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Last Revised: March 13, 2021
These Terms of Service (the “Terms”) are an agreement between you or the entity you represent (hereinafter referred to as “you,” “your,” or “user”) and Sharaliy Inc., a corporation governed by the laws of the State of Washington, doing business as Beautiful Sounds Music Lessons (hereinafter referred as “Company,” ”we,” “our,” or “us”). We own and operate the website found at beautifulsoundsmusiclessons.com and any mobile application associated with it (collectively, “Platform”).
By accessing or using any part of the Platform, you agree to be bound by these Terms. If you do not accept these Terms and all the policies and documents incorporated herein by reference in their entirety, you may not use any part of the Platform.
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Platform, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality of the Platform. Any revisions to these Terms or changes to the Platform will take effect when a revised version or a notification is posted on the Platform unless otherwise stated. Your continued use of the Platform after the revision date constitutes (a) your acceptance of revised Terms and/or changes in Platform and (b) agreement to be bound by any such revised terms and conditions.
The Platform (a) is a directory for music teaching services (“Service(s)”), and (b) offers an online course (“Course”) for music teachers. Any user listed as a teacher of music on the Platform shall be referred to as a “Teacher” in these Terms. Any user interested in finding suitable a Teacher for music practice or music lessons shall be referred to as a “Student”.
The directory is provided for information purposes only and no user has an option of booking or paying for a Service via the Platform. If a user wishes to book a Service, such user must contact the Teacher in question directly.
The Platform is separate and distinct from the Services offered by the Teachers. We do not endorse, hire or employ any Teacher, who has registered on the Platform. Users of the Platform are solely responsible for all interactions, conversations, and any form of communication and behavior between one another.
We reserve the right to remove any terminate any user’s Account (as defined below) if we believe that any such user violated these Terms or any policy incorporated herein by reference.
Only individuals who reached the age of majority in their place of residence may sign up for an Account (as defined below) on the Platform.
Registering for Account. You may purchase the Course by signing up for an account on the Platform (“Account”). When you register for an Account, you will be asked to provide certain information about yourself. By registering for an Account, you represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) you do not impersonate any person or entity, including any the Company’s employees or representatives, and (d) you have reached the age of majority in the state/province/country of your residence.
Registering as Entity. If you register for an Account on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In that event, “you,” “your,” or “user” will refer and apply to that entity.
Background Check for Teachers Directory. Any Teacher who wishes to add himself/herself to the Teachers directory has to complete a background check at his/her own expense with an entity or organization chosen by the Company.
Confidentiality and Security of Your Login Information. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. By using your Account, you acknowledge and agree that our account security procedures are commercially reasonable. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.
License to Use Platform. Subject to the terms and conditions of these Terms, the Company grants you a worldwide, non-transferable and non-exclusive license of the right to use the Platform.
License to use Course. If you purchase the Course, the Company will grant you a worldwide, non-transferable and non-exclusive license of the right to use the Course’s content (which may consist of training videos and education materials on how to build a music lesson business) for your personal use, subject to certain restrictions as detailed below.
Restricted Uses. The right granted to you in the present Terms is subject to the following restrictions:
Violation of any of the above may be subject to termination of your Account or suspension of your access to the Platform.
Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Platform and Course. The Platform and Course are licensed to you; this means that the Platform and Course are under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Platform and Course. Our name, logo, and other names associated with the Platform and Course belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
Acceptable Form of Payment. We accept credit and debit cards payments supported by Stripe, Inc. (“Stripe”). Stripe processes your payments on our behalf and collects all the relevant payment information. The default currency for all purchases is the US dollars.
Refund Policy: 100% Satisfaction Guarantee. We will refund your money if you are not fully satisfied with the Course. If you would like to request a refund, you must do so within seven (7) days following the purchase of the Course. Email us at email@example.com to request a refund and indicate your username and the last 4 digits of the credit/debit card you used to purchase the Course.
Teachers are solely responsible for:
Service descriptions, cancellation policies and rates on the Platform are subject to change without notice.
Your Comments. Any registered user may comment or post any information, images, or videos on the Platform or in any Facebook Group associated with the Platform (collectively, “Comments“). You are solely responsible for the Comments you post, including their accuracy, legality, and appropriateness and we do not assume any liability for Comments posted by you or any other Platform user.
