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Monthly Membership - 39.00 USD per 1 month - Ongoing.
Monthly Membership subscription
Quarterly Membership - 89.00 USD per 3 months - Ongoing.
Quarterly Membership subscription
Yearly Membership - 297.00 USD per 1 year - Ongoing.
Yearly Membership subscription
 

markwalkerlessons.com provides the platform to facilitate distance learning between music professionals and teachers, on the one hand, and music students, on the other hand in subscription-funded online institutes. This service and network are provided by Mark Walker Lessons and its affiliated entities or individuals. By accessing and using the markwalkerlessons.com website, other Company web sites and web sites of music professionals or teachers who utilize markwalkerlessons.com and/or the mobile versions thereof (collectively, the “Site” or “Service”) you agree to be and are bound by the Company’s Terms of Use (“Terms of Use” or “Agreement”) as described herein; provided that in certain instances these Terms of Use may be modified by specific written agreement signed by both you and the Company. The Company’s Privacy Policy, Copyright Policy, and any other policies that may be posted on the Site from time to time, are incorporated by reference into these Terms of Use and are applicable to your use of the Service. By using this Site and/or Service, you understand and agree to be bound by the Terms of Use whether or not you are a registered member of Company, the Service or Site. The Company may modify these Terms of Use from time to time without notice, and such modification shall be effective upon posting on the Site. You agree to be bound by any modifications to these Terms of Use when you access the Site or use the Service, after any such modification is posted to the Site. It is important that you review the Terms of Use regularly.

Personal Information

  • Non-Account Activity. You can access the Site in part without having an account. You can also contact us about the Site and/or Service without having an account. All such “Users” are subject to this Terms of Use Agreement.

  • Account-Related Activity. Certain activities on the Site require you to have an account including participation in subscription-funded music institutes. We ask for some personal information when you create an account, including without limitation your email address and a password, which is used to protect your account from unauthorized access, age and credit card information. An account allows you to access the Service and Site that require payment and registration.

  • Usage Information. We may record information about your usage, including without limitation such as when you use the Site and/or Service, the classes you subscribe to, the contacts you communicate with, the videos you watch and the frequency and size of data transfers, as well as information you display or click on the Site.

  • Content Uploaded to Site. Any personal information, video content or other content that you voluntarily disclose online (on discussion boards, IM communications, in messages and chat areas) become publicly available and can be collected and used by others.

User Eligibility

The Site is intended for users who are thirteen (13) years of age or older. Any registration, use or access to the Site by anyone under the age of thirteen (13) is prohibited by these Terms of Use unless verified consent and permission is provided in writing by the parent or guardian. By using the Site you represent and warrant that you are thirteen (13) years of age or older, unless verified consent and permission is provided in writing by the parent or guardian.

User Registration

If you choose to register for an account, you agree to provide accurate, complete information about yourself as requested during the registration process (“Registration Process”). You will provide all content and other materials for posting on the Site in accordance with the Company’s policies in effect from time to time including, without limitation, the manner of transmission to the Company. You will also be fully responsible for all use of your account and for any actions that take place on the Site using your account.

Term, Membership Renewal and Fees
This Agreement, including all revisions, shall remain in full force and effect while, and each and every time, you use the Service and/or Site. Markwalkerlessons.com may terminate this Agreement at anytime with or without cause. You may terminate this Agreement at anytime by simply going to your paypal account and following the termination instructions under Subscriptions. While you use the Site, then these Terms of Use shall remain applicable.Membership to this site is based on a 1, 3, or 12 month automatically renewing cycle.The current fees are $29 per month for the Monthly Membership, and $69 per quarter for Quarterly membership, and $228 for Annual Membership. Your pay pal account will be charged on the 1st day of each recurring membership cycle unless you cancel your subscription by going to your PayPal account and selecting “My Profile” then “My Money” then “My Preapproved Payments”.You must maintain an active paypal payment profile to have access to the site. If you cancel your paypal profile at any time, your Markwalkerlessons.com profile will be terminated and you will no longer have access to your account, regardless of where this point falls in your billing cycle.”Trial” and “Special” offers fall under the same membership rules as the aforementioned standard membership levels, and their pricing is clearly advertised on the sales page as and when they’re offered, and the paypal checkout page. If your payment skips for any reason – out of date credit card or insufficient funds for instance – your account will automatically be made inactive. Paypal will then try your account 5 days later to draw the funds, and if this skips the account will remain inactive. Paypal will try one last time 5 days after that, and if the funds are still unavailable your account will be cancelled automatically.

Advertising

You acknowledge that the Company reserves the right to advertise on any portion of the Service and/or Site at its sole discretion. These advertisements may be targeted in a variety of ways including without limitation being based upon the content of information stored on the Service, provided by you, queries made through the Service by you, or other information provided by you, information provided by third parties and/or in similar fashions. The manner, mode and extent of advertising by the Company through the Service or on the Site will be subject to change without specific notice to you. In consideration for the Company granting you access to and use of the Service, you agree that the Company may place such advertising through the Service or on the Site.

