PLEASE READ THESE TERMS
AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This Agreement contains all of the terms and conditions between
Fluteland.com, Inc. ("Fluteland.com") and you ("Student")
and governs the use of the services offered at the Fluteland.com
Web site (the "Site"). By doing any search for a Teacher
on the Site or using any other resources or information on the
Site, Student agrees that (I) Student has read this Agreement
and understands all of its contents and (II) Student accepts all
the terms and conditions in the Agreement. By accessing and using
this Site, you are hereby agreeing to be legally bound by the
terms and conditions of this Student Agreement. If you do not
agree with all of the following terms and conditions, please do
not use this Site. We reserve the right, at our sole discretion,
to change, modify or otherwise alter these terms and conditions
at any time. Such changes and/or modifications shall become effective
immediately upon the posting thereof. Please review the terms
and conditions periodically. Your continued use of the Site following
the posting of changes and/or modifications will constitute your
acceptance of the revised terms and conditions. For your information,
this page was last updated on February 08, 2010.
Fluteland.com offers a range of copyrighted online material that
includes video lesson material, text and multimedia learning content
Fluteland.com also enables the connection between consumers seeking
instruction or teaching ("Students") and Teachers offering
to provide music instruction services ("Teachers").
Fluteland.com provides a database of Teachers through the Site
from which the Student can seek instruction in all areas of music
education covered by Fluteland.com Teachers.
Student agrees not to hold Fluteland.com (or Fluteland.com's
agents or employees) liable for any instruction, advice or services
delivered which originated through the Site.
Once Student has accepted the terms of the advice or service
and payment has been made to Fluteland.com, there is a binding
contract implicit between the Student and Fluteland.com. Fluteland.com
reserves the right to suspend privileges to any Teacher or Student
not adhering to the policies of the Site.
Billing and Payment Policy
Students are obligated to pay the Fluteland.com membership fee
in full prior to using Fluteland.com services. This fee is non-refundable
and covers the period specified.
Students are obligated to pay the teacher's lesson in full upon
registering for that music lesson. Teacher's minimum billing rate
is $50 per hour. Fluteland.com will charge Student's credit card
according to the agreed upon fee between Student and Teacher,
and Fluteland.com will accept payment on behalf of the Teacher.
Fluteland.com will notify Student of the amount designated by
Fluteland.com to be charged to Student's credit card.
Refund and Cancellation Policy and Rescheduling
There are no refunds issued for the membership fee. Once payment
is accepted, the student gains access to Fluteland.com services
for the specified time period. Due to the nature of material (downloadable
video material and lesson plans), we are not able to offer any
refunds. The student will continue to have access to Fluteland.com
resources until the expiration of the paid period/contract.
Student is allowed to make up to three changes to each of his/her
scheduled private lessons up to 48 hours before the actual lesson.
The changes may be either to reschedule or to cancel the lesson.
Upon rescheduling, no credit card transaction will occur. Upon
cancellation, the entire amount charged will be refunded to the
Student's credit card. The processing of the refund will take
between 2 and 4 weeks.
is a communications platform that enables the connection between Students and
Teachers. Fluteland.com participates in the interaction between Students and Teachers
by collecting payment of the Teachers delivering services through the Site. If
there are any issues with advice or service received or payment due, Student must
act through Fluteland.com to resolve any disputes. Fluteland.com makes no representations
about the suitability, reliability, timeliness, and accuracy of the information,
advice, or services provided by Teachers through the Site whether in public, private
or offline interactions. Due to the nature of the Internet, Fluteland.com cannot
confirm that each Student or Teacher is who they claim to be. However, Fluteland.com
has established a careful Teacher screening program to assist Students in receiving
instruction from qualified Teachers.
You warrant that you are at least 18 years of age and possess
the legal authority to enter into this agreement and to use the
services offered on this Site in accordance with all terms and
conditions herein. Our services are available only to individuals
who can enter into legally binding contracts under the law. Without
limiting the foregoing, our services are not available to minors.
Student hereby agrees to supervise usage by, and be responsible
for the actions of, any minors who use your computer and/or account
to access Fluteland.com. Student should always supervise Student's
children's use of the Internet. For information about commercial
products to assist Student in filtering material on the Internet
that Student finds harmful, please see http://www.worldvillage.com/wv/school/html/control.htm or other sites with information on filtering products. In addition,
if Student resides in a country which is prohibited by law, regulation,
treaty or administrative act from entering into trade relations
with the United States or its citizens, Student may not use this
Site. Such countries include Cuba, Iran, Iraq, Libya, North Korea,
Serbia, Syria and Sudan, among others.
Site and services contained herein may be used to find, select, and connect with
Teachers for the purpose of receiving or delivering instruction, Teaching, and
advice. No person may use this Site to recruit, solicit, or contact in any form
Teachers or Students for employment or contracting for a business not affiliated
with Fluteland.com without written permission from Fluteland.com.