Your Representations and Warranties with Regard to Your Comments. By posting your Comments on the Platform or in any Facebook Group associated with the Platform, you represent and warrant that: (i) your Comments do not violate any law, privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; (ii) your Comments do not and will not contain sexually explicit content or pornography; and (iii) your Comments do not contain hateful, defamatory, or discriminatory content and do not incite hatred against any individual or group. We reserve the right to terminate the Account of anyone found to be infringing one’s copyright or violating any provisions of these Terms.
Licensing your Comments to Company. By posting any Comments on the Platform you grant the Company license of the right to use, display, and distribute such Comments on and off the Platform including, but not limited to, the Company’s social media pages (such as Facebook Group associated with the Platform).
Our Right to Remove Your Comments. We reserve the right at our sole discretion to remove any Comment that we feel in our judgment does not comply with these Terms, along with any Comment that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. However, we are not responsible for any delay in or failure to remove any such Comment. If you post Comments that we choose to remove, you hereby consent to such removal and consent to waive any claim against us.
Copyright/DMCA Policy. 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. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platform, please contact us immediately at firstname.lastname@example.org.
Privacy of Your Personal Information. If you choose to share any personal information through our forum or a discussion group, you do so at your own risk. Any such information will be accessible by the public. Therefore, we strongly encourage you not to disclose your personal information in such forums and discussion groups.
Nothing in these Terms shall is intended to, or shall be construed to create a partnership, agency, joint venture, employment or similar relationship between (i) you and the Company; or (ii) you and another user of the Platform. Each Teacher hereby acknowledges that the Company does not directly or indirectly engage it to render any Services whatsoever and that any engagement of any such Teacher is undertaken exclusively and directly by Students. Each Teacher is and will remain an independent contractor in its relationship to each Student. Each Teacher shall have the sole right and responsibility to determine the manner, method, and means of performance by which it will perform the Services, subject to any reasonable requests of its Students. Notwithstanding the foregoing, each Teacher agrees to adhere to any applicable policies and procedures as may be required by any applicable law.
Any delay or failure of the Company to perform its obligations under these Terms will be excused if and to the extent that it was caused by an event or occurrence beyond the Company’s reasonable control and without its fault or negligence (“Force Majeure”). Force Majeure includes, but is not limited to, acts of God, actions by any government authority (whether valid or invalid), fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, acts of terrorism, court injunction, or court order. If the Company is claiming Force Majeure, the Company must provide users of the Platform with written notice of such delay (including the anticipated duration of the delay) within ten days of the occurrence of Force Majeure.
For Educational and Informational Purposes Only. The information contained on the Platform (including the Course content) is for educational and informational purposes only.
Not Professional Advice. Information contained on this Platform and in the Course is not intended as, and shall not be understood or construed as, professional advice. While the employees and/or owner of the Company are professionals and the information provided on this Platform relates to matters within the Company’s area of expertise, the information contained on this Platform is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation. We have done our best to ensure that the information provided on this Platform and in the Course is accurate and provides valuable information. Regardless of anything to the contrary, nothing available on or through this Platform should be understood as a recommendation that you should follow without consulting with a professional to address your particular information. The Company expressly recommends that you seek advice from a professional. Neither the Company nor any of its employees or owners shall be held liable or responsible for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
No Guarantees. The Platform and the Course are provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the Platform or Course will be uninterrupted, timely, secure or error-free. We do not warrant that the quality of the Course will meet your expectations, or that any errors in the Course content will be corrected.
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Platform or not. The Company provides educational and informational resources that are intended to help users of this Platform succeed in their online businesses and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in the Course are no guarantee that you or any other person or entity will be able to obtain similar results.
Earnings Disclaimer. From time to time, the Company may report on the success of itself or one of its existing or prior clients/customers. The information about this success is accurately portrayed by any such client/customer. You acknowledge that the prior success of others does not guarantee your success. As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her dedication, desire and motivation. Your use of the Course should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our Course by you.
Testimonials. We may find various testimonials from our previous clients and customers on the Platform. These testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on the Platform. Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using the recommendations presented in the Course.
Your Interactions with Other Users. We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any Comment posted by any user on the Platform or Facebook Group associated with the Platform. We assume no responsibility for ensuring a user’s compliance with any applicable laws, rules and regulations or these Terms. We do not inspect premises or locations chosen by Platform users for Service performance (neither Teachers’ nor Students’).
