Frances Clark Center for Keyboard Pedagogy, Inc.
The Frances Clark Center for Keyboard Pedagogy, Inc., a New Jersey non-profit corporation (“we,” “us,” “our,” “Frances Clark Center” or a similar pronoun intended to reference The Frances Clark Center for Keyboard Pedagogy, Inc.) provides services, functions, and tools through our website, www.claviercompanion.com (the “Website”). The terms “you” or “your” refer to the user or viewer of our Website.
Our Website and Services are not targeted towards, nor intended for use by, anyone under the age of thirteen (13). If you are under the age of thirteen (13), you are not permitted to use our Website or Services. If you are under the age of eighteen (18) but at least thirteen (13), you affirm that you have explicit permission from a parent or legal guardian before using the Website or Services, and agree that your parent or legal guardian has read, understands, consents and agrees to be bound by this Agreement. If you do not agree with any of the Terms, you are prohibited from using or accessing the Website or Services. PLEASE READ THESE TERMS AND ALL INFORMATION CONTAINED HEREIN CAREFULLY BEFORE USING THIS WEBSITE OR SERVICES.
1. Your Account.
(a) To use the Services, you will need to register by creating an account. You agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain a User ID. Access to the Website is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Website or use the Services has previously been terminated may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
(b) We rely on User IDs to know whether users utilizing the Services on the Website are authorized. If someone utilizes the Services on our Website using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Website by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
(c) By creating an account you affirm that you are at least eighteen (18) years of age or if you are between the ages of 13 and 18 years old, you represent and affirm that your parent or guardian has provided the necessary permission for you to use the Website and Services and has read and accepts the Terms for themselves and on your behalf. Parents and guardians agree that they will be responsible for all uses of the account by their child whether or not such uses were authorized by them.
(d) Frances Clark Center may suspend, terminate, modify, or delete your account at any time for any reason or for no reason, with or without notice to you, to the fullest extent permitted by applicable law. Except, however, Frances Clark Center may not suspend, terminate, modify or delete your account if you have paid a monthly or annual subscription fee pursuant to Section 2 until the end of your subscription, unless you have violated any term(s) of this Agreement. If you have violated any term(s) of this Agreement, Frances Clark Center may suspend, terminate, modify, or delete your account at any time for any reason or for no reason, with or without notice to you, to the fullest extent permitted by applicable law, even if you have paid a subscription fee pursuant to Section 2.
2. Fees and Payment. By selecting a subscription plan you agree to pay Frances Clark Center the monthly or annual subscription fees for the Services and additional usage fees indicated for that subscription plan. Payments will be charged on the subscription start date and will cover the use of the Services for a monthly or annual period as indicated. Subscription fees are not refundable and are paid in advance of using such Services. Payment for Services will be made by a valid credit card accepted by Frances Clark Center, unless other payment arrangements have been made. Frances Clark Center reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Unless otherwise stated in your subscription agreement, the subscription can be cancelled by you at any time.
3. Our Intellectual Property Rights.
(a) Our Website, its Services, and the information and content contained on our Website, including but not limited to text, photographs, audio, video, graphics, logos, icons, images, articles, reports, journals, forums, blogs, portals, discussion boards and software (collectively “Content”), is the property of Frances Clark Center or, where noted, of a third party content supplier (“Third Party Content”), and is protected by U.S. and international trademark and copyright laws. The design, layout and appearance of the Website and the compilation (meaning the collection, arrangement and assembly) of all Content on the Website is the exclusive property of Frances Clark Center and is protected by U.S. and international trademark and copyright laws. We, and/or third party content suppliers, own the Content and Third Party Content on this Website, and you do not acquire any ownership rights by accessing, downloading or printing any such Content and Third Party Content. All rights are reserved and Content may not be reproduced, downloaded, modified, displayed, distributed, republished or transferred, in any form or by any means, except with the prior written permission of Frances Clark Center or as indicated below.
(c) You may not print, download, republish, reproduce, distribute, disseminate, modify or display any Third Party Content except with the prior written permission of the owner of such content.
4. User Content and Use of the Website.
(a) The Services on the Website may include message boards, blogs, content sharing features and any other means by which you and other users may upload, share, post, publish, display or email (collectively, “Transmit”) content, including but not limited to, video, images, information, data, text, audio, music, sound, photographs, graphics, messages or other materials (“User Content”).
