Last Updated: January 6, 2020
Please read this Agreement carefully because your use of the Services constitutes your agreement to follow and be bound by the terms of this Agreement. If you object to anything in this Agreement do not use the Services.
1. Changes to this Agreement
This Agreement is subject to change at the sole discretion of String Masters with or without notice. The changes are effective as of the date of posting. Continued use of the Site and/or Services constitutes agreement to abide by the most recent version of this Agreement.
2. About our Services
String Masters is an online tool that uniquely provides string musicians a platform on which to hone their craft.
"Content" means any and all text, graphics, logos, images, videos, audio, sound clips, digitized sheet music, and the selection and arrangement thereof, the look and feel of the Site, any software on the Site, and source and object code of the Site, all of which is proprietary to String Masters. Content expressly excludes externally sourced public domain works.
"Member(s)" means subscribing Users who, on an annual basis, pays the monthly fee to have access to all of the offered Service (including "Instructor Members" and "Student Members").
"User(s)" means non subscribing Users of the Site and Services. Users may peruse the String Masters Site and may take a paid private lesson from an Instructor Member if invited. The lesson is recorded but access to the recording and any resources used during the lesson are not available after the lesson until the User becomes a Member. None of the other features of the Site and Services, including access to the String Masters Library, are available to Users until they become a Member.
We provide Users with several unique ways to engage with String Masters:
"Music Lessons" -- sign up as an instructor or as a student and pair up to achieve your musical goals. As a non-member User, you may accept invitations for lessons from music instructors. Your lessons will be recorded, but as a non-member the recording of your lesson will not be reviewable. However, should a User decide to become a Member after taking private lessons, recording of previous lessons will become accessible.
"Master Lessons" -- schedule private online lessons with world-class string musicians. These sessions are both live and recorded so Members can revisit their lessons time and time again.
"Membership" -- subscribe to String Masters as a Student Member or Instructor Member on our monthly subscription plan and get access to:
The "String Masters Library" -- a massive library comprising proprietary, licensed, and public domain works, sheet music, recorded Master Classes, études and learning tools that members can peruse and enjoy in accordance with the terms of this Agreement.
Your "Private Collection" -- a space where Members can upload Member Generated Content for future reference, use and enjoyment in accordance with the terms of this Agreement.
Your "Binder(s)" -- collections of Content, notes, Member Generated Content (etc.) that you have accessed during your Music Lessons or while perusing the Site that you wish to save in your Private Collection. For Members' convenience and future reference, items specifically accessed during Music Lessons will be saved in "Lesson Binder(s)" which are automatically organized by instructor.
"String Masters Studio" -- a feature only available to Instructor Members enabling Instructor Members to track and manage their students (both Student Members and pay-as-you-go learners).
"Master Class" -- a rare opportunity to learn from a renowned musician in your discipline. Master Classes are recorded and saved in the String Masters Library for future reference.
3. Membership and Registration
Membership is provided on a month-to-month basis, but the fee is paid once annually in advance of the subscribing year. We verify Membership by email confirmation at the email address you provide when you subscribe. Students who are less than the age of 18 must have their parent or guardian sign up on their behalf.
You agree and authorize String Masters to verify any provided data as required for your use of the Site and the Services. You are solely responsible for maintaining the confidentiality of your data and String Masters will not be liable for any charges, damages, liabilities, or losses arising from any disclosure. You acknowledge that the absolute privacy and security of any data you provide cannot be guaranteed.