Account, Password and Security
Student is entirely responsible for maintaining
the confidentiality of any password and account provided by Fluteland.com for
accessing the Site, and is fully responsible for all activities that occur under
Student's password or account. Student agrees to immediately notify Fluteland.com
of any unauthorized use of Student's password or account or any other breach of
security. Fluteland.com will not be liable for any loss that you may incur as
a result of someone else using Student's password or account, either with or without
your knowledge. However, you could be held liable for losses incurred by Fluteland.com
or another party due to someone else using Student's account or password. You
may not use anyone else's account at any time, without the permission of the account
OWNERSHIP OF INTELLECTUAL PROPERTY
software, design, text, images, photographs, illustrations, audio clips, video
clips, artwork, graphic material, or other copyrightable elements, and the selection
and arrangements thereof, and trademarks, service marks and trade names (the "Material")
are the property of Fluteland.com, Inc. and/or its subsidiaries, affiliates, assigns,
licensors or other respective owners and are protected, without limitation, pursuant
to U.S. and foreign copyright and trademark laws. Fluteland.com hereby grants
Student a personal, revocable, non-perpetual, non-exclusive, non-assignable and
non-transferable license to use the Site provided that Student does not (i) copy,
modify, create a derivative work of, reverse engineer, reverse assemble, decompile
or otherwise attempt to discover any source code, (ii) modify or attempt to modify
the Site in any manner or form. You agree not to reproduce, modify, create derivative
works from, display, perform, publish, distribute, disseminate, broadcast or circulate
any Material to any third party (including, without limitation, the display and
distribution of the Material via a third party website) without the express prior
written consent of Fluteland.com. Use of Fluteland.com and/or its licensors' Material
is only permitted with Fluteland.com's express written permission. Any unauthorized
or prohibited use may subject the offender to civil liability and criminal prosecution
under applicable federal and state laws.
THIRD PARTY HYPERLINKS
appearance of external hyperlinks and/or postcards generated by third parties
does not constitute endorsement by Fluteland.com, its subsidiaries or affiliates
of the opinions or views expressed by these third party websites and Fluteland.com
does not verify, endorse, or take responsibility for the accuracy, currency, completeness
or quality of the content contained at these sites. Furthermore, Fluteland.com
is not responsible for the quality or delivery of the products or services offered,
accessed, obtained by or advertised at such sites. As such, neither Fluteland.com
nor its subsidiaries and affiliates will be responsible for any errors or omissions
or for the results obtained from the use of such information contained in these
sites. Finally, Fluteland.com will under no circumstances be liable for any direct,
indirect, incidental or special loss or other damage, whether arising from negligence,
breach of contract, defamation, infringement of copyright or other intellectual
property rights, caused by the exhibition, distribution or exploitation of any
information or content contained within these third party hyperlinked sites.
agree to indemnify, defend and hold harmless, Fluteland.com, its affiliates, and
their respective officers, directors, employees, agents, licensors, representatives,
and third party providers to the Site from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of this agreement by you. Fluteland.com reserves the right to assume, at its sole
expense, the exclusive defense and control of any matter subject to indemnification
by you, in which event you will fully cooperate with Fluteland.com in asserting
any available defenses.
DISCLAIMER AND LIMITATION OF LIABILITY
SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS
IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. Fluteland.com is not responsible or liable
for any infections or contamination of your system, or delays, inaccuracies, errors,
or omissions arising out of your use of this Site or with respect to the information
and material contained on this Site. The entire risk as to the quality, accuracy,
adequacy, completeness, correctness and validity of any material rests with you.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Fluteland.com, ITS
AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,
REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR
DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE
MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Fluteland.com OR ANY THIRD PARTY.
Notwithstanding the foregoing, in no event shall Fluteland.com's aggregate liability
to you for any and all claims, damages, losses, and causes of action (whether
in contract, tort or otherwise) exceed the amount paid by Student to Fluteland.com,
if any, in the twelve (12) month period prior to any dispute.
not to hold Fluteland.com, Fluteland.com's agents and employees, officers, directors,
or participants in Fluteland.com's affiliate Service liable for any advice or
services delivered which originated through the Site or was otherwise provided
by a Teacher and releases all such persons from claims, demands and damages (actual
or consequential) of every kind and nature, known and unknown, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
Agreement will become effective immediately upon any use by Student of the Site
and shall remain effective unless terminated by either party as provided hereunder.
This Agreement contains the entire understanding and supersedes all prior understanding
of the parties hereto relating to the subject matter hereof, and cannot be changed
or terminated orally. Either party may terminate this Agreement by providing the
other with written or email notice of such termination, which shall be effective
immediately upon delivery of such notice to the other party. Fluteland.com may
terminate this Agreement immediately without notice for any breach by Student
of this Agreement or any applicable policy of Fluteland.com as posted on the Site
from time to time. Furthermore, Fluteland.com may terminate this agreement without
notice to Student by terminating the rights of Student to use the Site. In the
event of termination or expiration, the following sections shall survive: Ownership
of Intellectual Property; Indemnification; Disclaimer and Limitation of Liability;
Agreement is found to be illegal or unenforceable, the Agreement will be deemed
curtailed to the extent necessary to make it legal and enforceable and will remain,
as modified, in full force and effect. This Agreement and all matters or issues
collateral thereto will be governed by, construed and enforced in accordance with
the Laws of the State of California applicable to contracts executed and performed
entirely therein (without regard to any principles of conflict of laws), and jurisdiction
for any court action in the State of California Los Angeles County. Any notice
or other communication to be given hereunder will be in writing and given by facsimile,
postpaid registered or certified mail return receipt requested, or electronic
mail. Nothing in this Agreement shall be construed as making either party the
partner, joint venture, agent, legal representative, employer, contractor or employee
of the other. Neither party shall have, or hold itself out to any third party
as having, any authority to make any statements, representations or commitments
of any kind, or to take any action that shall be binding on the other except as
provided for herein or authorized in writing by the party to be bound.
POLICY AND COPYRIGHT NOTICE
on the Site, as modified by Fluteland.com from time to time, shall
govern any disclosure or use of Student's personal information.
Fluteland.com's Copyright Notice is also located on the Site and
shall govern the use of the intellectual property of third parties
Notice are hereby incorporated by reference and you are hereby
bound by such terms when using this Site.