Terms and Conditions of Use

Musician Guidance is a division of YouTrenDay Inc. At Musician Guidance (“Musician Guidance”, “we”, “us”, or “our”), we offer music mentoring to help musicians succeed in the music industry.

 

The following Terms and Conditions of Use (the "Terms"), govern your access to and use of the Musician Guidance website, including any content, functionality and services offered on or through www.musicianguidance.com (the "Site", “Service”) by Musician Guidance.

 

Please read the Terms carefully before you start to use the Site. By using the Site, submitting content or information, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and our Privacy Policy, each of which is incorporated herein by reference. These Terms, as modified or amended from time to time, set forth the legally binding terms and conditions for your use of the Site and the Services including any mobile applications offered or published by Musician Guidance. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

 

ACCEPTANCE OF TERMS

 

When you use any current or future Musician Guidance service or visit or purchase from any business affiliated with Musician Guidance, whether or not as part of the Site or Service, you may also be subject to additional terms or conditions imposed by Musician Guidance, or terms and conditions applicable to a third party service or business. If such terms are inconsistent with the Terms, such terms will prevail.

 

SERVICES

 

Services are provided exclusively by Musicians or Professionals within the music industry (the “Sellers”) that have been approved by Musician Guidance to offer such services based off experience, knowledge or talent which will benefit the user and so users can be assured all services and providers of those services are indeed verified.


Services include video tips, video calls, shoutouts, and music feedback. There is also the option to message Professionals, Musicians and all Site members through forums and direct messaging.

Video Tips

  • Video Tips are pre-recorded (with exceptions of the potential live videos) and usually approximately 1 to 15 minutes in length (but subject to change).

  • These videos are taught and may be recorded directly by industry professionals (Sellers) and so you understand and warrant any imperfection in quality is not a reason for complaint.

  • Videos cannot be downloaded, shared or distributed in any way, shape or form. Doing so could result in the termination of your subscription and/or legal consequences.

 

Video Calls

  • Consists of up to a 15-minute one-on-one chat with the Seller the service is booked with.

  • The Seller at their sole discretion may wish to include other members on the call to further provide tailored guidance to you.

  • These video calls may be setup directly by industry professionals (Sellers) and so you understand and warrant any delay, technical issue or other error is not a reason for complaint.

 

Shout Outs

  • Consists of up to a one minute long personalized video shout out from the Seller the service is booked with.

  • These shout outs may be recorded directly by industry professionals (Sellers) and so you understand and warrant any imperfection in quality is not a reason for complaint.

 

Feedback

  • Consists of up to 400 words of written music feedback directly from the Seller the service is booked with.

  • You understand and warrant that feedback is subjective and so any disagreement in terms of feedback, guidance, industry insight or other information is not a reason for complaint.

Forum

  • Users are free to create their own forums to start discussions or ask questions.

  • You understand posting in forums is a privilege and therefore posting repeat or inappropriate messages may be seen as spam and so at Musician Guidance’s sole discretion, we may limit your ability to post in forums without prior notice.

 

Direct Messaging

  • Users are free to send an unlimited amount of messages to Sellers and other members of the Site.

  • You understand direct messaging is a privilege and therefore sending repeat or inappropriate messages may be seen as spam and so at Musician Guidance’s sole discretion, we may limit your messaging feature without prior notice.

Furthermore, Musician Guidance is not responsible for the content, quality or the level of service provided by the Sellers (even though they have all been screened and approved by a member of our team). We provide no warranty with respect to the services, their delivery, or any communications between Buyers and Sellers.

 

MEMBERS

  • You may not offer direct payments to the Sellers outside of the Musician Guidance platform.

  • Musician Guidance retains the right to use all publicly published delivered works for Musician Guidance marketing and promotional purposes.

  • You may not offer Sellers to pay, or make payment using any method other than through the musicianguidance.com site.

 

 ORDERS

  • Once payment is confirmed, your order will be created and the provided information (filled in at checkout) will be sent to and received by the Seller.

