Website Terms and Conditions
This Terms and Conditions agreement (Agreement) governs the terms by which the user obtains the right to use all media content obtained and downloaded from the Ross School of Classical Guitar website (The Site) located at http://schoolofclassicalguitar.com and obtained from The Ross School of Classical Guitar (The School). Media content refers to the articles, video, midi and mp4 files, graphics, worksheets, and any other content accessed on this Site.
By downloading any file from The Site you represent that you have read, understand, and agree to be bound by this agreement. The term “YOU” refers to the individual or legal entity, as applicable, identified as the user when downloading or using all media content from The Site. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR USE ANY MEDIA CONTENT OBTAINED FROM THIS SITE.
1. License:
This is a license for use. The Ross School of Classical Guitar continues to own all media content files. Subject to your acceptance of the terms of this Agreement, The School hereby grants to you a limited, non-exclusive, revocable, non-transferable, worldwide right to use the media content (graphics, videos, worksheets, photos, etc.) as follows:
-You may only use the media content for personal use or for in a classroom setting.
-You may not sell or give away the media content itself outside of classroom use.
-You may make multiple copies, save, and download the media content on this Site for personal and classroom use.
-You may not use the media content in an instance where it is capable of being downloaded, extracted, or accessed by a third party as a stand-alone file.
-You may link to the media content only if you give credit to The School, provide a direct link the The Site, and list copyright to the media as ‘Copyright Ross School of Classical Guitar’
-You may not otherwise use the media content.
2. Limitations:
The media content, nor any derivative works, may not be used, in part or in whole, as a trademark, nor may you claim any proprietary rights of any sort pertaining to the media content or any part thereof. You may not make available some or all of the media content on a web page or other display as a separate or downloadable reusable file, or disassemble, reverse engineer, translate, or otherwise decode the media content for any reason whatsoever.
3. Copyright:
The Ross School of Classical Guitar, its licencors and contributors retain all right, title, and interest in and to the media content not expressly granted by the License Grant above. Such rights are protected by the United States and International Copyright laws and international treaty provisions. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.
4. No Warranty:
The Ross School of Classical Guitar makes no representation or warranty with respect to any media content or the use of names, trademarks, logos, registered or copyrighted designs, or works of art. All media content from The School and The Site are provided ‘as is’. The Site and The School makes no representation or warranty either expressed or implied including but not limited to any implied warranties of merchantability, fitness for any particular use, quality of image, non-infringement, or compatibility with any computer hardware or other equipment, operating system or software program. Neither The School nor any of its directors, officers, employees, subsidiaries, affiliates, contractors, or agents shall be liable for any damages, whether direct, incidental, or consequential, or other damages arising out of the use of, or the inability to use the media content. You acknowledge that the Ross School of Classical Guitar has no obligation to review, monitor or screen media content, although The School reserves the right, in its sole discretion, to do so. The School and The Site does not approve, endorse or make any representations or warranties with respect toe the media content. The School does not warrant the accuracy of any categorization, keyword, caption or title of any media content or the metadata that may be provided therewith. ANY MEDIA CONTENT FILE DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH The Site IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS The Site OR THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING OR DOWNLOADING SUCH CONTENT.
5. Indemnity and Release:
You will indemnify and hold the Ross School of Classical Guitar, and its subsidiaries, affiliates, officers, directors, agents, partners and employees (collectively, the “Ross School of Classical Guitar Parties”), harmless from any claim or demand, including reasonable attorney’s fees, arising out of your use of the media content. You hereby release the Ross School of Classical Guitar Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to or arises from any media content files or use thereof. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not now or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
6. Limitation of Liability:
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ANY ROSS SCHOOL OF CLASSICAL GUITAR PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES, WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM THE MEDIA CONTENT FILES, WHETHER OR NOT THE ROSS SCHOOL OF CLASSICAL GUITAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE WITH THE SCHOOL BE LIABLE TO YOU IN THE AGGREGATE FOR MARE THAN THE AMOUNT RECEIVED BY THE SCHOOL AS A RESULT OF YOUR USE OF THE MEDIA FILES YOU PURCHASED. IF YOU HAVE NOT PAID THE SCHOOL ANY AMOUNTS IN THE PURCHASE OF THE MEDIA CONTENT, THE ROSS SCHOOL OF CLASSICAL GUITAR’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ZERO DOLLARS AND ZERO CENTS ($0.00). CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE ROSS SCHOOL OF CLASSICAL GUITAR AND YOU.
