TERMS & CONDITIONS
Last updated [September 30, 2022]
Agreement to Terms
Little Mozart Music Program (“LMMP”) owns and operates this Website. The objective of LMMP is to enhance lives through education. We make it possible for anybody, wherever to access and study this educational content (students). We believe that our program concept is the greatest method to provide our users with relevant instructional content.
This document governs your relationship with https://www.littlemozartmusicprogram.org (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by LMMP. LMMP has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
By consenting to these Terms, if you reside in the United States you agree to resolve disputes with LMMP through binding arbitration (with very limited exceptions, not in court) and waive certain rights to participate in class actions, as outlined in the section titled “Dispute Resolution.”
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You are prohibited from engaging in the following activities while accessing or utilizing the LMMP platform and Services:
- You are not permitted to access, tamper with, or utilize non-public portions of the platform (including content storage), LMMP’s computer systems, or the technical delivery systems of LMMP’s service providers.
- Disable, interfere with, or attempt to bypass any security-related elements of the platforms, or probe, scan, or test the vulnerability of any of our systems.
- You may not duplicate, change, create a derivative work from, reverse engineer, reverse assemble, or otherwise seek to uncover the source code of any material or platform on the LMMP platform or Services.
- Access or search or attempt to access or search our platform by any methods (automated or otherwise) other than through our website, mobile apps, or API’s currently available search functions (and only pursuant to those API terms and conditions).
- You may not scrape, spider, use a robot, or access the Services through any other automated methods.
- Use the Services in any manner to send altered, fraudulent, or false source-identifying information (such as sending email communications that falsely appear to be from LMMP); or
- interfere with, or attempt to interfere with, (or attempt to interfere with), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
Breaching these provisions would constitute a criminal offense and LMMP will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
LMMP’s Rights
We own the LMMP platform and Services, including the website, existing and future apps and services, including our logos, API, code, and employee-created material. These cannot be altered or utilized without consent.
All rights, titles, and interests in and to the LMMP platform and Services, including our website, our current or future applications, our APIs, databases, and the content our instructors, employees, or partners submit or provide through our Services (but excluding student-provided content) are and shall remain the exclusive property of LMMP and its licensors. The United States’ copyright, trademark, and other laws protect our platforms and services. Nothing grants you permission to use the LMMP name, trademarks, logos, domain names, or other distinctive brand elements. Your thoughts, comments, or recommendations regarding LMMP or the Services are totally voluntary, and we reserve the right to use them as we see fit and without obligation to you.
Accounts
To create an account on LMMP and use the Services, students and instructors must be at least 18 years old. If you are younger than 18, you cannot create an account; a parent or guardian must assist you to create an account and access age-appropriate content. If we discover that you have created an account in violation of these terms, your account will be terminated.
For the majority of actions on our site, including purchasing and accessing content, a user account is required. You must provide and continue to provide correct and complete information, including a valid email address, when creating and maintaining your account.
You are entirely responsible for your account and everything that occurs on it, including any harm or damage (to us or anyone else) caused by an unauthorized third party using your account. This indicates that you must be cautious with your password. Keep your password in a secure location, because you are responsible for any account activity. If you suspect that another person is using your account, please contact our Support Team.
You are not permitted to transfer your account to another user or use another user’s account. LMMP will not step in to mediate disputes between instructors or students who are using the same login information. If you contact us to request access to an account, we will not provide you access unless you can provide the information, we require to verify that you are the account’s owner. In the event of a user’s death, that user’s account will be closed.
By following these instructions, you can terminate your account whenever you want. To find out what happens when you terminate your account, please see our Privacy Policy.
Content Enrollment and Lifetime Access
When you enroll in a course or other content, we grant you a license to see it exclusively through the LMMP Services. Never attempt to transfer or resell content.