(b) You represent and warrant that any User Content you provide (i) does not and will not violate any third party intellectual property rights and/or any other person's rights, including, without limitation, any privacy rights; and (ii) its use as contemplated herein does not and will not require the payment of any royalty or any consideration to you or any third party. You may not upload or post any User Content that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload any User Content that violates any third party's right of privacy or right of publicity, or that requires the payment of a royalty or other consideration to any person or entity. You are responsible and liable for any User Content you Transmit on the Website or the Services including the transmission, posting, or other provision of text, files, links, audio, photographs, video, sound, music or other information or material. You may only upload your own User Content to the Website. You may not upload anyone else's User Content.
(c) You must not Transmit any User Content that you did not create, do not own or have a valid license to use, including, without limitation, all copyright and rights of publicity contained therein. When you Transmit User Content on the Website, you grant a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use that User Content in connection with the operation of the Website and Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Any questions, comments, suggestions, ideas, feedback or other information about the Website and Services provided by you to us are not provided in confidence or with any expectation of payment therefor, and we shall be entitled to the unrestricted use and dissemination thereof for any purpose, commercial or otherwise, without acknowledgment of, or compensation to, you.
(d) We may preserve User Content (but are not obligated to do so) and we may disclose User Content and your identity if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect our rights, property, or personal safety and that of our users and the public.
(e) Without limitation, listed below are some violations that may result in Frances Clark Center terminating or suspending your access to the Website and Services and/or restricting your ability to access and/or Transmit User Content to the Website. You agree not to do any of the following actions while using the Website and Services:
i. Transmit, reproduce, distribute, display or modify any Content or User Content that (i) in any way infringes any intellectual property or other proprietary rights of any party; (ii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (iii) poses or creates a privacy or security risk to any person; (iv) constitutes unsolicited or unauthorized advertising, promotion, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (v) harms, threatens, abuses, harasses, is tortious or violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or which in our opinion is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose us or our users to any harm or liability of any type;
ii. Decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website or Services, insert any code or product or manipulate the Content of the Website in any way that affects the users’ experience, or any data scraping, data mining, data gathering or extraction method;
iii. Violate any law or regulation having the force of law;
iv. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
v. Solicit personal information from anyone under the age of 18;
vi. Harvest or collect email addresses or other contact information of other users from the Website or Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
vii. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized by us;
viii. Engage in or promote any criminal activity or enterprise, or provide instructional information about illegal activities;
ix. Attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website or Services; or
x. Transmit any form of virus, worm, Trojan horse, or other malicious code.
(f) WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY CONTENT TRANSMITTED BY YOU OR OTHERS OR AT THE DIRECTION OF ANY OTHER USER INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT UPLOADED OR TRANSMITTED THROUGH THE WEBSITE OR SERVICES, ANY LIABILITY INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF CONTENT YOU OR ANOTHER USER HAVE TRANSMITTED, INCLUDING WITHOUT LIMITATION IN RESPECT OF ANY DEFAMATION, HARASSMENT OR FALSE ENDORSEMENT CLAIMS.
5. Termination. We may, but are not obligated to, block, remove, edit, disable, suspend or terminate your user account and/or remove, edit, disable, or block User Content from the Website, for any reason in Frances Clark Center’s sole discretion, including, without limitation, if we believe you have violated or acted inconsistently with these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination may be referred to appropriate law enforcement authorities. We may also discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Website and/or Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website and/or Services. To the maximum extent permitted by applicable law, Frances Clark Center does not assume any responsibility or liability for your User Content or that of other users, or for any failure to monitor, edit or remove User Content. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE AND/OR SERVICES.
6. Trademarks and Linking to Our Website. THE FRANCES CLARK CENTER FOR KEYBOARD PEDAGOGY, the PIANO MAGAZINE, and CLAVIER COMPANION are the trademarks and service marks of Frances Clark Center and may not be used in connection with any third party product or service in a manner that is likely to cause consumer confusion or to disparage or harm the reputation of Frances Clark Center or to diminish the distinctive quality of Frances Clark Center’s marks and their association with Frances Clark Center. All other trademarks displayed on or in connection with the Website and Services that are not owned by Frances Clark Center or its affiliate are the property of their respective owners, including but not limited to the marks of our members and sponsors of our events. Linking to our Website may only be done with our prior written permission, which shall be subject to revocation at any time in our sole discretion. Any approved links to our Website shall be limited to our home page.