Right to Reject and Retain Content

The Company reserves the right to reject, cancel and/or remove the posting and display of any content or other materials (including URL links) for any reason or no reason whatsoever and at any time, including without limitation any violation of these Terms of Use or applicable law. The Company shall have the right to terminate your User Registration without notice to you if any content or other material is repeatedly rejected, cancelled, and/or removed by the Company. By the same token, once any content is posted by you or your account on the Site, the Company has a license to use and retains the right to continue using or posting such content at its sole discretion even after you terminate this Agreement.

Your Conduct While on Site

You understand that you will use the Service and Site for your personal, non-commercial use only; unless otherwise agreed to in writing with the Company. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service or on the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other person or proprietary rights, or contain libelous, defamatory, blasphemous or unlawful material. You agree to use the Service and Site only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) any of the Service or Site by any means other than through the interface that is provided by the Company, unless you have been specifically allowed to do so in a separate agreement with the Company. You specifically agree not to access (or attempt to access) any of the Service or Site through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Service or Site. You agree that you will not engage in any activity that interferes with or disrupts the Service or Site (or the servers and networks which are connected to the Service or Site). Unless you have been specifically permitted to do so in a separate agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service or any and all content on the Site for any purpose. You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and/or for any use of the Service or Site and for the consequences (including any loss or damage which Company may suffer) of any such breach.

Prohibited Content and Activities

While using the Service and/or Site you represent and agree that you will not:

  1. Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

  2. Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.

  3. Use automated scripts to collect information from or otherwise interact with the Service or Site.

  4. Engage in any commercial activity unless expressly approved in writing by the Company.

  5. Engage in unauthorized framing of or linking to the Site.

  6. Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

  7. Register for a User account on behalf of an individual other then yourself without the consent of that individual, or register for a User account on behalf of any group or entity without the consent of the group or entity.

  8. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.

  9. Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” and/or any other form of solicitation.

  10. Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and/or credit card numbers.

  11. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.

  12. Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

  13. Intimidate or harass another user.

  14. Upload, post, transmit, share or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

  15. Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or Site.

  16. Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the company or its users to any harm or liability of any type.

  17. Upload, post, transmit, share, store or otherwise make available content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the rightful owner to do so.

Engaging in any of the above will result in the immediate termination of your User Account and access to the Service and Site without prior notice and at the Company’s sole discretion.

The Company reserves the right to restrict the number of emails which a user may send to other users in any twenty-four (24) hour period to a number that Company deems appropriate in its sole discretion. If you send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site, you acknowledge that you will have caused substantial harm to the Company that will be difficult, if not impossible, to ascertain monetary harm. As liquidated damages for such harm, you agree to pay the Company twenty-five dollars ($25.00) for each such unsolicited email or other unsolicited communication you sent through the Site. Such liquidated damages shall be in addition to any and all other rights, remedies and damages to which the Company may be entitled to under this Agreement, at law or in equity.

While Company assumes no responsibility for monitoring the Site, it will, when it deems it appropriate, investigate activity or cooperate with governmental authority in investigating any activity in connection with the Site or Service that Company believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by Company, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. Company reserves the right to restrict your activity on, and/or block your access to, the Site and/or Service at any time for any reason without notice to you.

Your Content Posted to the Site

You are solely responsible for the content, profiles (including your name and image), messages, notes, text, information, music, video, advertisements, listings and any and all other content that you upload, publish or display (hereinafter, “post”), and the consequences of such posting, transmission or sharing, on or through the Service or the Site, or transmit to or share with others users (collectively the “User Content”). You may not post, transmit or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, applicable law, or which might be offensive, obscene, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. Company will terminate your access to the Site and/or Service if you are determined to be a repeat offender in its sole discretion.

You represent and warrant that you have all rights in and to your User Content (whether through ownership or licenses, consents, and permissions from the owner) required for you to lawfully submit your User Content to the Site and grant the rights to your User Content provided in the Agreement. You further represent and warrant that your User Content posted to the Site has all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your User Content in the manner contemplated by the Site and/or Service and this Agreement and the posting and transmission of your User Content does not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contact rights or any other rights of any person or entity.