4. Rules for User Conduct
As conditions of your use of the Services you agree that:
You will not use the Services for any other purpose that is unlawful under applicable law, or prohibited by this Agreement;
You are responsible for providing accurate, current and complete information in connection with your Membership;
You will not share Membership credentials with others and may not assign or otherwise transfer your Membership to any other person or entity;
Membership shall only be used by the individual or entity registered in association with it. Other persons are not permitted to use your Membership to access the Services;
You are entirely responsible for any and all activities that occur under your Membership and agree to notify String Masters immediately of any unauthorized use by emailing String Masters at: firstname.lastname@example.org;
You may not use the Services in any way to defame or disparage anybody or make comments of an obscene, derogatory, or offensive manner or otherwise use the Services in any way that brings String Masters or any third party into disrepute or causes us to be liable to any third party;
Use of the Services is not intended for minors. By using, viewing or accessing the Services, you represent and warrant that you are not a minor, or if you are a minor, that you have obtained the consent of your legal guardian to use, access or view the Services;
You are solely responsible for all costs and expenses that you may incur in relation to your use of the Services;
You will not, in any way, circumvent or manipulate our fee structure, the billing process, or fees owed to String Masters or other Users or Members;
The Content is provided to you solely for your use while engaging with the Services. You will not, in any way, reproduce, copy (including screenshots), distribute, adapt, sell or use any of the Content on the Site, or the Services for any purpose, including for non-commercial purposes, and including for the purposes of performance;
You will not solicit, harvest, manipulate, access or otherwise collect information regarding the Site, Services, Users, Members, or third parties, or their respective interests, property, or data. You will not bypass any measures we take to restrict access to the Content, Site or Services or use any software, technology, or device to scrape, spider, or crawl the Site or Services. You agree not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Services or the Content except as permitted under this Agreement or as expressly provided for under applicable law;
You agree not to use the Services to distribute viruses, malware, phishing scams, or any other similar harmful software code, content or technologies or otherwise take any actions that do or are intended to harm String Masters, the Site the Services, Users or Members.
You will not interfere or attempt to interfere with the proper functioning of the Site or Services or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure. Moreover, you will not probe, scan or test the vulnerability of the software, system or network, or breach or attempt to breach security or authentication measures related to the Services; and
You agree not to represent or suggest that we endorse any other business, product, or service unless we have separately agreed to do so in writing.
We expressly reserve the right to modify, suspend, or ban your access to the Services if you do not comply with any part of this section of the Agreement or any applicable law.
5. Use of Communication Features
The Services may contain chat areas, forums, personal pages, calendars, and/or other message or communication features designed to enable you to communicate with an instructor or with a group (collectively, the "Communication Features"). You acknowledge and agree that anything you pose to the Communication Features shall be your sole responsibility.
You agree to use the Communication Features only to post, send and receive messages and material that are proper and related to the Services.
Without limiting the foregoing, you agree that when using the Communication Features, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. You agree that you will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content, name, material or information.
You agree that you will not upload files to the Communication Features or anywhere on the Services that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents. Any materials uploaded to a Communication Features, or anywhere on the Services, may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload or download materials through the Communication Features.
String Masters specifically disclaims any liability for, including but not limited to, infringement and claims for infringement with respect to the Communication Features, content posted thereon, materials uploaded thereto, or downloaded therefrom and any actions resulting from your participation in any Communication Features. You hereby agree to save and hold String Masters harmless from any liability that may result from your inclusion of infringing material on the Communication Features and anywhere on the Services, and waive any claim against String Masters for same.
You agree that you will not upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another User or Members' computer.
The Communication Features are not meant to be used to advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Features specifically allows and/or invites such uses.
You may not download any file posted by another User or Member on the Communication Features, or upload any files through the Communication Features that you know, or reasonably should know, cannot be legally distributed in such manner and agree not to interfere with or change any author attributions, legal or other notices of any files that you have uploaded or downloaded.
You may not restrict or inhibit any other User or Member from using and enjoying the Communication Features. You may not harvest or otherwise collect information about others, including names and e-mail addresses, without their consent.
String Masters does not control or endorse the content, messages or information found in any Communication Features and, therefore, String Masters specifically disclaims any liability with regard to the Communication Features, all content posted thereon and any actions resulting from your participation in any Communication Features.
String Masters has no obligation to monitor the Communication Features. However, String Masters expressly reserves the right to review material posted to a Communication Features and to remove any materials in its sole discretion. String Masters reserves the right to terminate your access to any or all the Communication Features at any time without notice for any reason whatsoever.
