Introduction
The “Site” means PinkPianoPress.com and any websites that are linked to or from the Site and that we own or control. “We” means Pink Piano Press, PinkPianoPress.com or its owners, subsidiaries, agents and affiliates.
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By using this Site you agree that you are over the age of eighteen and that you agree to the terms and conditions in each section of this “Agreement.” If you do not agree with these terms and conditions you should stop using the Site immediately.
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Please note that this Agreement may change from time to time. We expect that most changes will be minor. Any changes will be posted on this page and we encourage you to review this Agreement from time to time.
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If you have questions regarding this Site or this Agreement, please contact us here.
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“Material” means the products, services, resources, information, data, specifications, photographs, text, audio, video and other content displayed on the Site.
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Note that the use of certain Material or the conduct of certain transactions on the Site could be subject to additional terms and conditions that we will make available to you prior to using such Material or completing such transactions.
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Purchases and Returns
Digital products purchased from the Site may not be returned but will be replaced upon reasonable request with a replacement copy in the event of purchaser’s loss of data or media failure. Because of the nature of digital products, we do not offer exchanges. No returns or refunds will be issued except in the case of duplicate purchases of products with identical SKUs. However, no returns or refunds, even in the case of duplicate purchases, will be issued after 90 days. Physical products may not be returned.
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Purchasers shall use Wix Payments or PayPal, when paying for products. You may also use third-party tools to authenticate to this Site. Such transactions may also governed by other third-parties’ terms of use and various legal agreements including those found at paypal.com, facebook.com, google.com, infusionsoft.com, barilliance.com, sumo.com, leadpages.com, and amazon.com.
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Digital Products: By purchasing and downloading digital product materials from the Site, you agree to the following license terms depending on the type of product you purchase. When you purchase any type of digital product Materials from the Site, you are granted a personal and non-exclusive license to utilize the Material you purchase consistent with the one of the following license types:
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Studio License—You are only permitted to use the purchased digital PDF Materials with any number of your own students taught in real time as an individual teacher; this license may not be shared with any other teachers in the same studio or different studios; audio tracks may be used with students in a teacher’s studio but may not be electronically distributed. Students will need to purchase their own tracks to use at home with any members of that family residing in the same household;
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Single User License—You are only permitted to use the purchased digital Materials for or as a single student for whom the Material was purchasedregardless of whether the purchase was made by a teacher or by the end user of the material;
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YOU MAY NOT USE THE MATERIALS FOR ANY OTHER PURPOSES OR DISTRIBUTE THEM ELECTRONICALLY; YOU MAY NOT DISTRIBUTE THE MATERIALS IN PRINT EXCEPT FOR THE PURPOSES DESCRIBED IN THIS AGREEMENT. WE MAY TERMINATE THIS LICENSE FOR PURCHASED MATERIALS “FOR CAUSE” IN THE EVENT THAT WE DETERMINE IN OUR SOLE DISCRETION THAT YOU HAVE BREACHED YOUR OBLIGATIONS UNDER THIS AGREEMENT.
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You may not sell or re-sell any of the Materials to anyone including your students. However, to cover printing costs for Studio License items, you may charge your students a “printing fee” for the resource.
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Physical Products: When you purchase physical Materials from the Site you are permitted to use the materials consistent with their respective Copyright terms.
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General Conduct & Limited License
You may access, display, and print one copy of the Material solely for your personal, internal, non-commercial use, except as otherwise specified on this Site or on a particular item of Material. No other use of the Material is authorized. You agree that the copy of the Material shall retain all copyright, trademark and any other notice in the same form and manner as any such notice appears on the Material or on the Site. You may not otherwise reproduce, modify, distribute, transmit, post, or publish the Material without our prior, written consent.
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You understand and agree that any permitted use of the Material and the Site is at your own discretion and risk. You will be solely responsible for any damage to your network, software or computer system, and for any loss of data that could result from the use of the Site or the Material.
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While visiting the Site, you shall not submit, post, publish, distribute or transmit: (a) material that is illegal, indecent, obscene, libelous, defamatory, false or misleading; (b) material other than that which may be requested by an interactive application or tool on the Site; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy or other rights of third parties, (e) a computer virus, worm, Trojan horse or other element destructive to the Site or any of our hardware or software accessible through the Site, or (f) a digital or manual signature, password, or other element impersonating our employees, or any forged TCP/IP headers or parts of a header, in an attempt to gain unauthorized access to our computers, software, data, accounts or databases.
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You may not, without our prior written consent, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site. You also may not engage in the mass downloading of files from the Site; use the computer processing power of the Site for purposes other than those permitted above; or flood the Site with electronic traffic designed to slow or stop its operation.
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Disclaimers & Indemnification by You
TO THE EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY SHALL WE, OUR OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE MATERIAL, ANY OF OUR PRODUCTS OR SERVICES, OR ANY OTHER LINKED WEBSITE, OR FOR DIRECT DAMAGES, ACTUALLY PROVEN, EXCEEDING THE AMOUNTS PAID BY YOU TO US (YOU AGREE THAT THIS LIMITATION SHALL BE ENFORCED EVEN IF IT CAUSES AN EXCLUSIVE REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE), OR ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE MATERIAL PRESENTED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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ALL MATERIAL PROVIDED ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE INTERNATIONAL CONVENTION FOR THE SALE OF GOODS, THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT ARE EXPRESSLY DISCLAIMED.
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TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS WITH OUR OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE AND MATERIALS, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM: (A) USE OF THE SITE OR THE MATERIAL, (B) BREACH OF THESE TERMS OF USE; AND/OR (C) YOUR SUBMISSIONS.
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Termination and Survival
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This Agreement shall expire when you discontinue use of the Site and Materials. We reserve the right to change or modify these terms, or terminate this Agreement at any time. In the event that you breach or violate any part of this Agreement, we may terminate your current and future use of the Site and the Materials. The applicable portions of the following sections shall survive any termination or expiration of this Agreement: Introduction; General Conduct & Limited License; Disclaimers & Indemnification by You; and Termination and Survival.
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Site Material
All Site Material, unless otherwise noted, is and shall remain our sole property. Any content you view, copy, print, download or use from the Site shall be solely for your personal, non-commercial use. Material on this Site may not be modified in anyway and may not be used, copied or distributed separate from accompanying text. You agree and understand that you may not use the content in any way that is misleading; that falsely suggests the existence of a business relationship between you and us; that is derogatory, disparaging, or which displays our products, employees, affiliates or representatives in a negative light. You also agree and understand that we may at any time and in our sole discretion revoke your authorization to use Site Material and we may require you to immediately cease using all Site Material.
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