User Generated Content – Content License

By Submitting User Content to the Site or Service you hereby grant to the Company a non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute User Content, and all patents, copyrights, trademarks and other proprietary rights therein, in connection with the Service and the Site and the business of the Company, including without limitation for promoting, transmitting and distributing the Site, the Service, or any part or derivative thereof, in and through any media and channels. By submitting User Content to the Site you further hereby grant to the Company a non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivate works of, transmit, publish and distribute through any media and channels. You also hereby grant to each user of the Site a non-exclusive, royalty-free, worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivate works of, transmit, publish and distribute User Content for their personal, non-commercial use as permitted through the Service and Site. You are solely responsible for User Content and the consequences of User content being posted on the Site and/or distributed through the Service and Site, and the Company’s right to use the User Content under this license shall not lapse even if this Agreement and/or your association is terminated with the Service and/or Site. Company reserves the right to continue to display previously submitted User content that Company deems appropriate in its sole discretion. You agree that you are solely responsible to pay all royalties, fees, taxes and any monies owing to any entity or person by reason of posting your Content on the Service and/or Site, and agree to indemnify and hold harmless the Company from any liability related to such.

Website Administration and Security

The Company will make commercially reasonable efforts to provide a safe and secure environment for its Users. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service or Site. Accordingly, you agree that you will be solely responsible to the Company for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify the Company immediately.

Proprietary Rights

You acknowledge and agree that Company (or Company’s affiliates and/or licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information which is designated confidential by Company and that you shall not disclose such information without Company’s prior written consent. Unless you have agreed otherwise in writing with Company, nothing in the Terms of Use gives you a right to use any of Company’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with Company, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms of Use and Company’s brand feature use guidelines as updated from time to time. Other than as otherwise set forth herein, Company acknowledges and agrees that it obtains no right, title or interest from you under these Terms of Use in or to any User Content that you submit, post, transmit or display on, or through, the Service or Site, including any intellectual property rights which subsist in that User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Company, you agree that you are responsible for protecting and enforcing those rights and that Company has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Service or Site. Unless you have been expressly authorized to do so in writing by Company, you agree that in using the Service and/or Site, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos, or implies any affiliation or association with the Service or Site other than your subscription.

License from Company

Company gives you a personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use any application and/or software provided to you by Company as part of the Service as provided to you by Company (referred to as the “Software”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service or Site as provided by Company, in the manner permitted by the Terms of Use. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Company, in writing.

You may be required to download software or content in order to participate in the Service or Site.

Trademarks

Markwalkerlessons.com and any and all other Company graphics, logos, designs, page headers, button icons, scripts, names, trademarks and service marks are registered trademarks, service marks, names, trade secrets or trade dress of the Company in the U.S. and/or other countries and/or licensed by Company (collectively, the “Marks”). Company’s Marks may not be used in any manner whatsoever by you, including, but not limited to, as part of trademarks, and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF THE SITE AND/OR SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR YOUR REGISTRATION WITH THE SITE AND YOUR USE OF THE SERVICE DURING THE TERM OF YOUR USE OR $100. NO CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICE, CONTENT OR USER CONTENT MAY BE BROUGHT BY YOU AGAINST THE COMPANY MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUED. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, DESTRUCTION OR LOSS OF INFORMATION, MATERIALS OR CONTENT STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, POSTED, PUBLISHED OR OTHERWISE MADE AVAILABLE FOR DISTRIBUTION VIA THE SITE AND/OR SERVICE. YOU SHOULD ENSURE THAT YOU MAINTAIN A COMPLETE AND CURRENT COPY AND ALL INFORMATION, CONTENT OR MATERIALS POSTED THEREON AT A LOCATION REMOTE FROM THE SITE.COMPANY EXPRESSLY DOES NOT GUARANTEE THE AVAILABILITY OF ANY CONTENT, INFORMATION, INSTRUCTION OR MATERIALS STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, OR POSTED OR PUBLISHED ON THE SITE.

The Site and Service are controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Site and Service are appropriate or available for use in other locations. Those who access or use the Site and/or Service from other jurisdictions do so at their own volition according to these Terms of Use and are responsible for compliance with local law.

Representations, Warranties and Indemnification

YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE ALL RIGHTS IN AND TO YOUR USER CONTENT (WHETHER THROUGH OWNERSHIP OR LICENSES, CONSENTS, AND PERMISSIONS FROM THE OWNER) REQUIRED FOR (I) YOU TO LAWFULLY SUBMIT YOUR USER CONTENT TO THE SITE AND/OR SERVICE AND GRANT THE RIGHTS TO YOUR USER CONTENT PROVIDED IN THIS AGREEMENT, AND (II) YOUR USER CONTENT TO BE POSTED AND TRANSMITTED TO AND THROUGH THE SITE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT; (B) YOU HAVE ALL REQUIRED LICENSES, CONSENTS, RELEASES AND/OR PERMISSIONS TO USE THE NAME AND/OR LIKENESS OF EACH IDENTIFIABLE INDIVIDUAL PERSON IN YOUR USER CONTENT IN THE MANNER CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT, AND (C) THE POSTING AND TRANSMISSION OF YOUR USER CONTENT ON AND THROUGH THE SITE OR SERVICE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE OR SERVICE, THE SERVICE AND THIS AGREEMENT DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, PATENTS, TRADEMARKS, CONTRACT RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON OR ENTITY.

YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS AND AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND LOSSES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING FROM OR RELATED TO (A) YOUR USE OF THE SITE AND/OR SERVICE (B) ANY AND ALL OF YOUR USER CONTENT; (C) ANY THIRD PARTY CONTENT, MATERIALS OR INFORMATION THAT IS STORED, HOSTED, UPLOADED, STREAMED, DISTRIBUTED, TRANSMITTED, PROVISIONED ON, THROUGH OR TO THE SERVICE OR THE SITE; (D) ANY AND ALL CONTENT, MATERIALS OR INFORMATION ACCESSIBLE THROUGH ANY LINK; AND (E) A BREACH OF THESE TERMS OF USE BY YOU, INCLUDING WITHOUT LIMITATION BREACHES OF YOUR REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND COVENANTS HEREUNDER. THE CLAIMS, DAMAGES, LIABILITIES AND/OR LOSSES COVERED BY THIS INDEMNITY PROVISION INCLUDE, WITHOUT LIMITATION, ANY CLAIM OF TRADEMARK OR COPYRIGHT INFRINGEMENT, ANY VIOLATION OF ANY PROPRIETARY RIGHT, DEFAMATION, BREACH OF CONFIDENTIALITY, PRIVACY VIOLATION, HARASSMENT, OR FALSE OR DECEPTIVE ADVERTISING OR SALES PRACTICES.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SITE AND/OR SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE, SITE, SOCIAL NETWORKING PAGES, STORAGE AND BANDWIDTH ARE PROVIDED BY THE COMPANY ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR COMPLETELY SECURE. YOU EXPRESSLY ACKNOWLEDGE THAT THE SITE AND THE SERVICE ARE HOSTED BY A THIRD PARTY OVER WHICH THE COMPANY HAS NO CONTROL. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE, AND DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S AND/OR SERVICE’S CONTENT OR THE CONTENT OF ANY SITE AND/OR SERVICE LINKED TO THIS SITE AND/OR SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

Force Majeure

Neither party shall be liable for, or considered in breach of these Terms of Use on account of, any delay or failure to perform as a result of any causes or conditions which are beyond such party’s reasonable control including without limitation, fire, acts of God, riots and insurrections, strikes, boycotts or lockouts, embargoes, judicial action, lack of or inability to obtain resources, power or communication failures and acts of civil or military authorities.

Disputes Between Users

The resolution of disputes that may arise between users is the sole responsibility of the users and Company has no liability or obligation with respect to any such disputes.

Miscellaneous

  1. You agree to the exclusive personal jurisdiction and venue of the federal and state courts in New York, NY to adjudicate all claims, controversies and disputes that may arise between You and the Company or its affiliates related to and/or arising from these Terms of Use, the Site and/or the Service; provided that either You or the Company may demand that such disputes be subject to binding arbitration held in the state of New York before one arbitrator in accordance with the expedited arbitration rules of the American Arbitration Association, subject to Company’s right to seek injunctive relief in a court of competent jurisdiction.

  2. This Agreement will be governed by the substantive laws of the United States of America and the State of California (without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction).

  3. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture relationship between the Company and any user. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to enforce any of the terms of this Agreement or exercise any of its rights under this Agreement shall not constitute a waiver of such terms or rights. No waiver of any of the terms or rights in this Agreement shall be deemed a further or continuing waiver of such terms or rights.

  4. These Terms of Use may not be assigned by you without the prior written consent of the Company.

Privacy Policy

Markwalkerlessons.com (“We” or “Company”) recognizes that its customers, visitors, users and others who use Markwalkerlessons.com, the web sites of affiliated music professionals and teachers or other owned or operated by Company (collectively, the “Site”) (collectively or individually “Users”) value their privacy. This Privacy Policy details important information regarding the use and disclosure of User information and other information provided to Company or collected on the Site. Company provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Site.

This Privacy Notice is incorporated into and is subject to the Company Terms of Use. Your use of the Site and any personal information you provide on the Site remains subject to the terms of this Privacy Policy and our Terms of Use.

Please note that any video, audio, image and/or any other content posted at the direction of Users onto the Site becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

Information CollectedYou are not required to provide personally identifiable information to visit the Site. However, in order to take advantage of certain features and become a Member you need to provide some personally identifiable information.

*Account Information. To create an account on a Site, we require you to provide your name, email address, age and credit card, to create a user name and to provide a password.

*Aggregate Usage Data and Anonymized Data.Company may collect usage data based on users, usage of the site and its various features, but it is not personally identifiable except as described below under the IP Addresses section (“Aggregate Data”). In addition, Company may take your person

 
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