as young as thirteen (13) that use the Services. We do not allow content that is inappropriate for these younger students.
Contains credible threats or organizes acts of real-world violence. We do not allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
Otherwise violates our Terms of Use. Please note that specific Curricula may have additional rules and requirements.
>> You also aren’t allowed to:
Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
Share your password, let anyone access your account, or do anything that might put your account at risk.
Attempt to access any other user’s account.
Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
Try to reverse engineer any portion of our Services.
Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
Use our Services to distribute malware.
Impersonate or misrepresent your affiliation with any person or entity.
Encourage or help anyone do any of the things on this list.
B. Copyright and Trademark Policy
We respect the intellectual property rights of others and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Services infringe your copyright, the DCMA provides that you (or your agent) may send Us a notice requesting that the material be removed or access to it blocked. Such notice shall be sent to info@schoolofjazzonline.com in accordance with applicable law and regulation. The notice must include the following information:
The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Us to locate the material on the Services; the name, address, telephone number, and email address (if available) of the complaining party; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
We also respect the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark that is brought to our attention may be updated, suspended, disabled, or terminated by Us in our sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email Us at info@schoolofjazzonline.com. We will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.
C. Refund Policy
For details on our refund deadlines and policies, please refer to the information below. Please note that our policies differ for products that have month-to month subscription payments and one-time Curricula or products such as eBooks and that our payment options may differ from one Service to another. Please also note that we treat violations of our Terms of Use and Honor Code very seriously, and we have no obligation to offer refunds to students who are found to be in violation of these terms, even if their requests are made within the designated refund period. Similarly, we have no obligation to offer refunds to users who do not become better jazz players or who are otherwise unsatisfied with their jazz playing after taking a Curriculum or purchasing any of our Services or products.
For Subscriptions
We only offer refunds for initial full payments made on a subscription plan, and not on subscription rebills. Your subscription will continue on a month-to-month or another stated basis (depending on the billing cycle chosen) unless and until you cancel your subscription or the subscription is suspended or discontinued by Us. If you cancel your subscription, you will not be billed for the next billing cycle. To be clear, you must cancel your subscription before your rebill renewal date to avoid the next billing.
If you cancel your subscription, cancellation will be effective at the end of the current monthly period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.
For Curriculum and Product Purchases
If you cancel your paid enrollment or paid pre-enrollment for a Curriculum, we will offer you a complete refund if requested within thirty (30) days after you make payment.
We have no further obligation to provide refunds to you for Curricula or products offered by Us that you purchase.
D. Honor Code
All students participating in Curricula must agree to not engage in any activities that will dishonestly hurt the results of others.
School of Jazz Online Privacy Policy
This policy was last updated on January 7, 2021.
School of Jazz Online has created this privacy statement to show we are committed to your privacy and to disclose how it gathers and disseminate information relative to this website. We recognize and respect your need for privacy and security as you visit our site. We at the School of Jazz Online (referred to in the privacy Statement as "we") recognize the importance of protecting the privacy of all information provided by you, whether as a subscriber of our website, registrant for our programs, potential client of our services, recipient of email updates, or user or viewer of our website. It describes the types of information that we gather about you, how we may use that information, whether we disclose the information to anyone, including under what circumstances that might occur, and the rights and choices you have with respect to your personal information, including your rights to direct what we may or may not do with the information. We created this policy with a fundamental respect for the privacy of visitors, members, and users of our website and to guide our relationships with you.
Collection of Your Personal Information
Under the law, the term “personal information” is quite broad and includes “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Also, the definition of the term “consumer” covers most every person.
When you use or view our website, you may be asked to provide your personal information, depending on what part of the website you visit and the level of engagement or inquiry that involves you. We may collect your name, email address, mailing and/or physical address, telephone number, company name, and other financial or other information that you give us relative to services and/or products available through our website. While you have complete control over the amount and nature of the information you disclose, your ability to use all of the elements of the website may be limited based upon the amount and type of personal information you provide.
As is true of most websites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system. We may use cookies to keep track of your preferences. Cookies are also used to collect general usage and volume statistical information that does not include personal information. If we collect it, we use this information to improve our website and marketing efforts and conduct research and analysis.
