Terms and Conditions
Last Revised: January 20, 2016
Welcome to MyTractice. We are passionate about creating an innovative product and service to empower Musicians everywhere, and we are thrilled to have you on our team. These Terms and Conditions of Use are the rules of the game – designed to create a positive, law-abiding community of our Musicians. By using our service, you are agreeing to all the terms below.
MyTractice offers a service, all other current and future digital products and or service offerings we make available, including any products and services provided in collaboration with a partner/s (collectively, the “Services”). We are driven to create services that enhance the lives and performance of all musicians everywhere, and that’s why we refer to online and offline community members as “musicians.”
These Terms and Conditions of Use (“Terms”) govern your access to and use of our Service. Please read the Terms carefully before using our Service, as they are a legally binding contract between you and MyTractice. Note that we have included several summaries at the top of each section – these summaries are not a part of the contract itself, but are intended to emphasize key sections and help you follow the text.
Please feel free to contact us through our Support Team (firstname.lastname@example.org) if you have any questions or suggestions.
(a) Who can use the MyTractice Service
MyTractice supports and encourages musicians of all ages. You must be at least eighteen (18) years of age to use MyTractice, and at least eighteen (18) years of age to use the subscription services (unless otherwise specified in separate policies applicable to certain specific jurisdictions). If you are between the ages of 5-18, you may use the Service only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Service, provide any Personal Data to MyTractice, or otherwise submit Personal Data through the Service (e.g., a name, address, telephone number, or email address).
(b) Your Account
You may need to create a MyTractice account to access our Service, and it’s important that the information associated with your account is accurate and up-to-date (particularly your email address – if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in).
You will need to register for a MyTractice account in order to access or use our Service. Your account may automatically provide you access and means to use a new Service that we create.
When you create an account for our Service, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Service may not operate correctly, and we may not be able to contact you with important notices.
If you create an account, you are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and you must notify our Support Team right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
If you forget your password and have an existing MyTractice account, click on the “Sign Up” or “Log In” link at the top of the page. You will be taken to the Sign In page, where you can select “Forgot Password” to create a new password.
(c) Service Updates, Changes and Limitations
Our Service is constantly evolving to be more useful for our musicians and community. With new product services and features launching all the time, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain offerings. We may also update our Service.
The Service changes frequently, and its form and functionality may change without prior notice to you. We may also impose limits on our Service or restrict your access to part or all of the Service without notice or liability.
We may also from time to time, as we see fit, develop and provide updates for our Service. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). These Updates may include updated versions of our application, which may automatically electronically upgrade the versions used on your device. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.
(d) Service Monitoring and Suspension
We reserve the right to refuse service to anyone, and can monitor, terminate or suspend our Service or your account at any time.
We may change, suspend, or discontinue any or all of the Service at any time, including the availability of any product, feature, database, or Content. We may also deactivate, terminate or suspend your account at any time.
Please let us know right away if you believe your account has been hacked or compromised.
We care about the security of our musicians. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify our Support Team immediately of any actual or suspected breach or unauthorized access or use of your account.
(f) Consent to Receive Communications
We or other musicians in the community may contact you in connection with your use of our Service. We have outlined how you can manage some of these settings here.
After signing up for an account, you may receive periodic email communications regarding the operations of our Service. You cannot opt out of receiving these communications while you continue to use our Service.
You may also receive periodic promotions and other offers or materials that we believe might be of interest to you. You can opt out of receiving these promotional messages at any time by following the unsubscribe instructions contained in the message footer, or changing the email preferences in your account.
By finding and connecting with your friends and other musicians in our community, you may receive electronic communications, including messages from them (depending on your preferences, you may receive notification of these messages via email, in the website/application, and/or as a push notification). You can manage the messages you receive from other musicians in our Service by changing the preferences in your account.
(a) Your Privacy
(b) Spreading the Word
We hope you enjoy using our Service and encourage you to share your enthusiasm for it with your friends. If you elect to use the features in our Service to tell a friend about the Service, we will ask you to provide your friend’s email address or social media profile, which we may then use to contact your friend about the Service. We may store the information you provide for a period of time, but we will not post this information publicly. You represent that you are authorized to provide any third-party contact information that you provide to us for referrals.
Content is the stuff that shows up on your display when you use our Service. User-Generated Content is any Content that is created by you or other musicians, and MyTractice Content is all other Content.