6. String Masters Intellectual Property
All intellectual property rights in the Services and the Content are owned by String Masters. We reserve all our intellectual property rights, which include without limitation all copyright, trademark, domain names, design rights, database rights, patent rights, trade secret rights and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.
You agree not to adjust, circumvent or delete any intellectual property notices or bypass any software restrictions contained within the Services and Content.
Nothing in this Agreement grants you any right, title, or interest in or to the Services and Content, other than the expressly provided limited license set out in the section of this Agreement entitled "Our License To You".
STRING MASTERS and the related words and logos are our trademarks or trade names. Nothing in this Agreement or within the Content and Services should be construed as granting any license or right for you to use any such marks or names in any way. We expressly reserve all our trademark rights. Except as otherwise indicated, all trademarks, trade dress, logos and other source-identifying features of the Services and Content are the exclusive property of String Masters, whether registered or not.
No use of String Masters' trademarks or metatags is permitted in linking to the Services without our express written permission.
The Services and Content, including, but not limited to, any text, images, photographs, video, Master Classes, digitization of sheet music, annotations, derivative works, graphics and any other materials, the selection and arrangement of the foregoing, the look and feel of the Site, and the computer programs and software used to code the Site and the Services are protected by copyright. String Masters is the exclusive owner of copyright in and to the Services and Content, or has acquired the appropriate licenses, consents and permissions to use them. String Masters hereby expressly reserves all copyright in and to the Services and the Content.
You shall not use, produce, reproduce, adapt, modify, download, print, sell, prepare derivative works, reverse engineer, distribute, license, sell, transfer, publicly display, publicly perform, transmit, disseminate, broadcast or otherwise exploit the Services and the Content, except as expressly permitted in this Agreement.
6.1 Master Class Content
By agreeing to participate in a Master Class with String Masters you agree to have the Master Class recorded and replayed for String Masters' Members. All Master Class recordings will be sole property of String Masters and comprise part of the String Masters Content. If you wish to reproduce any portion of a Master Class, you must obtain express written permission from String Masters. Without express written permission, no portion of any Master Class, or any of the String Masters Content may be reproduced, published, adapted or used in any material form.
7. Our License to You
Subject to your compliance with this Agreement, String Masters grants you a limited, personal, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable licence (the "License"), to access and use the Services within the Confines of the Site strictly for educational purposes contemplated by the Site and the Services.
This License expressly excludes the right to use and reproduce the Services and Content for any purpose including any commercial purposes outside the confines of the Site and outside those expressly contemplated within the Services.
This License does not include the right to reproduce any of the Site, Content or Services for the purposes of performance in any manner whatsoever.
As a condition of your use of the Services, you warrant to String Masters that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement.
If you are non-member User and you have paid for an a la cart lesson, this License applies to you only for the duration of your lesson. This License terminates at the end of your a la cart lesson.
If you are a Member, this License applies to you for the duration of your Membership. This License terminates upon termination of your Membership.
8. Public Domain Works
String Masters highly respects the intellectual property subsisting in all creative works. String Masters makes commercially reasonable efforts to verify that public domain works are, in fact, in the public domain. String Masters will take down a public domain work appearing on the Site that has been misclassified where there is evidence that the work is not public domain.
9. Member Generated Content
The Services permit you to submit or post content created by you that has not been reviewed, vetted or edited by String Masters, or links to third party content that do not belong to String Masters on areas of the Site that may be accessible and viewable by other Members, Users, and potentially the public, including to the Communication Features (collectively "Member Generated Content").
While Member Generated Content can only be saved in a Member's Private Collection, it may be possible for Members to reproduce, share and use Member Generated Content during a lesson or on other areas of the Site and in other areas of the Services.
You acknowledge and agree that any Member Generated Content shall be your sole responsibility.
You agree that in accordance with the terms of this Agreement you will not upload or transmit to the Site or through use of the Services, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party's rights.
