This privacy notice discloses the privacy practices for (www.playgroundsessions.com). This privacy notice applies solely to information collected by this web site.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. However, we may partner with another party to provide specific services or to processing transactions. When you sign up for services or order products or songs lessons from our site, we may share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services. We may also share your information with marketing partners, such as ProAudio Star, that offer products and services that complement the offerings found on our web site. In addition, we may share personally identifiable information with unaffiliated third parties if: (1) you request or authorize it; (2) the information is provided to comply with the law, applicable regulations, court orders or subpoenas, to enforce the our terms of use or other agreements, or to protect our rights, property or safety, or the rights, property or safety of our users or others; or (3) the disclosure is done as part of a purchase, transfer or sale of services or assets (e.g., in the event that we sell assets to another party, customer information may be one of the transferred assets).

If you contact us with an inquiry, we will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. If you sign up to be on our mailing list, you will receive periodic emails from us to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us and our marketing partners at any time. You can do the following at any time by contacting us via the email address given on our website or by clicking here contact us.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Cookies

We may use cookies on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Age Limitation

Our web site is not designed for children under the age of 13, and you are required to be at least 13 years of age in order to provide information to us on our web site. We do not knowingly attempt to solicit or receive any information from children under the age of 13.

Privacy Policy

Surveys & Contests

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Links

This web site may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Your California Rights

Playground Sessions may disclose your personal information to third parties as described above. In order to opt out of such sharing or for further information, please contact us. Please be sure to include your full name, email address, and specifically what type of information you do not want to receive. If you opt out of receiving marketing emails from us, we will continue to send you emails regarding order confirmations when you place an order with us.

Amendments

We may amend this Privacy Policy at any time. If we amend this Privacy Policy to permit material changes in the way we collect, use and/or share your personal information, we will notify you of such changes by sending you an e-mail at the last e-mail address that you provided to us, and/or by prominently posting notice of the changes on our Web site. Any such material changes to this Privacy Policy will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on our Web site. Any such material changes to this Privacy Policy may affect our use and sharing of personal information that you provided to us before our notification to you of the changes. If you do not wish to permit material changes in our collection, use or sharing of personal information that you have provided to us before the effective date of such changes, you must so notify us before that effective date. Please be advised, however, that, regardless of whether you provide such notice to us, the changes to this Privacy Policy will apply to any personal information that you provide to us on or after the effective date of such changes.

Privacy Questions

If you have any questions or concerns about Playground Sessions’ privacy policy, please contact us.

Playground Sessions™ Software License Agreement

This Playground Sessions™ Software License Agreement (the Agreement) was last updated on October 12, 2011.

PLEASE READ THE AGREEMENT BELOW AND INDICATE YOUR ACCEPTANCE BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THE AGREEMENT. BY CLICKING ON THIS BUTTON AND INSTALLING AND USING THE PLAYGROUND SESSIONS™ SOFTWARE YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Playground Sessions™ is a software solution owned by Playground Sessions, Inc. (“PSI”) that allows end-users to download, play and use interactive video lessons for the piano as well as specific song lessons from the PSI online music library (the “Software”). When used in this Agreement, the term “Software” includes the initially downloaded solution and any updates thereto as provided by PSI, as well as all interactive video lessons (the “Videos”) and song lessons made available through our online music library (the “Song Lessons”).

Additional Terms and Privacy

The terms of this Agreement are in addition to the terms and conditions regarding use of the PSI web site, located at www.playgroundsessions.com, which also constitute a binding agreement between you and PSI. A copy of PSI’s current terms and conditions can be found here. You should also read our privacy policy, which can be found here to understand how PSI collects and uses information about you.

Ownership and Restrictions on Use

PSI and its licensors shall retain all right title and interest in and to the Software, and all intellectual property rights therein, except for the copyright to the songs taught in the Song Lessons, which are owned by their respective copyright owners. The Software is protected by the copyright laws of the United States and other countries and by international treaty provisions, and contains trade secrets of PSI. Upon your payment of the fees described below, PSI grants you a limited, non-transferable, non-sublicensable, revocable right and license to download, use and display the Software on up to two (2) machines (for a maximum of two (2) users), solely in accordance with the terms and conditions of this Agreement. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by PSI and its licensors.

