MUSIC VIRTUOSITY'S TERMS OF USE AND CONDITION OF PURCHASE

Music Virtuosity, LLC, a Colorado limited liability company, ("Music Virtuosity") welcomes you to its website. By using this website, YOU AGREE TO BE BOUND BY ITS TERMS OF USE, PRIVACY POLICY and LEGAL NOTICES AND DISCLAIMERS, as they are amended from time to time, and all disclaimers, terms and conditions that appear elsewhere on this Website. Any changes made to this Terms of Use will be effective as of the date posted to this Website.

Legal and Enforceable Online Contract

By accepting the TERMS OF USE, including but not limited to its PRIVACY POLICY AND LEGAL NOTICES AND DISCLAIMERS, YOU AGREE THAT YOU HAVE ENTERED INTO A LEGAL AND ENFORCEABLE ONLINE CONTRACT WITH MUSIC VIRTUOSITY, AND ACCEPT THE TERMS AND CONDITIONS AS STATED IN THIS "TERMS OF USE" TO GOVERN YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED THEREIN.

18 Years of Age to Use

To use the services offered at this Website, you must be 18 years of age or older or have a parent or guardian provide his/her affirmative consent to your use of the services offered at this Website. Any offers of sale presented on this Website are only intended for individuals who are 18 years of age or older. By using the services offered at this Website, you affirm that you are 18 years of age or older or that you have provided your consent for your child under your care to use the services offered at this Website.

This Website is not directed for use by children without parental supervision. If a parent or guardian elects to allow a child under the age of 13 years old to view this Website or become a music Student, then such parent or guardian agrees that it has provided its consent to Music Virtuosity to allow Music Virtuosity to use its technology while its child is viewing the contents within this Website.

Services

Music Virtuosity provides users with access to receiving and providing educational music lessons accessed through video conferencing or other mediums or devices as now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Music Virtuosity to provide the Service. You also understand and agree that the Service may include certain communications from Music Virtuosity, such as service announcements, administrative messages and newsletters, and that these communications are considered part of Services and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Music Virtuosity properties, shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that Music Virtuosity assumes no responsibility for the timeliness, deletion, misdelivery or failure to deliver or store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Registration Obligations for Services

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Music Virtuosity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Music Virtuosity has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Music Virtuosity is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services, Material and/or Content (as defined below) are appropriate for your child.

Purchases

Any purchase of Service originated from your use of this Website shall be governed in accordance to this Agreement, including but not limited to Music Virtuosity's pricing, sales tax, payment, order acceptance/confirmation, backorder, return and shipping policies.

Sales Tax Policy

We do business throughout the United States and accordingly collect sales and use tax as required by applicable law. However, the law governing our obligation to collect sales tax from online purchases may change, and we may be required to collect sales tax from you without notice if there is a change in the law governing online sales.

Paying for Your Order

You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa© and MasterCard©.

After you place an order using our "Shopping Cart" process, we will check the information you give us for validity, such as a valid method of payment or valid shipping address. Your credit card or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Member Account, Password and Security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Music Virtuosity of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Music Virtuosity cannot and will not be liable for any loss or damage arising from your failure to comply with this section or the Agreement.

Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other Material ("Material"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Material originated. This means that you, and not Music Virtuosity, are entirely responsible for all Material that you upload, post, email, transmit or otherwise make available via the Service. Music Virtuosity does not control the Material posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Material. You understand that by using the Service, you may be exposed to Material that is offensive, indecent or objectionable, or infringe the intellectual property rights of another. Under no circumstances will Music Virtuosity be liable in any way for any Material, including, but not limited to, for any errors or omissions in any Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Music Virtuosity official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional Material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above.

You acknowledge that Music Virtuosity may or may not pre-screen Material, but that Music Virtuosity and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Material that is available via the Service. Without limiting the foregoing, Music Virtuosity and its designees shall have the right to remove any Material that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Material, including any reliance on the accuracy, completeness, or usefulness of such Material. In this regard, you acknowledge that you may not rely on any Material created by Music Virtuosity or submitted to Music Virtuosity, including without limitation information in Music Virtuosity's music lessons, and in all other parts of the Service.