  • Some or all information provided in the booking form or elsewhere to the Seller may not be implemented in the service.  

  • Sellers have exactly seven days from the scheduled booking time to deliver the order to you (apart from some services which happen live at the schedule booking time). If this time frame is not met, you will have the option to "dispute" the order by directly emailing the support team at info@musicianguidance.com with a subject line of "Dispute Order." All Disputes are settled by the Musician Guidance Support Team. 

  • Deliveries will be sent to the email you submit at checkout (there may be a link to the file if it is too large to attach).

  • In order to accept the delivery you will email info@musicianguidance.com within 3 days of receiving the service with a subject line of "Order Accepted."

  • If the delivery is not accepted within three (3) days it is automatically marked complete.

 

SUBSCRIPTIONS

  • In order to login to the Site, a membership is needed which are available in several packages. These packages may change from time to time and may include promotional part-time packages.

  • These membership plans are not auto-renewing.

  • Packages may include a term length to which the subscription cannot be cancelled until the term has ended. If you cancel the subscription while the term has not ended, you will still receive access up until the deadline (which will be available for you to see) and then the subscription will end.

  • All packages vary and so it is important to review the features and access capabilities of all packages before making a decision.

 

DISPUTES AND CANCELLATIONS

 

We hope that disputes do not occur between Buyers and Sellers, but if the Seller is not happy with the order they received, they can “dispute” the order by emailing support within three days of the order being delivered. By disputing the order however, you agree and warrant that Musician Guidance holds the exclusive right to the decision.

 

USER CONDUCT

 

Musician Guidance maintains a community of friendly, like-minded individuals and so all users are encouraged to keep that same standard while participating in services offered on the Site.

  • To protect our users' privacy, some aspects of user identities are kept anonymous. Requesting or providing Email addresses, social media handles, telephone numbers or any other personal contact details to communicate outside of Musician Guidance in order to circumvent or abuse the Musician Guidance messaging system or Musician Guidance platform is not permitted.

  • Any necessary exchange of personal information required to continue a service may be exchanged within the Checkout Page.

  • Musician Guidance does not provide any guarantee of the level of service offered to Buyers but a Musician Guidance representative has directly verified all Sellers.

  • Musician Guidance does not provide protection for users who interact outside of the Musician Guidance Site.

  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account/cancellation of subscription.

  • Names and/or pictures of Musician Guidance mentors, team members or any other person associated with Musician Guidance cannot be mentioned or associated in any content that may tarnish the person and/or company. 

  • Musician Guidance is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account/subscription.

 

VIOLATIONS

 

Users may receive a warning to their account for violations of our Terms and/or our Privacy Policy. A warning will be sent to the user's email address and/or will be displayed for such user on the Site. Warnings do not limit account activity initially but can lead to the loss of non-crucial features, such as the ability to publicly post in forums. If you come across any content that may violate our Terms, you should report it to us immediately. All cases are closely reviewed by our Support team.

 

PROHIBITED USAGE

 

Members will have the ability to share words, links, pictures, videos and other content on various pages on the Site, such as the Forum Page. You agree not to do, or attempt to do, any of the following, subject to applicable law: 

 

Adult Content / Pornography – Musician Guidance does not allow any exchange of adult oriented or pornographic content whatsoever.

Inappropriate Language/Behaviour - Communication on Musician Guidance should be friendly, constructive/informative, and most importantly, professional. Musician Guidance condemns bullying, harassment, and hate speech towards others.

Phishing and Spam -  Protecting the security and privacy of our members is our major priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer is strictly prohibited. The use of any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters" is also prohibited  

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Checkout Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer.

Authentic Profile - You may not create a false identity on Musician Guidance, misrepresent your identity, create a Musician Guidance profile for anyone other than yourself, or use or attempt to use another user’s account or information; your profile information, including your description, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. You also may not frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Musician Guidance;

Intellectual Property Claims – Musician Guidance will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use - You may not use Musician Guidance for any unlawful purposes or to conduct illegal activities including tampering with postings, registration and/or booking information, profiles, submissions or Content of other users. You may also not take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or performance, or send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Service or any recipient; Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Musician Guidance. This includes creating new multiple accounts to harass members through our forum/ direct messaging option.

