Terms of Use

Last modified: March 21, 2016

Introduction

FiddleQuest LLC owns and provides various websites, apps, services, content, materials, and software available to the public at and through fiddlequest.com and related URL’s (collectively, the “Site”). In this document, the terms “us” or “we” or “our” refers to FiddleQuest LLC. A “Visitor” is someone that merely browses our Site. A “Member” is someone who has registered with our Site to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.

Legal Agreement

This web page represents a legal document and is the Terms of Use (Agreement) for our Site. Our Privacy Policy and Child Privacy Disclosure are considered part of this Agreement. By using our Site, you agree to fully comply with and be bound by this Agreement (including our Privacy Policy and Child Privacy Disclosure) each time you use our Site. Please review the terms of this agreement (including our Privacy Policy and Child Privacy Disclosure) carefully.

You are advised to revisit this page periodically as we reserve the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of our Service.

Our Services

Our Site offers the following services: educational content in the form of audio, video, notation, and other media and technology; comprehensive and motivating music education curriculum; games and other interactive services to help students learn effectively; student progress tracking; video production, storage, and sharing; social media interactivity; tools designed to help teachers facilitate musical education. Collectively, these are our “Services”.

Content

All text, information, graphics, audio, video, design, and other data offered through our Site or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

Acceptance of Agreement

This Agreement is between you and FiddleQuest LLC.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and FiddleQuest LLC, and supersedes all other Agreements, representations, warranties and understandings with respect to our Site, Services, and the subject matter contained herein. However, in order for you to use our Site and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Site, and you should review this Agreement prior to using our Site. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Site. If you have already accessed our Site and do not accept this Agreement, you should immediately discontinue use of our Site and Services.

Limited License

FiddleQuest LLC grants you a non-exclusive, non-transferable, revocable license to access and use our Site and Services strictly in accordance with this Agreement. Your use of our Site and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Site or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Site, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and FiddleQuest LLC.

Our Intellectual Property

Our Site may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Site or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of FiddleQuest LLC.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to FiddleQuest LLC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Our Content, as found within our Site and Services, is protected under United States and foreign copyrights. Your use of our Site and Services does not grant you any ownership rights to our Content. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without FiddleQuest LLC’s express prior written consent.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. FiddleQuest LLC reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any FiddleQuest LLC server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Site, or any other customer of FiddleQuest LLC, including any FiddleQuest LLC account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or FiddleQuest LLC’s systems or networks, or any systems or networks connected to the Site or to FiddleQuest LLC.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to FiddleQuest LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of FiddleQuest LLC or others.

Fair Use Notice

FiddleQuest provides education materials including recordings, notation, and chord charts of public domain and copyrighted material, the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to help teachers educate students in playing violin through face-to-face teaching in lessons and classrooms. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. For more information visit to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

If you are an artist or copyright holder and for some reason would like us to remove a song from inclusion in FiddleQuest, we will of course do so. No one has ever asked us to do this, and we can’t see any reason an artist or copyright owner would try to prevent future fiddlers from playing their songs. If you feel otherwise, please notify us in accordance with these terms and we will honor your request without hesitation.

Digital Millennium Copyright Act Compliance

Our Site will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via email to contact@fiddlequest.com that contains the following information:

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

  2. A description of the copyrighted work that you claim has been infringed;

  3. A description of where the material that you claim is infringing is located on our Site;

  4. Your address, telephone number, and email address;

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. A statement by you that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Eligibility and Registration for Membership

To use our Services, you must register with our Site to become a Member. Your Membership is not transferable or assignable and is void where prohibited. You must be 18 years or older to open an account with FiddleQuest, though students of any age may be added by a parent or legal guardian as a Student and use the Site subject to the terms of our Child Privacy Disclosure. Both parents and students are considered Members of FiddleQuest.

Any registration by someone under 18 years of age, or use of or access to our Site and/or Service by anyone who has not had a parent or legal guardian agree to our Child Privacy Disclosure, is unauthorized, unlicensed and in violation of these Terms of Use. By using our Site and/or Service, you represent and warrant that you are (18) or older or you are a Student whose parent or legal guardian has consented to our Child Privacy Disclosure agreement, and that you agree to and to abide by all of the terms and conditions of this Agreement. FiddleQuest LLC has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our Site cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Content Disclaimer

The opinions expressed on our Site are not necessarily the opinions of FiddleQuest LLC. Any content provided by our Users are of the User’s opinion, and is not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.

The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.

We undertake no obligation to update any Content on our Site. Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Site will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Site will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality or content of our Site or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Site or Services.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and FiddleQuest LLC or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Site or Services.