7. Links to Other Websites and/or Materials. At or throughout our Website, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications or Content”). These links are provided as a courtesy to our users. We have no control over Third Party Sites and Third Party Applications or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications or Content. Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third Party Sites or Third Party Applications or Content accessed through or posted on our Website, including the content, accuracy, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave our Website and access the Third Party Sites or use or install any Third Party Applications or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
8. Copyright Complaints and Copyright Agent.
(a) Termination of Access for Repeat Infringers. We respect the intellectual property rights of others and request that our users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website and its Services (including but not limited to the forums and discussion boards available to members and viewers) who are infringers. We may terminate access for participants or users who are found to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on or through this Website or its Services (such as, but not limited to forums and discussion boards) infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated copyright agent:
i. The date of your notification;
ii. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
iii. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site;
iv. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
v. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
vi. A statement that you have 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
vii. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your user content that has been removed from the Website or Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
i. Your physical or electronic signature;
ii. A description of the content that has been removed and the location at which the content appeared before it was removed;
iii. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
iv. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts in New Jersey and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that we may reinstate the removed material in 10 business days. Unless our copyright agent receives notice from the complaining party of the complaining party filing or intending to file an action seeking a court order against us or the alleged infringer to restrain from engaging in infringing activity relating to the material at issue, we may replace the material in not less than 10, nor more than 14 business days from receipt of the counter-notice.
9. Disclaimer of Warranties and Limitation of Liability.
a. We endeavor to provide excellent and accurate information and services and to keep the Website operable and available. However, we shall have no liability for the Website and Services being unavailable to you or inoperable for any reason. Your use of this Website, Services and any materials or information available thereon, is entirely at your sole risk and we shall have no liability relating thereto. Neither we nor any third parties make any representation, warranty or guaranty as to the accuracy, completeness, suitability, reliability or timeliness of the content, materials and information available on or through this Website and the Services. You are solely responsible for ensuring that any information, materials, products or services available on or through this Website and the Services meet your requirements and specific purpose.
b. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES REFERENCED IN OR PROVIDED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR FREEDOM FROM ERRORS, VIRUSES, BUGS, INTERRUPTION OR OTHER TECHNICAL PROBLEMS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, TRANSMITTING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL ON OR IN CONNECTION WITH THE WEBSITE AND SERVICES.
c. EXCEPT AS EXPRESSLY PROVIDED HEREIN, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, MEMBERS, OFFICERS OR EMPLOYEES, OR OUR LICENSORS OR PARTNERS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE AND SERVICES (INCLUDING BUT NOT LIMITED TO THE FORUMS AND DISCUSSION BOARDS), OR ANY MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE AND SERVICES, ANY DELAYS ON THE WEBSITE AND SERVICES, OR THE INABILITY TO USE THE WEBSITE AND SERVICES OR ANY PORTION THEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(a) What Information Does Frances Clark Center Collect? Frances Clark Center respects the privacy of its members and other visitors to its Website. Frances Clark Center does not share your personal information with or sell your personal information to any outside parties; your information is only used for Frances Clark Center business and notifications. The information we gather from you is primarily used to process your subscription to the magazine and to communicate with you about important account information, exclusive promotions, and the latest developments at the Piano Magazine and the other divisions of the Frances Clark Center, which include the National Conference on Keyboard Pedagogy, the New School for Music Study, and the Frances Clark Center’s Online Store. Personal data may be collected when you send us e-mail, sign up for our e-mail newsletter, create an account, or subscribe to our magazine. How we use this information is outlined below.
i. Information Collected From General Users. Frances Clark Center does not collect any personal information from users browsing this Website. Only aggregate data, such as the number of hits per page, are collected. Aggregate data are used for internal and marketing purposes and do not provide any personally identifying information.
ii. Information Collected From Frances Clark Center’s Members, Event Registrants, and Other Customers.
1. In order to access certain materials, resources, features and tools on the Website, members and visitors are asked to register for an account. To register for an account, a user must provide their name, e-mail address, postal address, birthday and phone number. If you are a print subscriber, you will be required to enter your e-mail address and a code from your mailing label of your print edition to access the digital edition. If you are a digital-only subscriber, you will be prompted to select and save a username and password when purchasing your digital subscription.