 

PROPRITARY RESTRICTIONS

The Site, including its general layout, design and content, is exclusively owned by Musician Guidance and protected by copyright and trademark law. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

 

USER GENERATED CONTENT

 

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Musician Guidance by our users (Buyers and Sellers) is User Generated Content. Musician Guidance does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Musician Guidance site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service.

 

OWNERSHIP

 

Ownership and limitations: When purchasing a service on musicianguidance.com, unless clearly stated otherwise in the Seller’s description or elsewhere, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights associated with the delivery, including but not limited to, copyrights for the work delivered from the Seller. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the service and the delivery may not be used if payment is cancelled for any reason.

 

If you intend to use the service delivered by the Seller for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, please see the description of the Seller to see if commercial rights are included. If they are not included or there is no mention of them, commercial rights are not included.

 

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate directly to Musician Guidance, the content users voluntarily create/upload to Musician Guidance, including texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Musician Guidance for no consideration for marketing and/or other purposes.

 

SECURITY

 

If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify Musician Guidance of any unauthorized uses of your data, your account or any other breaches of security.

 

You may not use the account, username, or password of another user at any time or disclose your password to any third party or permit any third party to access your account.

 

We reserve the right to contact you in connection with your compliance or performance of these Terms (including without limitation the licenses and/or rights granted hereunder) or in connection with any “Content” submitted or uploaded to the Service by you, other users or Musician Guidance, which includes any music, audio clips, videos, other audiovisual content, information, data, photographs, graphics, or written comments, or text.


PROVISION OF SERVICES

 

Musician Guidance has no special relationship with or fiduciary duty to you. You hereby acknowledge that Musician Guidance has no control over, and no duty to take any action regarding which users gain access to the Site or Service; what content you access; what effects such content has on you; or how you may interpret or use the content. You release Musician Guidance from all liability resulting from content accessed from the Service, and you hereby acknowledge that Musician Guidance acts merely as a passive conduit and/or host for the uploading, storage and distribution of Content and Music. Accordingly, Musician Guidance does not review the Content or Music created or uploaded by its users and does not undertake or assume any duty to monitor the Service for Content that is inappropriate, infringing or otherwise in breach of these Terms or applicable law.

 

Prices for services in connection with the Service, where applicable, will be listed on the Site or Service and may change from time to time without notice.

 

While we do our best to ensure the accuracy and usefulness of the information provided by the Sellers on the Service, Musician Guidance does not warrant that any specifications, pricing, or other content available on the Service is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any service, Musician Guidance shall have the right to refuse or cancel any orders in its sole discretion. If your credit card is charged prior to cancellation, Musician Guidance will issue a credit to your account in the amount of the charge.

 

CUSTOMER SUPPORT

Musician Guidance values all members, mentors and anyone else associated with the company. Therefore, we will do our best to provide necessary support, (whether that be music support, human resources concerns, or any other support). Furthermore, Musician Guidance is proud to have its members associated with them, with their well-being, being of Musician Guidance's utmost importance. Musicians are often in the public eye, and therefore may receive negative remarks, including, but not limited to hate, and false allegations against them. Any accusations towards anyone associated with Musician Guidance will be listened to, but will not impact any relations Musician Guidance has with its members, mentors or anyone else associated with the company. Accusations are simply that, accusations. Anyone can claim anything and therefore, accusations without factual information will not impact relations with Musician Guidance.

Customer support requests can be made to the following departments.

Human Resource concerns can be sent to info@musicianguidance.com - Include "Musician Guidance Human Resources" in the subject line of the email. This department can also be directly contacted by direct messaging @musicianguidancesupport on Instagram.