Advertisers and Sponsors Disclaimer

Our Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY FiddleQuest LLC AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITE OR ANY OTHER SITE LINKED TO OUR SITE.

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Warranty Disclaimer

FiddleQuest LLC is not responsible or liable in any manner for any Content posted on our Site or in connection with our Services, whether posted or caused by Members of our Site, or by FiddleQuest LLC. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Site or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Site or Services. FiddleQuest LLC is not responsible for the conduct, whether online or offline, of any User of our Site or Services.

Our Site or Services may be temporarily unavailable from time to time for maintenance or other reasons. FiddleQuest LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.

FiddleQuest LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Site or Services, including without limitation any software provide through our Site or Services.

Under no circumstances will FiddleQuest LLC be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Site or Services, or any interactions between Users of our Site or Services, whether online or offline.

FiddleQuest LLC reserves the right to change any and all Content, software and other items used or contained in our Site or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Site, by third parties or by any of the equipment or programming associated with or utilized by our Services.


THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FiddleQuest LLC, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SITE OR SERVICES. FIDDLEQUEST LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. FiddleQuest LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR SITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FiddleQuest LLC. OUR SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

General Disclaimer

The information, services and products are sold or given to the User with the understanding that neither the author, seller, nor publisher is engaged in rendering any legal, business or financial advice to the purchaser or to the general public. The views and opinions expressed are those of the authors and do not necessarily reflect the official policy or position of FiddleQuest LLC. Any content provided by our bloggers or authors are of their opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.

Although we make strong efforts to make sure our information is accurate, FiddleQuest LLC cannot guarantee that all the information on this website and or blog is always correct, complete, or up-to-date.

By purchasing any of our products or services, User agrees to and is knowingly assuming any and all risk associated with using these products or services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS, SERVICES AND INFORMATION ON THIS WEBSITE AND OR BLOG IS PROVIDED “AS IS” AND WITH ALL FAULTS AND FIDDLEQUEST LLC MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, SERVICES AND INFORMATION, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND FIDDLEQUEST LLC SPECIFICALLY DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, QUIET ENJOYMENT, AND QUIET POSSESSION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS, SERVICES AND INFORMATION LIES WITH USER.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIDDLEQUEST LLC OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR USER’S USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES AND INFORMATION, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST USER BY ANY OTHER PARTY, EVEN IF FIDDLEQUEST LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANY DAMAGES USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF FIDDLEQUEST LLC AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS, SERVICES AND INFORMATION OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Video Disclaimer

The views and opinions expressed in videos within the Site do not necessarily reflect the official policies or positions of FiddleQuest LLC. The content and opinions contained in this video are not intended to malign any religion, ethic group, organization, company or individual.

FiddleQuest LLC makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to any content contained within videos submitted by Users on FiddleQuest LLC Websites or Apps. Videos submitted by Users on FiddleQuest LLC Websites or Apps are for entertainment purposes only. Viewers should not rely on any information contained videos submitted by Users on FiddleQuest LLC Websites or Apps.

FiddleQuest LLC is not responsible for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from viewing videos submitted by Users on FiddleQuest LLC Websites or Apps.

Limitation of Liability

FiddleQuest LLC, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Site or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Site or Services, (d) your use of our Site our Content, (e) the content contained on our Site or Services, or (f) any delay or failure in performance of our Site and Services beyond our control.

IN NO EVENT WILL FiddleQuest LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR SITE OR SERVICES, EVEN IF FiddleQuest LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FiddleQuest LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Member Conduct

Members may post their own content to our Site through our Services (Member Content). Members and Visitors understand that by using our Site or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. FiddleQuest LLC is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, FiddleQuest LLC will submit all necessary information to the proper authorities.

If any Member Content is reported to FiddleQuest LLC as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by FiddleQuest LLC. Should the Member fail to meet such a request, FiddleQuest LLC has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.

Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:

  1. Upload, post or otherwise transmit any Member Content that:

    a. Violates any local, state, federal, or international laws.

    b. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.

    c. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.

    d. Links directly or indirectly to any materials to which you do not have a right to link.

    e. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

    f. 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, or to extract information from our Site or Services.

    g. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

    h. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).

    i. In the sole judgment of FiddleQuest LLC, is objectionable or which restricts or inhibits any other person from using or enjoying our Site or Services, or which may expose FiddleQuest LLC, our affiliates, or our Users to any harm or liability of any type.