For purposes of these Terms, (i) the term “Content” means any creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, text, ideas, communications, replies, “likes,” comments, information, data, software, scripts, executable files, graphics, maps, routes, geo-data, practice and practice data, practice goal, interactive features, designs, copyrights, trademarks, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through our Service; (ii) the term “User-Generated Content” means any Content that a musician (that includes you!) submits, transfers, or otherwise provides to or through the use of our Service. Content includes, without limitation, all User-Generated Content; and (iii) the term “MyTractice Content” means all Content that is not User-Generated Content.
You own the Content that you create, and we own the Content that we create. Please don’t post other people’s work without permission.
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Service and MyTractice Content belong to MyTractice and/or its partners or applicable third parties. Each musician retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that they create, and MyTractice and/or its partners or third parties retain ownership, responsibility for and/or other applicable rights in all MyTractice Content. Except as expressly provided in the Terms, nothing in the Terms grants you a right or license to use any MyTractice Content, including any content owned or controlled by any of our partners or other third parties. You agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant MyTractice a license (described further in part (d) below) for all User-Generated Content you submit in connection with the Service.
(c) Our License to You
You are welcome to access and use our content, product and service. We work hard to provide a great experience for our musicians, so please respect our intellectual property rights and only use our Service the way they’re intended to be used. This includes not using our Service for commercial purposes without our permission, or doing bad things to us or other musicians.
You acknowledge and agree that the Service, any necessary software used in connection with the Service (if any), and the MyTractice Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. We grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Service and MyTractice Content, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the MyTractice Content or Service to anyone else. This license is subject to the Terms, including our Community Guidelines and the following:
(d) Your License to Us
When you post content in connection with our Service, it still belongs to you – however, you’re giving us permission to use that content in certain ways in connection with our Service and make the content available to others. We can edit or remove your content from our products and services at any time for any reason.
When you provide User-Generated Content to MyTractice through our Service, you grant MyTractice and our musicians a non-exclusive, irrevocable, royalty-free, freely transferable, sub-licensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all our Service. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) MyTractice has no obligation to provide you with any credit when using your User-Generated Content, but if MyTractice chooses to provide you with credit, the size and placement of the credit is at our sole discretion; (c) you waive any “moral rights” in your User-Generated Content; and (d) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.
We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content that we believe violates these Terms, the Community Guidelines, and/or our policies.
(e) Content Retention
Please keep in mind that when you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it in the future.
(f) User-Generated Content and Eligibility to Participate in Certain Music Organizations.
Things that happen online may have consequences in the real world.
Certain music organizations have rules on amateurism and eligibility that could potentially be implicated if you post User-Generated Content within our Service, even User-Generated Content that you believe is non-commercial in nature. It is your responsibility to determine whether posting User-Generated Content within our Service will affect your eligibility to participate in any music event under any applicable rules of any music organization.
(g) Your Feedback
We appreciate your feedback and can freely use your suggestions to make MyTractice and musicians around the world better. Thank you and keep the ideas coming!
We value hearing from our musicians, and are always interested in learning about ways we can make MyTractice awesome. If you choose to submit comments, ideas or feedback, you should submit the idea through our feedback button on the Today page and you agree that we are free to use the ideas you submit without any restriction or compensation to you. By accepting your submission, MyTractice does not waive any rights to use similar or related feedback previously known to MyTractice, developed by our employees, or obtained from sources other than you. You certify and represent that the information or feedback you submit to us through our Service is not confidential or proprietary information.
We love your support and imitation is flattering, but please respect our trademarks and brands.
MyTractice owns or licenses the MyTractice trademark, service mark, branding, logo, and other similar assets (the “MyTractice Trademarks”). Do not copy, imitate, modify, display or otherwise use the MyTractice Trademark (in whole or in part) for purposes other than personal use or in connection with any web or mobile product or service that is not authorized by MyTractice, without our prior written approval.
(i) Accuracy and Reliance on Content
Don’t believe everything you read on the Internet. If you are concerned about the accuracy of information available through the Service, undertake your own research and investigation.
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through our Service, and we make no commitment to update such Content.
In addition, User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition and exercise database entries, are not produced by MyTractice, and should not necessarily be relied on. User-Generated Content available in connection with our Service, whether publicly posted or privately transmitted, is the sole responsibility of the musician from whom such User-Generated Content originated. We do not endorse any opinions or recommendations contained in User-Generated Content. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.