2. Credit card information is collected from a person when joining a subscription membership or renewing a subscription membership, registering for an event, or purchasing other goods or services. This information is submitted voluntarily. Similar information may be submitted to Frances Clark Center through membership applications, event registrations, and publication orders. Frances Clark Center does not store credit card account information provided by its members and customers. When members and customers choose to pay using their credit cards, the information is processed through Publication Fulfillment Services Inc. All sensitive data, such as credit card information, is transmitted via SSL encryption.
3. When you enter an optional contest, or respond to a survey or special offer, Frances Clark Center may collect additional personal information such as your opinion about our magazine, Website, Services, products and social media webpages.
4. Additionally, for some emails sent in HTML format by Frances Clark Center to its members and other customers, Frances Clark Center may collect specific information regarding what the recipient does with that email, such as monitoring whether a recipient subsequently clicks through to links provided in the message. Other information collected through this tracking feature includes the email address of a user, the date and time of the user’s “click”, a message number, name of the list from which the message was sent, tracking URL number, and destination page. Frances Clark Center will only use this information to enhance its services and distribution of those services to its members and other customers. This information will not be distributed in any other manner without user consent.
5. When you submit a question to us regarding your subscription or regarding technical support, or a general question, we collect your e-mail address to respond and may collect additional information to help us answer your questions.
(c) How does France Clark Center Use Data Collected? Generally, Frances Clark Center uses information voluntarily submitted by users in the following ways:
i. Frances Clark Center Member Services and Products. Frances Clark Center and its affiliates use data collected to (1) improve the Website, Services, discussion boards, forums, online presence and customer service; (2) respond to user’s interests, needs and preferences; (3) develop new products and services; (4) conduct surveys; (5) inform you of our events, publications, resources, products and services; and (6) communicate with you regarding our events, publications, products, services and other matters of interest to our members and visitors.
ii. Disclosures to Third Parties. Frances Clark Center does not sell user information to anyone. Member and user personal information is not shared with third parties except as provided in Section 10(d) below and to third parties who are acting as agents of our organization. For example, a third party may act as our agent, in the capacity of event registration manager, for Frances Clark Center sponsored events. Therefore if a user registers for an event, they may be directed to an event specific website. A third party acting on behalf of Frances Clark Center may collect event registration information for the purpose of managing the event on behalf of Frances Clark Center.
(d) Ownership of Account Information. We own the account information you supply to us. We take your privacy seriously and will not sell, rent, lease or share your account information with any non-affiliated third parties, except as described in these Terms. Your information will be used by us and our affiliates for the purposes described in these Terms. Account information provided, including personally identifiable information, may be shared with affiliated business partners and companies. Your information may also be shared with other companies outside us and our affiliates: (i) as permitted by law, (ii) in the event of a transfer of ownership, assets or a bankruptcy of our company, (iii) where we determine that disclosure of specific information is necessary to investigate security breaches or to comply with the request of a law enforcement or regulatory agency or other legal process, or (iv) to protect our interests or safety or that of our users or visitors to the Website.
(a) Modification. We reserve the right to revise or modify any portion of these Terms at any time and to change the content and features of the Website, Services and the terms and conditions under which we offer access to and use of the Website and Services. In the event we make a change to these Terms, it will be posted here. You are encouraged to periodically review these Terms because your continued use of the Website following any changes thereto will be deemed to constitute your acceptance of such changes.
(b) Successors/Assigns. These Terms, including, without limitation, the limitations of liability, will be binding on you and all third parties, including, but not limited to, your successors, heirs, executors, permitted assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your use of the Website or Services.
(c) Governing Law. These Terms are governed by and construed in accordance with the laws of New Jersey, without regard to its choice of law provisions.
(d) Arbitration. You consent and agree that any controversy, dispute or claim arising out of or relating to these Terms or to the use of the Website or Services shall be resolved by arbitration in New Jersey before one arbitrator under the auspices of Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its then outstanding streamlined commercial rules. A ruling of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay fifty percent (50%) of the fees and costs of JAMS and the arbitrator. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(e) Severability. If any provision of these Terms shall be deemed invalid or unenforceable, the remaining portions shall not be affected thereby.
(f) Waiver. Any failure on our part to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.
(g) Assignment and Transfer. We may assign or delegate these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment and delegation by you is void.