Legal questions can be sent to Kleiman Law
Jonathan Kleiman
1235 Bay Street, Suite 700
Toronto, Ontario, M5R 3K4

 

or Jonathan@JKleiman.com

Technical support, music questions or any other support or concerns can be sent to info@musicianguidance.com - Include the nature of the support desired in the subject, such as "Music Advice" or "Technical Support." Users can also direct message @musicianguidance on Instagram for necessary support.

You acknowledge that the provision of customer support is at Musician Guidance’s sole discretion. We may provide you with customer support from time to time, at our sole discretion, and the provision of some level of support is no guarantee of future support.

 

USER INTELLECTUAL PROPERTY RIGHTS

 

No Content may be copied, distributed, reproduced, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with the prior express written consent of Musician Guidance or from the copyright holder identified in such Content’s copyright notice.

 

UPLOADING MUSIC

 

If a user decides to upload their music onto the platform for other members to see, the user uploading Music or other Content to the Service grants Musician Guidance and its authorized sub-licensees and distributors, if any, the worldwide, non-exclusive, royalty-free, perpetual right and license to:

 

  1. Reproduce, distribute, publicly perform (including by means of digital transmission), publicly display, create derivative works of, communicate to the public, synchronize and otherwise exploit (collectively, “Utilize”):

 

  1. The user’s Music and perform the Service on the user’s behalf (e.g., reproduce, transcode, copy and store the Music on computer servers owned and/or operated by or on behalf of Musician Guidance or its authorized sub-licensees and distributors, and publicly perform, transmit, synchronize, stream, distribute and playback the Music) using any technologies, media or means now known or hereafter devised; and

 

  1. Utilize all associated copyrightable works or metadata, including without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text (“Artwork”) in connection with the Service.

 

  1. Allow users of the Service to receive public performances and public displays of the user’s Music and Artwork on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and

 

  1. Reproduce, use and publish the name(s), trademarks, likenesses and personal and biographical materials of the user, in connection with the provision of the Service.

 

To enable Musician Guidance to Utilize your Music pursuant to the above provisions, you hereby grant to Musician Guidance the worldwide, non-exclusive, royalty-free, sub-licensable and transferable right to use, distribute, reproduce, copy and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service or in the marketing, promotion or advertising thereof of any content uploaded to the Site.

 

Each time you submit or upload Music, Song lyrics, Personal Information or Artwork to the Service, you represent and warrant as follows:

 

  1. you are the sole owner of, or otherwise control all right, title and interest to, the Music, Song lyrics, Personal Information and Artwork, to the extent that such Music, Song lyrics or Artwork is not in the public domain or has been directly licensed to you in writing with a sufficient grant of rights to permit you to enter into these Terms and to grant all of the rights set forth herein;

 

  1. you have the full authority to act on behalf of any and all owners of any right, title or interest in and to the Music, Song Lyrics and Artwork;

 

  1. you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Music, Song Lyrics and/or Artwork, and to use such individual’s identifying or personal information as contemplated by these Terms;

 

  1. you are authorized to grant all of the aforementioned rights in (a) - (c) to the Music, Song Lyrics and/or Artwork to Musician Guidance and all users of the Service;

 

  1. the use or other exploitation of your Music, Song Lyrics and/or Artwork on, through or in connection with the Service will not violate the privacy rights, publicity rights, intellectual property rights including without limitation copyrights, contract rights or any other rights of any person or entity;

 

  1. to the extent that you are the songwriter (whether in whole or in part) of any or all of the Musical Works embodied in your Songs or Music Videos, you have the full right and authority to grant the rights set forth herein notwithstanding the provisions of any agreement you may have entered into with any performing rights organization (“PRO”), whether based in Canada or elsewhere, or any music publisher, and that you are solely responsible for taking all necessary steps to inform such PRO or music publisher of your grant of a royalty-free license to Musician Guidance for the public performances and communications to the public of your Musical Works, and that no fees or payments of any kind whatsoever shall be due to any PRO or music publisher for the public performance or communication to the public of your Musical Works. Notwithstanding the foregoing, songwriters and/or publishers of Musical Works which are properly licensed with SOCAN, or a PRO or other collection agency that has entered into a reciprocal agreement with SOCAN, may be entitled to receive public performance royalties based on public performance of the Musical Works on the Service. It is your responsibility to confirm whether such party will collect performance royalties on your behalf in connection with the Service; and