(a) Interactive Areas
Our Service often contain community features. When you post content through these features that content may become public.
MyTractice is a community dedicated to helping all musicians reach their practice goals. Some of our Service may include reviews, discussion forums, conversation pages, blogs or other interactive areas or social features that allow you and other musicians to post User-Generated Content and interact with one another (“Interactive Areas”). You are solely responsible for your use of the Interactive Areas and for any User-Generated Content that you post, including the transmission, accuracy and completeness of the User-Generated Content. As the Interactive Areas are often public, you understand that your User-Generated Content may be made and remain public.
We may, but do not always, monitor our community features, and ultimately you are responsible for your interactions with other musicians or music teachers. So please use good judgment and play fair.
You are solely responsible for your interactions with other musicians, whether online or in person, including but not limited to comments, challenges, and friendly competition. We assume no responsibility or liability for any loss or damage resulting from any interaction with other musicians who employ our Service, individuals you meet through the Services, or individuals who find you because of Content posted on, by or through the Services. You agree to take reasonable precautions in all interactions with any musician or individuals you interact with in connection with our Service. You are solely responsible for your involvement with any musician/s or individuals you interact with in connection with our Service. MyTractice is under no obligation to become involved in any disputes between its musicians, but may do so at its own discretion.
(b) Community Guidelines
Our Services are designed as a safe and supportive environment to help you achieve your practice or teaching goals. Musicians cannot use our services to post pornographic material, harass people, send spam, violate intellectual property rights, or do other inappropriate stuff. Be reasonable and act responsibly.
Our Services are intended to be a safe and supportive community for all musicians or music teachers. To help everyone feel safe and to maintain that positive environment, we require everyone to agree to, and follow, these rules (the “Community Guidelines”) when posting User-Generated Content and using our Service. By using our Service you agree that your User-Generated Content and use of the Interactive Areas will not violate the Community Guidelines. If you violate the Community Guidelines, we reserve the right to terminate your access to our Service.
If we determine that you are violating the Community Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use our Service, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Guidelines in our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.
(c) Objectionable User-Generated Content
It’s a big bad Internet out there, and people post inappropriate stuff on user-generated content sites all the time. We do our best to keep the community safe and secure (musicians and music teachers respecting the Community Guidelines helps), but you still might run into bad stuff before we have a chance to take it down. If you spot any objectionable Content, please let us know.
While we require all of our musicians and music teachers to comply with the Community Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee they will comply with the Community Guidelines or these Terms. If you believe any Content submitted to our Service violates the Community Guidelines, or if you know or suspect that someone is misusing your User-Generated Content, please report it to the Customer Support Team. By consenting to the Terms, you understand and acknowledge that when you access or otherwise use our Service:
We cannot be held responsible for any injury or harm to you resulting from objectionable User-Generated Content or another musician or teachers failure to comply with our Community Guidelines.
We respect copyright laws. If anything is wrong, please send an email with all the details to email@example.com.
If you believe that User-Generated Content or MyTractice Content infringes copyright under U.S. or other national law, please notify our Copyright Agent immediately using the contact information provided herein. It is our policy to investigate any allegations of copyright infringement brought to our attention. Please provide us with the following information in your notice of a suspected copyright violation:
Your notice must be signed (physically or electronically) and must be addressed as follows:
c/o Omamo LLP.
6255 TownCenter Drive Suite #820
Clemmons, NC 27012
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. The information provided in a notice of copyright infringement may be forwarded to the musician who posted the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please see www.copyright.gov or www.chillingeffects.org/copyright for more information about how to prepare or respond to a DMCA notice.
Our Service may link to, interact with or be available on third-party services or products such as social media providers and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies may apply to your usage of such services.
(a) Third-Party Services and Logins
(b) Third-Party Applications
You may be able to access certain third-party links, applications or content (“Third-Party Applications”) via accounts related to our Services. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, and your access and use of such applications is entirely at your own risk. If you opt to use Third-Party Applications via your account with us, they may gain access to certain information that you have provided to us, including Personal Data, and they will use, store, and disclose such information in accordance with their individual privacy policies and terms and conditions. We have no liability or responsibility for the privacy and information security practices or other actions of any Third-Party Applications that you choose to access through your accounts with us. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.