We make no representations or warranties as to the conduct of Platform users. You understand that we make no guarantees, either express or implied, regarding your ultimate experience with users you meet through the Platform. You do so at your own risk. Therefore, you are solely responsible for your interactions with other users of the Platform. You agree to take reasonable precautions in all interactions with other users of the Platform. We are not responsible for the use of any personal information that you publicly disclose using the Platform. Please carefully select the type of information that you post on the Platform.
Adult Supervision. We recommend that a Student under the age of majority is accompanied by a parent or guardian at the time when a Service is provided by a Teacher.
Limited Liability. In no case shall Company, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Platform or Course Content, or for any other claim related in any way to your use of the Platform or Course, including, but not limited to, any errors or omissions, even if we have been advised of the possibility of such errors and omissions. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Disputes Among Users. You agree to use your best efforts to settle any dispute you may have with any other users of the Platform in an amicable way by mutual negotiations. However, should an amicable settlement between you and another user be impossible, you may pursue the issue independently. You acknowledge and agree that the Company will not and is not obligated to provide any dispute assistance under these Terms.
Disputes Between User and the Company. You and the Company agree to settle any dispute that will arise from the interpretation or enforcement of these Terms amicably. Otherwise, any dispute shall be submitted to competent courts situated in Clark County, WA, USA. The provisions of these Terms and any dispute, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of Washington without regard to principles of conflicts of law. The parties irrevocably submit to the exclusive jurisdiction of the courts situated in Clark County, WA, USA.
Term & Termination. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Course and/or Platform.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Platform or Course.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnity and limitations of liability.
Non-Circumvention. During the term of these Terms and for one year thereafter, no user shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any other user introduced by us through the Platform, without our consent.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid, illegal, void or unenforceable, the remainder of the Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms, and (b) electronic records to store information related to these Terms or your use of the Platform or Course. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting on the Platform or (c) by you via email to email@example.com or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Last Revised: March 13, 2021
PERSONAL INFORMATION COLLECTED THROUGH PLATFORM
“Personal information,” also known as personal data or personally identifiable information, is any information related to an identifiable person. When you register for an Account, purchase the Course, or fill out one of our questionnaires, we may collect the following personal information from you: email, first name, last name, nickname, company name, physical address, email address, phone number, your age or the age of your child (if you are a parent signing up on behalf of your child), and any personal information you choose to provide to us voluntarily.
NON-PERSONAL OR AGGREGATE INFORMATION WE MAY COLLECT
We may collect data which is non-personal, anonymous, or pseudonymous, including, but not limited to, time zone you are in, information on how you first heard about us, browser type, website usage history, number of logins, login times, time/date of login, lessons you are interested in, your current level of proficiency, your preference about the location of the lessons, and whether you are a student or a teacher.
YOUR FINANCIAL INFORMATION & PAYMENT PROCESSING
Stripe is our trusted vendor, which processes payments on our behalf. When you purchase our Course, Stripe will collect and store your financial information and process your payment(s) via Stripe’s payment system. Stripe adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of any payment information. Company will only have access to your name, billing address, and last 4 digits of your debit/credit card.
PURPOSES FOR WHICH WE USE INFORMATION ABOUT YOU
We only use information about you to support your experience throughout the Platform or to communicate with you about our Course. In particular, we collect information about you:
We reserve the right to use and disclose non-personal information and anonymous aggregate statistics for any purpose and to any third party at our sole discretion.
We may sell, transfer or otherwise share some or all of our assets, including your personal information, in connection with a merger, acquisition, reorganization, bankruptcy, or sale of assets.
FEEDBACK & REVIEWS
If you submit any feedback (about the Platform or the Course) or (“Feedback”), you hereby assign to the Company all rights in the Feedback and agree that the Company shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
We are committed to protecting children’s personal information and comply with the strictest privacy laws out there. We do not knowingly collect or solicit personal information from anyone under the age of majority. If you are a minor, please do not send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a minor, we will delete that information as quickly as possible. Please contact us if you believe we may have collected information from a minor.
HOW LONG WE KEEP YOUR INFORMATION
The security of your information is very important to us. We apply all reasonable security measures and comply with the industry standards to protect your personal information (including, preventing the loss, misuse, unauthorized access, disclosure, alteration and destruction of your personal information).