You represent and warrant that your Member Generated Content does not infringe or violate any third-party rights, does not infringe or violate third party intellectual property rights, does not violate any laws and does not contribute to or encourage infringing or unlawful conduct.
You represent and warrant that where you are not the author or owner of the Member Generated Content you have the necessary permissions, consents and/or licenses to reproduce and use the Member Generated Content. In particular, you represent and warrant that you have all rights in and to your Member Generated Content (whether through ownership, or licenses, consents and permissions from the owner) required for you to lawfully upload and use your Member Generated Content on the Services and grant the rights to your Member Generated Content provided in this Agreement.
String Masters specifically disclaims any liability for, including but not limited to, infringement and claims for infringement with respect to the Member Generated Content, and any actions or claims resulting from your Member Generated Content. You hereby agree to save and hold String Masters harmless from any liability that may result from your inclusion of infringing material in the Member Generated Content and waive any claim against String Masters for same.
String Masters does not claim any ownership rights in your Member Generated Content. You continue to retain any rights and all liabilities that you may have in your Member Generated Content. However, String Masters reserves the right to publish, delete, edit, modify or move, at any time and in our sole discretion any Member Generated Content without notice or liability.
You will neither advocate, promote or assist in the performance of any unlawful act when using our Services nor give the impression that any Member Generated Content emanates from String Masters where this is not the case.
10. Your License to Us
String Masters does not claim ownership to the Member Generated Content you post to the Services. However, by posting, uploading, inputting, providing or submitting your Member Generated Content you hereby grant String Masters and necessary sublicensees a worldwide, irrevocable, non-exclusive, fully paid-up, and royalty-free license to use, produce, reproduce, publish, adapt, translate, modify, delete, add to, publicly display, publicly perform, distribute, transfer, and sublicense the Member Generated Content in association with the String Masters Site, Content, and the Services, and to authorize others to do all of the foregoing for the purpose of providing the Services in accordance with the terms of this Agreement.
By posting, uploading, inputing, providing or submitting your Member Generated Content you hereby warrant and represent that you own or otherwise have all legally required permissions in and to your Member Generated Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Member Generated Content.
11. Fees and Billing
By using the Services and becoming a Member, including by subscribing to a free trial, you consent and agree to paying the fees and charges for any services or products purchased through String Masters.
Membership and Lesson prices advertised on Site for our Services are provided in US Dollars. All lesson and Membership fees for our Services are subject to change. Notice of any such changes will be given by email to the address provided upon subscribing.
To provide payment for our Services you will be directed to one of our third-party service providers to process your payment. All applicable taxes will be charged and collected at the time of purchase. Upon payment, you will receive an email with confirmation of your Membership and details of your payment for your records.
Memberships are priced based on a fixed monthly amount. If a year-long Membership is prepaid a 2-month discount will apply. Your paid Membership will continue automatically (at the end of each month/year), unless terminated before the next billable cycle. This auto charge is affected by a third-party payment provider. All fees and charges are nonrefundable. It is your sole responsibility to pay fees and charges on time and to cancel your Membership in a timely manner.
Lessons are paid for on an à la carte basis at the time of booking. All lesson fees on the site are in US Dollars. Lesson fees will only be refunded if the lesson is cancelled more than 48 hours in advance of the lesson's scheduled start time.
This Agreement will expire at the end of your Membership, unless you extend your Membership prior to it expiring. Under an extended Membership, the current version of this Agreement will apply.
String Masters shall be entitled to terminate your Membership and permission to use, view and access the Services and Content. To the extent that Members' conduct, as judged by String Masters in our sole discretion, does not comply with this Agreement, including restricting or inhibiting other Members' use and enjoyment of the Services, we may immediately terminate your access to all or part of the Services, terminate your Membership, remove any Member Generated Content, and/or seek other remedies. String Masters may terminate your Membership and/or block your access to the Services without any notice or refund, or both without notice and refund.
String Masters may, in its sole discretion, modify, change, suspend or terminate, temporarily or permanently, the Services, or any part of it, at any time, for any reason, without any notice.