(c) Third-Party Content
Our Service may contain links to third-party websites, content, advertisers, services, promotions, special offers, or other events or activities (“Third-Party Content”) that are not owned or controlled by us. We do not endorse or assume any responsibility for Third-Party Content. If you access or pay for Third-Party Content, you do so at your own risk and you agree that we have no associated liability.
(d) Third Party Products
Our Services may be accessed on third-party devices or other products (“Third Party Products”), and your ability to use certain features of our Service may require you to purchase Third-Party Products (e.g., microphone). While we may recommend, promote, or market the products of certain partners, we have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with our Service or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.
(e) Third-Party Services, Activities, and Events
Our Service may include the ability to discover, access or participate in certain services, activities, or events (“Third-Party Activities”). Third-Party Activities are offered and provided by Third Parties, not MyTractice. Your attendance at and participation in Third-Party Activities is solely at your own risk. MyTractice will not be liable for any act, error or omission of any Third Party, including, without limitation, any which arises out of or is any way connected with a musician’s practise, use of or participation in any Third-Party Activities initially discovered, booked or registered for via our Service, or the performance or non-performance of any Third Party in connection with our Service. MyTractice is not an agent of any provider of Third-Party Activities.
(b) Text and Mobile Messaging Express Consents
By Signing up or using our applications, you expressly agree that we may communicate with you regarding transactions you have initiated on our Service or respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us.
(c) Mobile Application License
We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sub licensable, revocable license to use our application upon signing up through a legitimate web browser, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
If you choose to subscribe to any of our paid subscription plans, these are the payment and billing terms that apply. Paid services and billing will auto-renew unless you cancel. You may cancel at any time.
(a) Payment Terms
We offer a number of Subscription plans/Options. By signing up for and using any of the payment plans, you agree to our Terms, and any additional terms and conditions that are provided here. You also agree to waive your 14-day right of withdrawal to the extent permitted by applicable law, so that you are able to immediately access all of our services.
When you sign up for one of our Payment Plans, you must designate and provide information about your preferred payment method. This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect from your Payment Method the appropriate fees charged for the subscription plan and for any other purchases you elect to make via our Service.
You can choose to pay for our service on a monthly, 6 monthly or yearly basis. All fees due for the service are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly, 6monthly or annual service period, as applicable. Unless otherwise stated, our service will auto-renew until you elect to cancel your access to it. All purchases of our service is final and non-refundable, except at our sole discretion and in accordance with the rules governing each service.
The following restrictions apply should you which to change your subscription Plan before it’s auto renewal due date:
MyTractice reserves the right to supplement the list of acceptable forms of payment for our Subscription plans. We may require credit cards and debit cards to be issued by an institution in the jurisdiction in which you are located, and those forms of payment must be linked to a billing address in the same jurisdiction. Please ensure that the billing address on file with the credit or debit card-issuing bank is the same billing address you enter when subscribing to our service. We do not accept personal checks, money orders or cash payments online.
Sales Tax and similar taxes, such as value added tax (“VAT”), are calculated using local and national rates depending on where you are located. Where VAT is applicable, you will be charged at the local rate and it will be included in the service price
(c) Termination or Cancellation of Our Service
If you do not pay the fees or charges due for your use of our service, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to our services (and may do so without notice).
You can cancel the service at any time. More information on how to cancel can be found here. Once you have cancelled your service and received confirmation, no other changes can be made to your account. The cancellation of your service will go into effect at the end of your current billing cycle, and you will have the same level of access to the service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the service through the end of that month.
There are no refunds for termination or cancellation of your service. If you no longer wish to subscribe to our Service, it is your responsibility to cancel your Service in due time, regardless of whether or not you actively use the Service.
(d) Fee Changes
To the extent permitted by applicable laws, we may change our prices for our Service at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through our Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Service prior to the change going into effect.
(e) Free Trials
We sometimes offer free trials of our Service or other promotional offers (each a “Free Trial”). A Free Trial provides you access to the service for a period of time, with details specified when you sign up for the offer.
Unless you chose one of our payment plans during or before the end of your free trail period several of the features will become disabled. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing our Service. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying Service musician or music teacher after the Free Trial period.
