TERMS AND CONDITIONS
Welcome to practicia.com. The practicia.com website (the "Site") is comprised of various web pages operated by Practicia, Inc ("Practicia"). practicia.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of practicia.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
PRACTICIA.COM IS A VENUE
Practicia is a website that offers a service whereby teachers, students and parents (the “Users”) can engage with
each other about music practice at home (the “Service”). The Service is available through this Site and mobile devices
over the Internet. Teachers and educators can create assignments for students and add multimedia instructions such
as audio, video, images, photos, text, and YouTube links for students. Students can record their practice by
assignment using audio or video, and upload to the Site for later access by the parent, teacher and/or educator. No
person under the age of eighteen (18) may access our site without prior consent from a parent or legal guardian .
DISCLAIMER: You understand and agree that Practicia is only providing a venue, and we do not guarantee or warrant that any and all: files; media (audio, video, images, or text; hereinafter, the “Content”); that is uploaded or downloaded via this Site will be monitored for correctness, accuracy, viruses, Trojans, backdoors, defects, or inappropriate comments, content, behavior or personally identifying information. Practicia does not conduct background checks, credit checks nor does it verify the accuracy of any information provided to it by the Users. Teachers, educators, and other adults are cautioned about accessing or using this Site in order to interact with students (many of which will be minors and children). You acknowledge and agree that Practicia accepts no liability or responsibility whatsoever for any actions or inactions of the Users, including but not limited to the Content, or communications between the Users. If we discover there is any inappropriate, illegal, or unethical behavior on the part of any User, we reserve the right to immediately terminate the User’s account, without notice and without refund.
WARNING TO PARENTS, LEGAL GUARDIANS, TEACHERS & EDUCATORS
Practicia does not verify or validate the credentials or backgrounds of the Users, except as required by law to verify
parental consent for the use of the Service for children under the age of thirteen (13). YOU AS A PARENT OR LEGAL
GUARDIAN has a duty to monitor the communications of your child or children. Practicia does not monitor such
communications, and has no way to monitor or warn you of inappropriate behavior or communications effecting or
involving your child or children using our Services. The Internet is full of child predators, and you are urged to use
extreme caution in who you permit your child or children to communicate with or receive Services from.
The information provided on this Site is for informational purposes only and is not to be construed as advice or counsel of any kind.
The Services permit teachers to create assignments and add multimedia instructions (whether audio, video, photographs, pictures, and/or text). Educators and Teachers understand and agree that their students may be legal minors, and therefore represent and warrant they will refrain from any inappropriate, illegal or unethical communications. Furthermore, please see our Zero-Tolerance Policy in these Terms.
PARENTS OF STUDENTS UNDER THE AGE 13, ARE REQUIRED TO CONTACT PRACTICIA AND VERIFY THEIR IDENTITY BY PROVIDING PROPER PROOF OF IDENTITY. PLEASE EMAIL PARENTID@ PRACTICIA.COM TO HAVE THE RELEVANT PAPERWORK EMAILED TO YOU.
Because Practicia is offering non-tangible, irrevocable Services, Practicia does not issue refunds once the payment is made and/or when a subscription is terminated or cancelled for any reason. Purchasing a subscription through Practicia.com is final. Please report any errors in your subscription or the Service immediately to Practicia’s Support Department via the Practicia ticket system. If you report problems within thirty (30) days from the date the Services were initiated (or your purchased your subscription), we will issue you a refund or otherwise credit your account as appropriate for the situation. In order to qualify for this refund or credit, you must provide clear evidence to Practicia that rendered Services or your purchased subscription are not as described on the Site. Complaints, based merely on the User’s false expectations or wishes, are not honored. Please note that Users may cancel their subscription at any given time, but no refunds will be issued for such cancellations.
