Welcome to Beethoven at Home! These terms of use ("Terms") govern your use of our website, mobile application, and other related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
1. Eligibility
To use the Service, you must be at least 18 years of age and legally capable of entering into binding contracts. If you are accessing or using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
2. Use of the Service
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal and non-commercial use. You may not use the Service for any illegal or unauthorized purpose, and you agree to comply with all applicable laws, rules, and regulations.
3. User Content
You are solely responsible for any content, materials, or information that you upload, post, or otherwise make available through the Service ("User Content"). You represent and warrant that you have all necessary rights to your User Content and that your User Content does not infringe upon or violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights. By uploading, posting, or otherwise making available your User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your User Content in connection with the Service.
4. Intellectual Property
The Service and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof, are owned by us, our licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Service for your personal and non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service.
5. Disclaimer of Warranties
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
7. Disclaimer of Liability for Teachers
We take great care in vetting and verifying the identity and credentials of the teachers who use our Service. However, we cannot guarantee the accuracy, completeness, or authenticity of the information provided by our teachers. Moreover, we have no control over the conduct of our teachers, and we do not assume any responsibility for any acts or omissions by them, including but not limited to damages to property, personal injury, or assault.
By using the Service, you acknowledge and agree that we shall not be liable for any damages, losses, or expenses arising out of or in connection with the actions or omissions of any teacher who uses our Service, including but not limited to damages to property, personal injury, or assault. You agree to release us from any claims, demands, or causes of action arising out of or in connection with such actions or omissions by teachers.
This clause is in addition to and does not limit or affect any other disclaimers or limitations of liability in these Terms.
8. Indemnification
You agree to indemnify, defend, and hold us and our affiliates, licensors, service providers, employees, agents, officers, and directors harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your User Content, your use of the Service, your violation of these Terms, or your violation of any rights of another.
9. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and without notice. Upon termination, all rights granted to you under these Terms will cease immediately, and you must immediately cease all use of the Service.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You irrevocably agree that any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.
11. General
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the Service, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us with respect to the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These Terms are not assignable, transferable, or sublicensable by you, except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations under these Terms without your consent.
The headings used in these Terms are for convenience only and shall not affect their interpretation. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you may not make any representations on our behalf. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Service. These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not make any representations on our behalf.
12. Contact Us
If you have any questions or comments about these Terms or the Service, please contact us at support@beethovenathome.com.