 

  1. Except as otherwise stated herein, no fees of any kind shall be due to any third party, including without limitation any guild, union, featured or non-featured performer, engineer or producer, for the use or re-use of your Music as authorized hereunder. To the extent that any such fees or royalties are due as a result of statute, third party contract or otherwise, you expressly waive payment of such fees.

 

If you have entered into any agreement with a third party PRO, music publisher, union or guild, which prohibits you from granting Musician Guidance the rights set forth herein and making the above representations and warranties, then you are prohibited from uploading your Music to the Service and shall be responsible for indemnifying Musician Guidance against any and all claims arising from the exploitation of your Music on the Service.

 

CONFIDENTIALITY

 

Except as otherwise described in the Privacy Policy, you agree that (a) your Content will be treated as non-confidential, regardless of whether you mark it “confidential,” “proprietary,” or the like; and (b) Musician Guidance does not assume any obligation of any kind to you or any third party with respect to your Content. Upon Musician Guidance’s request, you will furnish us with any documentation necessary to substantiate the rights to such Content and to verify your compliance with these Terms.

 

MINIMUM AGE REQUIREMENT

 

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Musician Guidance services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

 

DEALINGS WITH MERCHANTS; LINKS

 

The Service may contain advertisements, offers, or other links to other websites and resources of third parties that are not controlled by Musician Guidance. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Musician Guidance is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Service does not imply that the linked site is endorsed by Musician Guidance, and you use these links at your own risk.

 

Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Service or which provide links on the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Musician Guidance and agree to hold Musician Guidance harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Service.

 

ELECTRONIC COMMUNICATIONS

 

You agree to electronic communication for all of your transactions and communication with Musician Guidance and/or the Service. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

 

NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS

 

By using the Service, you authorize Musician Guidance to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail. You agree to keep your address current and that notice provided by Musician Guidance to the address that you have most recently provided will constitute effective notice. Musician Guidance’s email address for legal notice is:

Kleiman Law
Jonathan Kleiman
1235 Bay Street, Suite 700
Toronto, Ontario, M5R 3K4

 

or Jonathan@JKleiman.com

 

Musician Guidance respects the intellectual property of others. Any unauthorized use of copyright protected material within Content or Music may constitute an infringement of third party rights and is strictly prohibited. Any such infringement may result in termination of access to the Service and may also result in civil litigation by or on behalf of the relevant rights holder.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Musician Guidance with written notice of the following:

 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. Identification of the works or materials being infringed;

  3. Identification of the material that is claimed to be infringing including information regarding the location (e.g., URL) of the infringing materials that you seek to have removed;

  4. Information sufficient to permit us to contact you, such as an address, telephone number, and/or email; and

  5. If claiming copyright infringement, the statement “I swear under penalty of perjury that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

 

If claiming the statement “I swear under penalty of perjury that I am the trademark owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the intellectual property owner, its agent, or the law.”

 

Please note that you will be liable for damages, including costs and attorneys’ fees if you materially misrepresent that content or an activity is infringing your rights.

 

Upon receipt of such notice, Musician Guidance will (a) remove or disable access to the infringing material; and (b) notify the content provider, member or user that it has removed or disabled access to the material.


If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, then such party must send a counter-notice to Musician Guidance with the following:

 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

  3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

  4. Name, address, telephone number, and/or email address.

 

MODIFICATIONS TO TERMS AND SERVICE

 

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms. Such modifications will be effective immediately upon posting of the modified Terms to the Service. Your continued use of the Service following the posting of changes to these Terms will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site, Service (or any part thereof) without notice.