Visiting practicia.com or sending emails to Practicia constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password , and for
restricting access to your computer, in addition, you agree to accept responsibility for all activities that occur under
your account or password. You may not assign or otherwise transfer your account to any other person or entity
without Practicia's prior written consent. Practicia reserves the right to terminate any User account at any time, for
any reason whatsoever, including but not limited to inappropriate or unethical usernames, or harassing, illegal or
infringing activity or behavior. You acknowledge that Practicia is not responsible for third-party access to your
account that results from theft or misappropriation of your account credentials. Practicia reserves the right to refuse
or cancel the Service, terminate accounts, or remove, alter, or edit content at its sole discretion and option. If at
any time you believe your account security has been breached, you must notify Practicia’s Customer Support team
If User is a minor, then said User’s parents and/or legal guardian hereby acknowledge and agree to monitor or otherwise oversee said minor’s access, use, and communications via this Side and mobile applications. You understand and agree that Practicia is only providing a venue allowing Teacher/Student interactions as a matter of convenience. If any parent or legal guardian learns or has a good-faith belief there is inappropriate or unethical behavior between Users and/or your child, you must contact us immediately, at which time we will immediately suspend all relevant accounts, preserve information and assess whether the authorities must be involved. We reserve the right, in our absolute and sole discretion, to inform legal authorities as we deem appropriate. Nothing contained herein is intended to control, influence or monitor a parent’s or legal guardian’s legal options relating to inappropriate behavior pertaining to their child or child ren using this Site.
If you need to contact Practicia about products or the Services located on this Site; the status of an order; your account; or account security; please contact us via our website at www.Practicia.com.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
Practicia.com may contain links to other websites ("Linked Sites"). Said Linked Sites are not under the control of
Practicia and Practicia is not responsible for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. Practicia is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Practicia of the site or any association
with its operators.
Certain services made available via Practicia are delivered by third-party sites and organizations. By using any product, service or functionality originating from this Site, you hereby acknowledge and consent that Practicia may share such information and data with any third-party with whom Practicia has a contractual relationship to provide the requested product, service or functionality on behalf of the Users.
You acknowledge and agree that you are accessing third-party websites at your own risk. You agree that Practicia does not accept any responsibility or liability whatsoever for third-party website, including but not limited to Content, cookies, ads, or links.
NO UNLAWFUL OR PROHIBITED USE /INTELLECTUAL PROPERTY
Practicia hereby grants to the Users a non-exclusive, non-transferable, revocable license to access and use the
Services strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Practicia that
you will not use the Site for any purpose that is unlawful, harassing or prohibited by these Terms. You may not use
the Site in any manner which could damage, disable, overburden, or imp air the Site or interfere with any other
party's use and quiet enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All Content included as part of the Service, such as text, graphics, logos, videos, audio, images, as well as the compilation thereof, and any software used on the Site, is the property of Practicia or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site. Practicia Content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected or third-party Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. Content contained within the Site is to be accessed for your own personal use only, and not for commercial purposes whatsoever without our express written permission. You agree that you do not acquire, nor seek, any ownership rights in any the Content. We do not grant you any licenses, express or implied, to the intellectual property of Practicia or our licensors except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to enable Users to communicate with the
public at large or with a group (collectively, "Communication Services"), you agree to use the Communication
Services (owned and operated by Practicia) only to post, send and receive messages and material that are proper
and related to particular Communication Services.
By way of example, and not as a limitation, you represent and warrant that when using Communication Services, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid sch emes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable rule, regulation or statute in any competent jurisdiction.
Practicia maintains a zero-tolerance policy regarding the exploitation and abuse of children in any manner whatsoever. Although Practicia does not monitor the Communication Services nor the Content, in the event Practicia discovers or is informed of any inappropriate, unethical, abusive, exploitive or illegal behavior or communications between an adult User and a minor User, the offender's account will be automtically terminated and appropriate authorities contacted for enforcement procedures.
Practicia has no obligation to monitor the Communication Services. However, Practicia reserves the right to review materials posted to a Communication Service and to remove any materials in its sole and absolute discretion. Practicia reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Practicia reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any communication or Content, in whole or in part, in Practicia's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Practicia does not control or endorse the Content, communication or information found in any Communication Service and, therefore, Practicia specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Managers, hosts, moderators, educators and Users are not authorized Practicia spokespersons, agents or contractors, and their views do not necessarily reflect those of Practicia.
Content uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations for Content that you upload.