If you wish to terminate your Membership you must email email@example.com 10 days before end of your next billing cycle. If you do not terminate your Membership by 10 days before the end of the next billing cycle you will be charged for the next billing cycle and that charge is non-refundable.
14. Third Party Links and Advertisements
The Services may contain advertisements, hyperlinks, references to third party websites or any of the preceding ("Third-Party Materials"). Third-Party Materials are solely provided as a convenience. String Masters has no control over Third-Party Materials. Any such advertisement, hyperlink or reference does not constitute an endorsement of the Third-Party Materials by String Masters. String Masters is not responsible for the accuracy or reliability of any opinion, advice, information, or other statements contained within the Third-Party Materials. Further, Third-Party Materials may be governed by terms and conditions of those third parties.
String Masters expressly disclaims any liability derived from the use, viewing or both the use and viewing of Third-Party Materials. You hereby agree to hold String Masters harmless from any liability that may result from the use, viewing or both the use and viewing of Third-Party Materials.
No deep linking is permitted if it obscures, hides or detracts from the Services.
15. Network Access and Devices
You are responsible for obtaining and paying for the data network necessary to use, view and access the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. We do not guarantee that the Services, or any portion thereof, will function on all hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications for which we are not responsible.
16. User Relationships
Nothing in this Agreement shall in any way be construed as forming a joint venture, partnership, agency, or employment relationship between String Masters and you.
17. Disputes Between Users
String Masters is not a party to any agreement or arrangement made by or between Instructor Members and/or Student Members and or nonmember students even if the Site or Services were used to facilitate the arrangement or agreement. Any disputes between any of the aforementioned are solely between those parties. The resolution of disputes that may arise between Users and/or Members is the sole responsibility of the Users and/or Members. You hereby expressly agree that String Masters has no liability or obligation with respect to any such disputes whatsoever.
18. International Users
The Services are controlled, operated and administered by Sting Masters from our offices in Canada. If you access and/or use the Services from a location outside of Canada, you are responsible for complying with all local laws. You agree that you will not use Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
19. Limitation of Liability
STRING MASTER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, AND SERVICES FOR ANY PURPOSE.
YOU AGREE THAT YOUR USE OF THE SERVICES AND CONTENT SHALL BE AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS.
STRING MASTERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
STRING MASTERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF SERVICES AND CONTENT OR THE CONTENT OF ANY WEBSITE AND/OR SERVICE LINKED TO THE SERVICES.
STRING MASTERS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICES; (II) PERSONAL INJURY, LOSSES, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (V) ANY ERRORS OR OMISSIONS IN THE SERVICES OR CONTENT; (VI) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES; AND/OR (VII) INFRINGEMENT OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STRING MASTERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS AND/OR INFRINGEMENT ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STRING MASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR ANY PORTION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
You agree to indemnify, defend, release and hold harmless String Masters, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including reasonable legal fees, arising out of or in any way connected with:
Any violation of this Agreement by you including, without limitation breaches of your representations, warranties, obligations and covenants hereunder;
Member Generated Content submitted by you via the Services that violates any intellectual property, proprietary, contract, or other right of any third party;
Use of and access to the Services and Content by you or any other person accessing the Services and Content using your account; and
Your inability to use the Services.
String Masters reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you hereby represent that you will fully cooperate with String Masters in asserting any available defenses.
Provisions of this Agreement which expressly or by their nature survive termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive expiration or termination of this Agreement for any reason.
22. Entire Agreement
If any term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
No waiver of any provision of this Agreement shall be binding on anyone unless consented to in writing. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless consented to in writing.
25. Governing Law
This Agreement is governed by and interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. By agreeing to this Agreement, you hereby irrevocably consent to the exclusive jurisdiction of the Courts of the Province of Ontario in the City of Oshawa.
If you access the Services from outside Canada, you are responsible for complying with the terms of this Agreement and with the applicable local laws in your use of the Services, but the governing law remains as noted herein.
26. Contact Information