Even after you disclose your personal information voluntarily or electronically, you have the right to require that we delete some or all of your personal information. Upon your request, we will follow your clear instructions that are communicated to us in writing, either via e-mail addressed to info@schoolofjazzonline.com or regular mail addressed to School of Jazz Online, 1018 Garden Street, Suite 102, Santa Barbara, CA 93105.
Use and Sharing of Your Personal Information
The purpose of our website is to provide information to you about classes, instructions, and events. The purpose of collecting your personal information in the first place is so that we can provide the service our website is designed to provide.
Once you have entered the information requested to compete an online form, we will not participate in any other communication with or about you without your advance knowledge and consent.
We do not sell or otherwise disclose information outside of School of Jazz Online. We will not send you any unsolicited email offers (i.e. spam or special offers) without your permission. The only information that we collect is information that you have given us, including your name, e-mail address, and any search criteria that you have entered and saved, including your log-in credentials (username, password).
You may manage your personal information by making various choices, including updating information that is not accurate or current, changing your log-in information, and deleting all or any portion of your personal information.
Newsletters
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide a way to unsubscribe.
Security
We take reasonable precaution to protect your personal information and to store it securely. In addition, access to all of your information is restricted to our authorized employees. All of our employees are required to adhere to our strict privacy policies, and we enforce this requirement to the fullest extent.
It is important for you to protect against unauthorized access to your password and to your computers, devices, and applications. We encourage you to be sure to sign off when finished using a shared computer.
Choices You Have
As stated above, you can choose not to provide certain information, but then you might not be able to take advantage of some or all of the parts of this website.
You can add or update your information. When you update information, we might keep a copy of the prior version for our records but will not disclose such information to any third party.
If you do not want to receive e-mail or other communications from us, please unsubscribe from receiving those kinds of communications.
The Help feature on most browsers and devices will tell you how to prevent your browser or device from accepting new cookies or other identifiers, how to have the browser notify you when you receive a new cookie, or how to block cookies altogether. Because cookies and identifiers allow you to take advantage of some essential features of our website, you may choose to leave them turned on. The choice is yours.
If you want to browse our websites without linking the browsing history to your account, you may do so by logging out of your account and blocking cookies on your browser.
You have the right and opportunity to delete any or all of your information that you have previously provided. If you want to delete any or all of your information, provide us with clear instructions that are communicated to us in writing, either via e-mail addressed to info@schoolofjazzonline.com or regular mail addressed to School of Jazz Online, 1018 Garden Street, Suite 102, Santa Barbara, CA 93105.
Access to the Website by Children
We do not sell anything and the subject matter of our website is not designed for children. We do not provide any services to users under the age of 13, and we do not knowingly collect any personal information from children under the age of 13. Should we become aware that information entered into any part of our website contains the personal information of a child under the age of 13, we will delete it.
No Discrimination
We will not discriminate against any consumer for exercising rights under the California Consumer Privacy Act or otherwise.
General Data Protection Regulation (GDPR) Information
Your data is protected using industry standard tools and software. Our policy about sharing such information is stated in this Privacy Policy.
If you don’t want your data/personal information stored or collected, contact Us at info@schoolofjazzonline.com and let us know.
Our current practice is to store data as long as our Ecommerce stores are live.
The data is stored in the United States of America.
The type of data stored is your name, e-mail address, IP, and personalization details you’ve filled in on our website, if any, such as your first name and last names, instrument(s) you play or have played, years of playing experience, and any other contact, financial, billing, or other information.
If we discover that there is or has been a data breach, we will notify you promptly within 72 hours of our having received notice, unless you have opted out of receiving communications from us, in which case we would have no way to reach you.
Prior Disclosures of Personal Information
Our website was launched on August 15, 2020, which was date on which The School of Jazz Online came into being. Accordingly, we have not collected or disclosed any Personal Information within the past twelve months and have no intention of disclosing any such Personal Identification in the future.
Changes to this Privacy Policy
School of Jazz Online will occasionally update this privacy policy related to this website. For material changes to this statement, we will notify our users by placing a prominent notice on the site.
Questions?
School of Jazz Online welcomes your comments about our privacy policy. If for any reason you believe that your privacy has been breached through the use of our site, please contact us immediately and we will do our best to promptly determine and correct the problem. If you have questions or concerns regarding this privacy policy, please contact School of Jazz Online by email: info@schoolofjazzonline.com.