CONTENT PROVIDED TO PRACTICIA.COM OR POSTED ON ANY PRACTICIA WEB PAGE
Practicia does not claim ownership of the Content you provide, submit or upload to practicia.com (including
feedback and suggestions) or post, upload, input or submit to any Practicia Site or our associated services
(collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission
and/or Content, you are granting Practicia, and its affiliated companies a world-wide, transferable license to display;
transmit; modify; use; or reproduce any Submissions uploaded or downloaded via our website for any and all lawful
and legitimate business purposes, including but not limited to: right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Practicia is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in Practicia's sole and absolute discretion. You understand and agree that you will not receive royalties at any time for any Submissions to this Site.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions, and that said Submissions shall not violate any third-party rights, moral rights or copyrights. You represent and warrant that you will indemnify and hold Practicia harmless from any and all claims, damages, or liability whatsoever in regards to content and files that are uploaded/downloaded or transmitted via this Site.
The Service is controlled, operated and administered by Practicia from our offices within the United States and elsewhere. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws and regulations. You agree that you will not use the Practicia Content accessed through practicia.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold Practicia harmless, including its parents, subsidiaries, beneficiaries, assigns, owners, officers, directors, employees, agents, contractors and related third-parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees), as well as unforeseen third-party claims, relating to or arising out of: this agreement; your use of or inability to use this Site or the Services; any user postings made by you; your violation of any terms of this Agreement; or your violation or infringement of any rights of a third-party; or your violation of any applicable laws, rules or regulations. Practicia reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Practicia in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and en forceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms, as well as User’s access to the Services.
CLASS ACTION WAIVER
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Practicia otherwise mutually agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER & LIMITED WARRANTY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. PRACTICIA MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME WITHOUT NOTICE, IN
ITS SOLE AND ABSOLUTE DISCRETION.
PRACTICIA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT CONTAINED ON OR IN THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PRACTICIA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
MISCELLANEOUS PROVISI ONS
Choice of Law: These Terms are governed by the laws of the State of Delaware and you hereby consent to the
exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including,
without limitation, this section or where the use of the Services would otherwise be deemed or considered illegal.
Severability: If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitati ons set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Modification/Assignment: Your legal duties and obligations under this Agreement may not be transferred, sold, or assigned without Practicia's prior written consent, nor may you modify, change, or alter these terms in any manner whatsoever.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Practicia as a result of these Terms or use of the Site or its Services. Practicia's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Practicia's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Practicia with respect to such use.
Integration: Unless otherwise specified herein, these Terms constitute the entire agreement between the User and Practicia with respect to the Site and the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Practicia with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in, and interpreted in, the English language.
CHANGES TO TERMS
Practicia reserves the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of these Terms shall supersede all previous versions. Practicia encourages you to periodically review the Terms to stay informed of our updates. If these Terms are materially changed by Practicia during your subscription or the provision of Services, and you object to said material changes, your sole option is to discontinue using the Services and request a prorated refund at the time of your notice to discontinue Services.
Practicia welcomes your questions or comments regarding these Terms. Please contact us for questions and comments.
Practicia ("Company") has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
Procedure for Reporting Copyright Infringement
If you believe that material or content residing on or accessible through Company's websites or services infringes a
copyright, please send a notice of copyright infringement containing the following information to the Designated
Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with suffic ient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e -mail address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
ONCE PRACTICIA INFRINGEMENT NOTIFICATION IS RECEIVED BY THE DESIGNATED AGENT:
It is Practicia policy to:
1. to remove or disable access to the infringing material;
2. to notify the content provider, or User, that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that Practicia will terminate such content provider's, member's or user's access to the Service.
PROCEDURE TO SUPPLY A COUNTER-NOTICE TO THE DESIGNATED AGENT:
If the content provider, or User, believes that the material that was removed or to which access was disabled is
either not infringing or believes that it has the right to post and use such material from the copyright owner, the
copyright owner's agent, or pursuant to the law, the content provider or User must send a counter-notice containing
the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter -notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Practicia’s Designated Agent to Receive Notification of Claimed Infringement is: firstname.lastname@example.org
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF PRACTICIA AGREEING TO PROVIDE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU AND PRACTICIA, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PRACTICIA RELATING TO THE SUBJECT OF THIS AGREEMENT.
If you have questions or comments about the Site, our policies, or these Terms, please contact
us via our website.
Effective as of September-15-15