  2. Use our Content to:

    a. Develop a competing website.

    b. Create compilations or derivative works as defined under United States copyright laws.

    c. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

  3. Decompile, disassemble or reverse engineer our Site, Services, and any related software.

  4. Use our Site or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

 

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Site and Services in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, videos, audio, or other information communicated and/or submitted by you to us (whether via our Site, App, email, verbally, or via any other mechanism) (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

Linking to Our Site

You may provide links to our Site, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Site, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Site immediately upon request by us.

Links to Other Website

Our Site may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Site does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. FiddleQuest LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Contests and Promotions

From time to time, we may run contests or promotions from the Site. We will provide the rules for any such contests and promotions when they are made available on the Site. In order to participate in the contest or promotion, you will be required to agree to the posted rules and regulations applicable to such contest or promotion.

Subscription Types

FiddleQuest offers two subscription options: Free Edition and Complete Edition.

FiddleQuest Free Edition offers free access to student videos and select songs and exercises with the intent of allowing users to explore FiddleQuest and decide whether they would like to proceed with a Complete Edition subscription.

FiddleQuest Complete Edition offers unlimited access to all FiddleQuest content.

Payments

When you purchase a FiddleQuest subscription or a product through the Site, we will bill the credit card you have provided (your “Payment Method”). Your Payment Method will be billed on your renewal date in advance of the term of the subscription.

FiddleQuest offers auto-renewing monthly subscriptions (“Monthly Subscriptions”), auto-renewing yearly subscriptions (“Yearly Subscriptions”), and one-off product sales.

Monthly Subscriptions will continue until you elect to cancel your subscription. FiddleQuest LLC will bill your Payment Method each month for the following month.

Yearly Subscriptions will continue until you elect to cancel your subscription. FiddleQuest LLC will bill your Payment Method each year for the following year.

Auto-renewing Subscriptions will continue for the initial term and then will automatically renew for successive periods generally equal to the initial term of the subscription. For example, a one year subscription will renew at the end of the first year for an additional one year period. Each Auto-renewing Subscription will renew at the subscription rate in effect at the time of renewal.

In order to continue your Monthly Subscription, renew your Auto-renewing Subscription, or complete a Product Sale, you authorize FiddleQuest LLC to charge your Payment Method for the payment due. FiddleQuest LLC may charge your Payment Method even though it has expired by extending the expiration date of your Payment Method. This will continue until you notify FiddleQuest LLC that your Payment Method account is no longer valid.

You may change from a Monthly Subscription to a Yearly Subscription or from a Yearly Subscription to a Monthly Subscription at any time in “settings”. When you make this change: 1) We will pro-rate your remaining paid subscription and apply it to the new subscription. If your balance is larger than the new subscription, then any remaining balance will be applied to the next renewal date, etc. Your Payment Method will not be charged until your credit balance is used up. 2) Your renewal date will be changed to the date you change Subscription Types.

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Pausing Your Subscription

You may elect to Pause any of your students in "settings". You may pause a student up to two times a year for a minimum of 1 month and a maximum of 6 months. When you pause a student’s subscription:

1) That student will no longer be able to access FiddleQuest

2) That student’s progress, teacher notes, and performance videos will be stored for up to 6 months

3) You can Un-pause that student within 6 months without a loss of data

Whatever balance remains in the paid subscription at the time you pause will be added to your account as a credit balance. That credit balance will be automatically used by your remaining children’s subscriptions (if applicable). If you pause all the students on your account, the credit balance will remain on your account for up to 6 months, allowing you to un-pause your subscription and use the remaining balance. If you have not Un-paused your subscription before the conclusion of 6 months, the Paused subscription will be Cancelled (see details of cancelled subscriptions below).

Cancelling Your Subscription

You may elect to cancel your Monthly or Yearly Subscription for any of your students in “settings”. When you cancel a student’s subscription:

1) That student will no longer be able to access FiddleQuest

2) That student’s progress and teacher notes will be irrevocably deleted

Whatever balance remains in the paid subscription at the time of cancellation will be added to your account as a credit balance that will be automatically used by your remaining children’s subscriptions (if applicable). If you cancel all the students on your account, the credit balance will remain on your account for up to 6 months, allowing you to subscribe new students and use the remaining balance.

FiddleQuest LLC does not issue refunds on Monthly or Yearly Subscriptions.

FiddleQuest LLC does not accept returns on shipped products. If an order you received was damaged or incomplete, please contact the FiddleQuest Support Team using the in-app help link so that we can make it right. Resolution may include shipment of a replacement product, an extension to your subscription, or similar corrective actions.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Site or Services.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in Medford, OR, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Medford, Oregon necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

General Terms

This Agreement shall be treated as though it were executed and performed in Rogue River, Oregon, and shall be governed by and construed in accordance with the laws of the State of Oregon without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Site or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.