You acknowledge, consent and agree that Music Virtuosity may access, preserve, and disclose your account information and Material if required to do so by law or in a good faith belief this Agreement; (c) respond to claims that any Material violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Music Virtuosity, its users and the public.

You understand that the technical processing and transmission of the Service, including your Material, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital Material to be protected, and use of these Material is subject to usage rules set by Music Virtuosity and/or Material providers who provide Material to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the Material provided on the Service, in whole or in part, is strictly prohibited.

Indemnity

You agree to indemnify and hold Music Virtuosity, and its affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content or Materials you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.

International User, Student and Instructor

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content or Material. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Termination

You agree that Music Virtuosity may, under certain circumstances and without prior notice, immediately terminate your Music Virtuosity account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Music Virtuosity account includes (a) removal of access to all offerings within the Service, including but not limited to Music Virtuosity's music lessons, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Music Virtuosity sole discretion and that Music Virtuosity shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

Errors on this Website

Errors will be corrected where discovered, and Music Virtuosity reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

Venue and Applicable Law

This Website was created and is operated by Music Virtuosity in the State of Colorado, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of Araphoe County, Colorado including the federal and small claims courts therein and you agree to consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The laws of the State of Colorado will also govern the Privacy Policy without giving effect to any principles or conflicts of laws.

Legal Notices and Disclaimers

Original material which Music Virtuosity post on this Website is protected by intellectual property laws. Copyright © 2005 Music Virtuosity, LLC Music Virtuosity. You are hereby granted a non-exclusive license to use this Website ("Materials"), but only while accessing this Website and its music lessons offered via this Website. You are also granted a limited license to print copies of any Materials posted on this Website, but only for your personal and educational use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing materials on this Website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Materials is strictly prohibited. Use of any trademarks of Music Virtuosity also is strictly prohibited.

Privacy
Music Virtuosity's technology provides a method and program for Music Virtuosity to offer music lessons to others. Music Virtuosity values the relationship that it has with its users and is always committed to responsible information handling practices.
For a better understanding of the privacy philosophies of Music Virtuosity and how it uses, shares and secures the collected information, please visit this Music Virtuosity's Privacy Policy page.

Damages

In no event shall Music Virtuosity, or their affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.

Limitation of Liability

By using this Website, you expressly agree that your use of this Website is at your sole risk. This Website is provided on an "AS IS" and "as available" basis. Neither Music Virtuosity nor its respective officers, directors, employees, agents, third-party Materials providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of this Website or the music lessons will be uninterrupted or error-free. Neither Music Virtuosity nor its Associates warrant the accuracy, integrity or completeness of the Materials provided on this Website or the music services offered for sale on this Website. Further, Music Virtuosity makes no representation that Materials provided on this Website is applicable to, or appropriate for use in, locations outside of the United States. Music Virtuosity and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Music Virtuosity or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall Music Virtuosity or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use this Website or music services, including but not limited to reliance by you on any information obtained from this Website that results in mistakes, omissions, interruptions, security breaches, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of Music Virtuosity has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Materials, your data stored by Music Virtuosity, services available through this Website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Music Virtuosity reserves the right to make changes to this Website and its TERMS OF USE and PRIVACY POLICY at any time. Each time you use this Website, you must visit and review the then current TERMS OF USE and PRIVACY POLICY that apply to your use and transaction of this Website. If you are dissatisfied with this Website, its Materials or TERMS OF USE and PRIVACY POLICY, you agree that your sole and exclusive remedy is to discontinue using the Website.

Tampering with this Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on this Website are prohibited.

Contact Information for Music Virtuosity

1 Music Virtuosity's Website address is: www.MusicVirtuosity.com
2 The e-mail address to contact Music Virtuosity is located on our Contact Us page.


Last Update: July 1, 2005