You may not reverse engineer, decompile, disassemble or otherwise reduce the Software to human-perceivable form. You may not disable any functionality which limits the use of the Software. You may not modify, adapt, translate, copy, rent, sublicense, assign, loan, reseller or distribute the Software. You may not copy the Software onto a server which permits multiple machines to access the Software, nor may you allow third parties to access the Software via an internet-based hosted solution.

System Compatibility

The Software is intended to be used on most available computer configurations. While you are responsible for ensuring that you have your computer configured properly to use the Software, if you are having problems running the Software, please reach out to our support team at support@playgroundsessions.com

Fees and Payment

The license fee for the Software is $149, which includes the initial software solution download, access to all of the Videos, and up to three (3) Song Lessons of your choice from the PSI music library. Additional Song Lessons may be purchased from our music library located here for an additional fee. The current fee per Song Lesson is $6.00; however, PSI reserves the right to increase or decrease this fee at any time in its sole discretion. The fee for Song Lessons includes royalty payments to the copyright owners of the songs taught in the Song Lessons.

Payment of all fees shall be made online, either via direct credit card payment or via PayPal. If you pay via PayPal, charges will appear as “Playground Sessions” on your account.

Disclaimer, Indemnification and Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE AND ANY RELATED CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PSI DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, AND ANY SUCH CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. PSI DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PSI SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE LIABILITY OF PSI FOR ANY REASON ARISING OUT OF OR RELATED TO THIS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE.

You agree to indemnify, defend and hold harmless PSI for any and all damages, including reasonable costs and attorneys’ fees, arising out of or relating to any third party claim resulting from your breach of this Agreement or your use of the Software, including, without limitation, any claims that you have violated any applicable laws or regulations.

Export Control Laws

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Software is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (including without limitation Iran, Syria, Sudan, Cuba and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.

Termination.

Should you fail to comply with the terms and conditions of this Agreement, PSI reserves the right, in its sole discretion, to terminate the licenses granted to you herein, effective immediately. In the event of such a termination, you will not be entitled to a refund of any license fees or any fees paid for additional Song Lessons.

Miscellaneous

Entire Agreement. This Agreement, together with the PSI web site terms and conditions and privacy policy, contains the entire understanding and agreement of the parties with respect to the subject matter contained herein. This Agreement supersedes all prior oral or written understandings and agreements relating thereto except as expressly otherwise provided, and may not be altered, amended, modified or waived in whole or in part, except in writing, signed by duly authorized representatives of the parties.

Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to any law, the remaining provisions shall remain in full force and effect as if said provision never existed.

Assignment. You may not sell, transfer, or assign your rights under this Agreement without the prior written consent of PSI; however, PSI may assign its rights and obligations hereunder without your consent. Subject to the foregoing, this Agreement shall inure to the benefit of the parties, their successors and permitted assigns.

Governing Law. . This Agreement and all matters and issues collateral thereto shall be governed by the laws of the State of New York, without regard to its conflict of law principles. Any action or proceeding arising out of or relating to this Agreement shall be brought in a court of competent jurisdiction, federal or state, located within the State of New York. The parties hereby irrevocably consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court; provided, however, that nothing in this Agreement will prevent either party from seeking injunctive relief to enforce the terms of this Agreement in any competent venue or jurisdiction, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.

Force Majeure. PSI shall not be responsible for failing to perform any of its obligations imposed by this Agreement, where such failure is caused by fire, flood, explosion, lightning, windstorm, earthquake, subsidence of soil, failure or destruction, in whole or in part, of machinery or equipment or failure of supply of materials, discontinuity in the supply of power, governmental interference, civil commotion, riot, war, strikes, labor disturbance, transportation difficulties, labor shortage or any cause beyond its reasonable control.

Continue