Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License To Use Website

Unless otherwise stated, Playground Sessions Inc. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website [except for content specifically and expressly made available for redistribution].

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Playground Sessions’ express written consent.

Restricted Access

Access to certain areas of this website is restricted to licensees of our proprietary software. Click here for information about licensing this software from playground sessions. Playground Sessions reserves the right to restrict access to other areas of this website, or indeed this entire website, at Playground Sessions’ discretion. If Playground Sessions provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Playground Sessions may disable your user ID and password in Playground Sessions’ sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Playground Sessions a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Playground Sessions the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Playground Sessions or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Playground Sessions reserves the right to edit or remove any material submitted to this website, or stored on Playground Sessions’ servers, or hosted or published upon this website.

Notwithstanding Playground Sessions’ rights under these terms and conditions in relation to user content, Playground Sessions does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Copyright Infringement

Playground Sessions respects the intellectual property of others. If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at http://www.copyright.gov/title17/92chap5.html#512

Playground Sessions’ agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: [copyright@playgroundsessions.com]

By mail: Playground Sessions, Inc. 32 Avenue of the Americas, New York, NY 10013 USA

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Playground Sessions makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Playground Sessions does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Playground Sessions will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Playground Sessions has been expressly advised of the potential loss.

Terms and Condition

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Playground Sessions’ liability in respect of any:

  • death or personal injury caused by Playground Sessions’ negligence;
  • fraud or fraudulent misrepresentation on the part of Playground Sessions; or
  • matter which it would be illegal or unlawful for Playground Sessions to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Playground Sessions has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Playground Sessions officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Playground Sessions’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Playground Sessions.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Playground Sessions and undertake to keep Playground Sessions indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Playground Sessions to a third party in settlement of a claim or dispute on the advice of Playground Sessions legal advisers) incurred or suffered by Playground Sessions arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Playground Sessions’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Playground Sessions may take such action as Playground Sessions deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Playground Sessions may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Playground Sessions may transfer, sub-contract or otherwise deal with Playground Sessions rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/ or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and Playground Sessions in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Privacy Policy

To view Playground Sessions’ Privacy Policy, click here

About these website terms and conditions

These web site terms and conditions apply to your use of the Playground Sessions web site. If you license Playground Sessions proprietary software, you will be subject to additional terms and conditions in connecting with that license. Click here to view our license terms and conditions.

These website terms and conditions were made using a Contractology website terms and conditions precedent available at www.freenetlaw.com. Other forms available on the Contractology website include privacy policy precedents.

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