LMMP grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees through the Services solely for your personal, non-commercial, educational purposes, in accordance with these Terms and any conditions or restrictions associated with the specific content or feature of our Services. All other uses are strictly forbidden. You may not reproduce, disseminate, transmit, assign, sell, broadcast, rent, share, lend, alter, adapt, edit, create derivative works from, sublicense, or otherwise transfer or use any content unless we grant you express authorization in a signed, written agreement.
Payments
The prices of content on LMMP are decided by your subscription plan, and all prices are in US dollars. You promise to utilize a valid payment method when you make a purchase. If you do not intend to continue, you will not be charged in your next billing cycle; however, you will not receive a refund for the period remaining before your next bill.
You agree to pay the subscription costs for the content to which you subscribe, and you authorize us to charge your debit or credit card or process other payment methods (such as PayPal) to cover such expenses. LMMP collaborates with payment service providers to provide you with the most convenient payment methods available in your country and to safeguard your payment information. We may modify your payment options based on data provided by our payment service providers.
You promise not to use an invalid or unapproved payment method when you sign up for a membership. If your payment method fails but you still gain access to the content you are enrolling in, you agree to pay us the applicable fees within thirty (30) days after being notified by us. We have the right to prohibit access to any content for which payment has not been received.
Subscription Plan
Access to a Subscription Plan is determined by the scope, features, and cost of the subscription that you purchase or renew. You are not permitted to transfer, assign, or share your subscription.
We have the right to revoke any Subscription Plans at any time and at our sole discretion for legal or policy reasons. In the “Content Enrollment and Lifetime Access” section, we provide additional information on our right to revoke.
Account Management
You may cancel your subscription. If you cancel your Subscription Plan, you will lose access to it on the last day of your subscription cycle. You are not entitled to a refund or credit of any fees already paid for your subscription upon termination, unless required by applicable legislation.
Upgrade your plan. In the event that you decide to upgrade your plan, we will apply the balance of your prior payment and add the difference.
Free Trials and Recharges
Your subscription could begin with a free trial period. Upon registration, the duration of your subscription’s free trial period will be specified. LMMP selects eligibility for a free trial at its own discretion and may limit trial eligibility or duration. If we believe that you are ineligible, we retain the right to terminate your free trial and suspend your subscription.
Transactions and Billing
The subscription charge will be displayed during the purchase process. You can visit our My Account page for more information on where to discover the applicable costs and dates for your membership. As indicated in the section titled “Payments,” we may also be obligated to add taxes to your subscription cost. Unless otherwise required by applicable legislation, payments are non-refundable, and there are no refunds or credits for partially used periods.
To subscribe to a Plan, a payment method is required. By subscribing to a Plan and giving your billing information at checkout, you authorize us and our payment processing partners to charge your payment method on file for the then-applicable fees. At the conclusion of each subscription period, we will automatically renew your subscription for the same duration and charge your chosen payment method.
You permit us to continue charging your updated payment method in the event that we update your payment method using information given by our payment service providers (as detailed in the “Payments” section above).
We may suspend or terminate your subscription if we are unable to execute payment through the payment method on file for you, or if you dispute charges made to your payment method and are given a chargeback.
We reserve the right, at our sole discretion, to modify our Subscription Plans and Service price. Any pricing modifications or changes to your subscription will become effective following notification to you, unless prohibited by law.
Subscription Disclaimers
We do not guarantee the availability of any particular material in any Subscription Plan, nor do we promise a minimum quantity of content in any Subscription Plan. We reserve the right, at any time in the future, to offer or cease offering additional features for any Subscription Plan, or to otherwise alter or terminate a Subscription Plan at our sole discretion.
Content and Behavior Rules
LMMP may only be used for legal purposes. You are responsible for all content posted to our platform. You must adhere to our Trust & Safety Guidelines and the law while uploading reviews, questions, posts, courses, and other content, and you must respect the intellectual property rights of others. We can terminate your account for repeated or severe violations. Notify us if you believe someone is violating your intellectual property rights on our platform.