If you decide that you do not want to become a paying Service musician, you must cancel your subscription before the end of the Free Trial period. You may lose access to our Service as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if you did not use the Service for the entire duration of the offer.
It’s important to us that musicians and music teachers stay healthy while teaching and practicing. Please be responsible and use your best judgment and common sense. We provide our Service for your efficiency only, and can’t be held liable if you get injured or something goes wrong.
(a) Safety First
MyTractice cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Service in connection with any learning strategy or methodology. By using our Service, you agree, represent and warrant that you have received consent from your physician to participate to do so. Everyone’s condition and abilities are different, and using our service to support your learning is at your own risk. If you choose to use it, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with using it.
You expressly agree that your musical activities, which may generate the User-Generated Content you post or seek to post on or via our Service (e.g., practicing, performing) and certain Third-Party Activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated
Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your activities or your use of, or inability to use, our Service or features of our Service, including any Content or activities that you access or learn about through our Services
Your use of our Service does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between MyTractice and you.
As MyTractice grows and improves, we might have to make changes to these Terms or include additional terms that are specific to certain products and or features.
(a) Updates to these Terms
MyTractice reserves the right to modify these Terms by (i) posting revised Terms on and/or through our Service, and/or (ii) providing notice to you of material changes to the Terms, generally via email where practicable, and otherwise through our Service (such as through a notification on the home page of MyTractice. Modifications will not apply retroactively unless required by law.
We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use our Service. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your use of the Services following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, our Service.
We are building the best Service we can for you but we can’t promise they will be perfect. We’re not liable for various things that could go wrong as a result of your use of the Services.
To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall MyTractice, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use our Service; (d) damages relating to any conduct or content of any third party or musician using our Service, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not MyTractice has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. The total liability of MyTractice, for any claim under these Terms, including for any implied warranties, is limited to the greater of fifty dollars (US $50.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.
In particular, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via our Service), (b) the use, disclosure, display, or maintenance of a musicians Personal Data and/or Location Data, (c) any other interactions with us or any other musicians using our Service, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on our Service or received through any links provided with our Service.
You acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms. You also acknowledge and agree that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
If you are a resident of the UK: For the purposes of English law, nothing in these Terms limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
If we are sued because of your access or use of our Service, you have to pay our costs.
You agree to indemnify and hold MyTractice, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through our Service; (b) your use of our Service, (c) your music practicing activities in connection with our Service (including, but not limited to, musical activities in connection with any contests, performances, group activities, Third-Party Activities or other events that we may sponsor, organize, participate in, or where the Services are employed), (d) your connection to our Service, (e) your violation of these Terms, (f) your use or misuse of any musicians Personal Data and Location Data, (g) any violation of the rights of any other person or entity by you, or (h) your employment of our Service to meet another musician in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina and controlling U.S. federal law as applicable, without regard to its conflict of law principles.
If we have a problem, let’s practice good sportsmanship.
You and we agree to submit to the personal and exclusive arbitration of any disputes relating to your use of our service under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
Any arbitration between you and us, to the extent necessary, will be conducted in Baltimore, Maryland, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.
The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your use of the Services:
If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the exclusive jurisdiction of the state and federal courts located in Baltimore, Maryland, and you and we hereby submit to the personal jurisdiction and venue of these courts.
This agreement to arbitrate will not preclude you or MyTractice from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or MyTractice from applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.
In the event of any litigation or arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us, and that you will follow all the laws that apply to you.
We provide our Services for a global community of musicians. Our servers and operations are, however, located primarily in the United States, and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to athletes located outside of the United States: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or make use of the Services; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject MyTractice or its affiliates to any registration requirement within such jurisdiction or country.
Even if you stop using the Services, certain Terms listed here will still apply.
If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 3 (Ownership and Use of Content), Section 10 (Physical Activities), 12 (No Warranties), 13 (Limitations of Liability) and 14 (Indemnification).
These miscellaneous provisions are part of just about every online terms agreement. Basically, they ensure that this agreement between us is enforceable.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.
Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.
If you have any feedback, questions or comments about our Service, please contact our Support Team by email (firstname.lastname@example.org) or by mail at: MyTractice, 6255 TownCenter Drive, Suite #820, Clemmons, NC 27012 (USA), and include the subject as “Attn: Legal – Terms and Conditions of Use”. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.
Thanks for reading all of this and welcome to MyTractice!