Notably, access to the Platform’s database with your personal information is held behind administrative logins and managed, controlled and limited to authorized website administrators and support technicians only. Data transmitted between browser and application servers is encrypted using an HTTPS/SSL certificate. We do not collect or store your passwords (however, we may help you restore your password when needed). We use XSRF against cross-domain attacks. Data is backed up daily. The Platform’s server software is updated regularly to ensure we are running the latest and safest software (where applicable and depending on compatibility). The server’s firewall is configured to prevent unauthorized access, and activity is automatically monitored to detect and ban malicious activity.
Please be aware, however, that despite our efforts, no security measures are impenetrable. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your personal information, we cannot ensure and do not warrant the security of any information you transmit to us.
YOUR RIGHTS UNDER CCPA
The California Consumer Privacy Act (“CCPA”) is a state-wide data privacy law that regulates how businesses all over the world are allowed to handle the personal information of California residents. CCPA provides California residents with five core rights to data privacy and an effective way to control their personal information.
If you are a California resident, you have the following rights with regard to your personal information:
Additionally, a California consumer has the right to request that a business delete any personal information about the consumer which the business has collected from the consumer. However, a business or a service provider shall not be required to comply with a consumer’s request to delete the consumer’s personal information if it is necessary for the business or service provider to maintain the consumer’s personal information in order to:
Conflict resolution under CCPA: Prior to initiating any action against a business for statutory damages on an individual or class-wide basis, a California consumer shall provide a business 30 days’ written notice identifying the specific provisions of this title the consumer alleges have been or are being violated. In the event a cure is possible, if within the thirty (30) days the business actually cures the noticed violation and provides the consumer an express written statement that the violations have been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the business. Contact us should you need to exercise any of your rights under CCPA.
YOUR RIGHTS UNDER GDPR
The European General Data Protection Regulation (“GDPR”) is a regulation in EU law on data protection and privacy for all natural persons accessing the Internet from the European Union and the European Economic Area, whatever their nationality or place of residence is. It also addresses the transfer of personal data outside the EU and EEA areas. Our collection, processing and protecting of personal information of those who access the Platform from a European country, is compliant with GDPR.
If you are accessing and using the Platform from the European Union and the European Economic Area, you have the following rights with regard to your personal information:
We represent and warrant that your personal information is:
Data Retention: Generally, your personal information will be erased when (i) it is no longer needed for its original processing purpose, (ii) you withdraw your consent for us to store by deleting your Account, (iii) there is no preferential justified reason for the processing of your personal information and you object to our processing of your personal information, or (iv) erasure of your personal information is required in order to fulfil a statutory obligation under the EU law or the right of the EU Member States. Therefore, we will make sure your personal information will be erased under all of the above-mentioned circumstances. You may request us to erase your personal information verbally or in writing and we have one (1) month to respond to any such request.
Data Breach Notification: Should there be a personal data breach leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed, we will notify you and appropriate supervisory authority without undue delay and, where feasible, not later than seventy-two (72) hours after having become aware of it.
Lei Geral de Proteção de Dados (“LGPD”) is the Brazilian general data protection law, which applies to businesses that process the personal data of users located in Brazil. LGPD establishes rules on collecting, handling, storing and sharing of personal data managed by organizations.
According to the article 18 of LGPD, individuals have the following nine rights over their data processing:
MARKETING EMAILS, OTHER COMMUNICATIONS & OPT-OUT OPTION
A “cookie” is a small piece of data sent along with pages of a website and stored by the user’s web browser on the user’s computer or mobile device. Cookies were designed to be a reliable mechanism for websites to remember certain information (such as items added in a shopping cart) or to record a user’s browsing activity (including clicking particular buttons, logging in, or recording which pages were visited in the past). Cookies are intended to help you access a website faster and more efficiently, because they can store information to help you enter a website without having to log in. In effect, cookies tell the website that your browser has been to the website before. It does not need to know your exact identity. Cookies can also be used to remember arbitrary pieces of information that the user previously entered into form fields such as names, addresses, passwords, and credit card numbers.
Browsers may accept or reject cookies automatically but allow you to change these settings. The help menu on most browsers will tell you how to change your browser’s settings and how to have the browser notify you when you receive a new cookie, and how to disable cookies all together. You can also disable or delete cookies you have previously accepted if you wish to.
The following are examples of cookies that may be used on our Platform:
Data Protection Officer: Albina Sharaliy