You are not permitted to access or utilize the Services or create an account for illegal reasons. Your use of the Services and conduct on our platform must adhere to all applicable local, state, and federal laws and regulations in your jurisdiction. You are solely responsible for your understanding of and compliance with all applicable laws and regulations.
The Services permit you, as a student, to pose questions to the instructors of courses or other content you are enrolled in and to publish reviews of content. The instructor may ask you to submit certain content as “homework” or assessments for certain topics. Do not publish or submit content that is not your own.
Our instructors can publish content on the site and engage with students enrolled in courses or other content. In both instances, you must follow by the law and respect the rights of others: you may not publish any course, question, response, review, or other content that violates local or national laws or regulations in your country. You are completely responsible for the content and acts you post on the platform and through the Services, as well as their repercussions.
The LMMP conforms to copyright rules. Consult our Intellectual Property Policy for further information. LMMP may enforce these Terms and our Trust & Safety Guidelines at its discretion.
Termination
We have the right to restrict or terminate your access to our platform and Services at any time, with or without notice, and for any or no reason including for any breach of these Terms and Conditions, if you fail to pay your fees when they are due, for fraudulent chargeback requests, upon police enforcement or government agency request, for unanticipated technical challenges or difficulties, if we have reason to believe that you participate in fraudulent or unlawful activity, or in any other circumstance at our sole discretion.
In the event of such a termination, we reserve the right to erase your account and content, as well as deny you access to our platforms and Services. You agree that we have no liability to you or any third party in the event that we terminate your account, remove your material, or block your access to our platforms and services.
Utilizing LMMP at Your Own Risk
We facilitate interaction between instructors and students for educational purposes. As with other platforms where users can upload content and engage, LMMP is not risk-free; you use it at your own peril.
When interacting directly with a teacher, you must exercise caution with the personal information you reveal. Although we limit the types of information instructors may request from students, we have no control over what students and instructors do with the information they get from other platform users. For your protection, you should not share your email address or other sensitive information.
Disclaimer of Liability
The Services and their respective content are provided “as is” and “as available.” We (and our affiliates, suppliers, partners, and agents) make no representations or warranties regarding the suitability, reliability, availability, timeliness, security, absence of errors, or accuracy of the Services or their content, and disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) offer no guarantee that using the Services will produce particular outcomes. You utilize the Services (including any material) at your own risk. Some jurisdictions prohibit the exclusion of implied warranties, therefore you may not be subject to all of the foregoing limitations.
We have the right to discontinue certain aspects of the Services at any time and for any cause. Under no circumstances will LMMP or its affiliates, suppliers, partners, or agents be liable for any damages resulting from such disruptions or lack of availability of these functionalities.
We are not liable for delays or failures in our execution of any of the Services resulting from events beyond our reasonable control, such as an act of war, hostility, or sabotage; natural disaster; electrical, internet, or communications outage; or government limitations.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with LMMP and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to LMMP.
Indemnity
You agree to indemnify, defend and hold harmless LMMP, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
LMMP shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law/Jurisdiction
When these Terms refer to “LMMP,” they are referring to the LMMP entity with which you are entering into a contract. Your contracting entity and applicable law will normally be established by your location if you are a student.
If you are a student based outside of the United States, you are entering into a contract with Charleston International Music School “CIMS,” and these Terms are governed by the laws of the State of South Carolina, USA, without regard to its principles of choice or conflicts of law.
Dispute Resolution
If there is a dispute, our Support Team will gladly assist in resolving the matter. If that does not work and you reside in the United States, your only alternatives are small claims court or binding arbitration; you may not make this claim in any other court or as part of a non-individual class action against us.
This section on Dispute Resolution only applies if you reside in the United States. Please contact our Support Team prior to filing a formal lawsuit, as the majority of disputes are amicable.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and LMMP. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of LMMP.
CONTACT US
If you have questions or comments about this Privacy Policy, please contact us at:
Charleston International Music School
1985 Riviera Dr Suite 103-156
Mt Pleasant, SC 29464
info@littlemozartmusicprogram.org