 

MONITORING OF SITE CONTENT

 

We are under no obligation to restrict or monitor the Service or Content in any way and use of the Service is at your own risk. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Musician Guidance. Musician Guidance neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service or Site by anyone other than authorized Musician Guidance employees acting in their official capacities.

 

TERMINATION OR CANCELLATION

 

You agree that we may, at any time and at our sole and absolute discretion, with or without cause or any notice to you, terminate these Terms, your access to the Service or Site, and/or your account/subscription, or suspend or block your access to the Site or Service. You will still be held liable for any breaches of these Terms and/or obligations incurred before the Terms are terminated. If you use the Site or Service after termination of these Terms, such use will constitute your agreement to the Terms then posted on the Service.

 

The provisions entitled “Notice Re Copyright Ownership " "Indemnification," "Disclaimer of Warranties," “Exclusion Of Damages; Limitation Of Liability,” "Additional Terms" and the Privacy Policy will survive termination of these Terms.

 

INDEMNIFICATION

 

You agree to hold Musician Guidance and its subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Service and the Content therein; (ii) your violation of these Terms (including any representations and warranties), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Service; (iv) Musician Guidance’s resolution (if any) of any dispute you have or claim to have with one or more users of the Service; (v) your improper authorization for Musician Guidance to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Musician Guidance disclose your personal information and other information collected as set forth in our Privacy Policy).

 

Furthermore, you fully understand and agree that: (a) Musician Guidance will have the right but not the obligation to resolve disputes between users relating to the Service and Musician Guidance’s resolution of a particular dispute does not create an obligation to resolve any other dispute; and (b) Musician Guidance’s resolution of a dispute will be final with respect to the Service.

 

DISCLAIMER OF WARRANTIES

 

The Service may contain advice, opinions, information, instructions and statements from Musician Guidance, its users and other content and information providers. You use the Service and Content at your own risk. The Service is provided by Musician Guidance on an "as is" and "as available" basis. To the maximum extent permitted by law, Musician Guidance makes no representations, warranties or conditions of any kind, express or implied, as to the operation of the Service or the information or content included on the Service. Musician Guidance makes no representations or warranties that the Service will be uninterrupted, error-free, virus-free, secure, or timely. To the maximum extent permitted by law, Musician Guidance expressly disclaims all representations, warranties or conditions of any kind, whether express or implied, including but not limited to the implied representations, warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, trade, usage or performance. Some jurisdictions do not allow limitations on implied warranties, and therefore some of the above limitations may not apply to you.

 

EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

 

To the maximum extent permitted by law, you agree that neither Musician Guidance, nor its subsidiaries, affiliates, officers, directors, employees, agents, attorneys and suppliers, nor each of their respective successors and assigns, will be liable to you and/or any other person for direct, indirect, incidental, punitive, exemplary, special or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability. Without limiting the foregoing, in no event will the aggregate liability to you of Musician Guidance and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers and each of their respective successors and assigns exceed, in total, the amounts paid by you to us.

 

ADDITIONAL TERMS

 

a. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

 

b. No Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Musician Guidance. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Musician Guidance will be null and void. Musician Guidance shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without notice.

 

c. Disputes; Choice of Law; Export Limitations. The Service is controlled by us from our offices within Canada, and some aspects and portion of the Service are hosted at third-party servers within Canada, the United States of America. If you choose to access this Service from locations outside Canada, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of Canadian or U.S. import and/or export laws and regulations or the Terms. By visiting the Service, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Service will be resolved by arbitration. Any dispute or claim relating in any way to your use of the Service or to products or services sold or distributed by Musician Guidance or through the Service will be resolved by binding arbitration, rather than in court, except that we and you may assert claims in small claims court if the claims qualify.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

These Terms shall be governed and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Manitoba, Canada.

 

d. Limitations on Actions. Any action concerning any dispute you may have with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

 

e. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.

 

f. Entire Agreement. These Terms comprise the entire agreement between you and Musician Guidance with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth herein.

 

g. No Waiver. The failure of Musician Guidance to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Musician Guidance right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.

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