7. Termination:
This Agreement will commence on the date when you first download any media content file and will remain in effect as long as you maintain any media content file in your possession. The license contained in this Agreement will terminate automatically without notice from the Ross School of Classical Guitar if you fail to comply with any provision of the Agreement or the Terms of Use. If you want to terminate this Agreement, you may do so at any time by destroying all media content files in your possession. Your indemnity and payment obligations and The School’s rights in conjunction with those obligations shall survive any termination or expiration of this Agreement, as well as The School’s limitation on liability. The provisions of this paragraph are in addition to any other remedies and rights the Ross School of Classical Guitar may have as a result of any breach of the Agreement. Neither party will be entitled to damages as a result of termination of this Agreement as provided herein. Upon termination, you must immediately (i) cease using the media content files for any purpose; (ii) destroy or delete all copies and archives of the media content files and accompanying materials; and (iii) if requested, confirm to the Ross School of Classical Guitar, in writing, that you have complied with these requirements. Upon notice from the Ross School of Classical Guitar, or upon your knowledge that any media content is subject to a threatened, potential or actual claim of infringement of another’s right for which the Ross School of Classical Guitar may be liable, you must immediately and at your own expense (i) stop using the media content files; (ii) delete or remove the media content files from your premises, computer systems and storage (electronic or physical); and (iii) ensure that your clients, printers or ISPs do likewise.
8. Illegal Use:
By using the media content, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the media content for any purpose prohibited by U.L. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons, child trafficking, or pornography. You acknowledge and agree that products, services or technology provided by the Ross School of Classical Guitar are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. Government authorization, export, re-export, or transfer the Ross School of Classical Guitar products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.
9. General Provisions:
This Agreement constitutes the entire agreement between you and the Ross School of Classical Guitar regarding the of the media content files on this Site. Ross School of Classical Guitar’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Your relationship to The School is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Ross School of Classical Guitar’s prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void. The terms of the Agreement shall be binding upon assignees. If any provision of this Agreement is found illegal or unenforceable, the legality and enforceability of the other provisions of the Agreement will not be affected. Your use of the media content must be incompliance with all applicable law, including but not limited to, laws and regulations relating to export, currency, and the law of moral rights. This license will expressly not be governed by the United Nations Convention on Contracts for the International Sale of Goods. No failure of either party to exercise or enforce any of its rights hereunder will serve as a waiver of such rights. This Agreement shall be governed in all respects by the laws of the State of Washington, excluding its’ body of law relating to conflicts of law, and excluding the issue of copyright, including its validity, interpretation, performance, breach, or other matter. Any and all disputes, controversies, demands, counts, claims, or causes of action arising under this Agreement, with the above exceptions, shall be settled by arbitration pursuant to the rules of the American Arbitration Association. Judgment upon any arbitration award may be entered in the highest court having jurisdiction as provided herein. The Ross School of Classical Guitar reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in the State of Washington. In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse the Ross School of Classical Guitar for its reasonable legal fees, costs, and disbursements if The School is successful in the suit. The Ross School of Classical Guitar reserves the right to seek an injunction to prevent breach of your obligation to The School’s intellectual property rights.
11. Arbitration:
Arbitration shall be subject to the Federal Arbitration Act and not state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving similar disputes. The matter may be arbitrated either by JAMS or the American Arbitration Association (“AAA”), as mutually agreed upon by the parties or selected by the party filing the claim. As modified by this Agreement, unless agreed upon by the parties in writing, the conduct of the arbitration shall be subject to the then current rules of JAMS or AAA (whichever is arbitrating the dispute), for commercial arbitration and, if the arbitrator deems it appropriate, consumer disputes. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. You and the Ross School of Classical Guitar must abide by the following rules: (a) at your election, any in-person arbitration hearing will take place in the federal judicial district of the Ross School of Classical Guitar; (b) if your claim is for $10,000 or less, instead of an in-person hearing, you may choose whether the arbitration will be conducted solely on the basis of documents or through a telephonic hearing; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR THE ROSS SCHOOL OF CLASSICAL GUITAR MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, PRIVATE ATTORNEY GENERAL OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF; (g) the Ross School of Classical Guitar will pay the arbitration costs as required by the rules of JAMS or AAA (depending upon which is arbitrating the dispute), (h) the arbitrator may award any damages or other relief or remedies (including attorneys’ fees and costs) that are permitted by applicable law; and (i) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at-issue permit the prevailing party to be paid its fees’ and litigation costs, and in such instance any fees’ and costs awarded by the arbitrator shall be determined by applicable law, statute, regulation, or case law. Notwithstanding the foregoing, either you or the Ross school of Classical Guitar may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in the State of Washington. With the exception of subparts (d) - (f) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subparts (d) - (f) are found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the Ross School of Classical Guitar shall be entitled to arbitration. In the event this agreement to arbitrate is held unenforceable, or in the event both AAA and JAMS refuse to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between the Ross School of Classical Guitar and you shall be exclusively brought in the state or federal courts located in the State of Washington.
12. Scope:
All purchases and downloads of media content obtained through The Site on or after the below date are subject to this License. All purchases and downloads of the media content through The Site before the below date, remain subject to any previous License associated with that purchase. Dated proof of purchase is required to prove association with a previous License.
01 May 2019
Ross School of Classical Guitar and Acoustic Guitar Boutique
Battle Ground, Washington (360) 597-2597
info@schoolofclassicalguitar.com
Serving the area of Battle Ground, Camas, Brush Prairie, Vancouver, Clark County Washington, and Portland Oregon. Please call or email to schedule a visit!
