FLUTELAND.COM TERMS OF USE

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.

TERMS AND CONDITIONS:

Fluteland.com offers a range of copyrighted online material that includes video lesson material, text and multimedia learning content and tools.

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.

Online Transactions

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 Policy

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.

Face-to-Face Transactions

Fluteland.com 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.

Eligibility

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.

Prohibited Use

The 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.

Student 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 holder.

OWNERSHIP OF INTELLECTUAL PROPERTY

All site 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

The 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.

INDEMNIFICATION

You 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

THIS 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.

Student agrees 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.

MISCELLANEOUS

This 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; Miscellaneous and Privacy Policy and Copyright Notice. If any provision of this 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.

PRIVACY POLICY AND COPYRIGHT NOTICE

Fluteland.com's Privacy Policy located 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 on the Site. The terms of the Privacy Policy and the Copyright Notice are hereby incorporated by reference and you are hereby bound by such terms when using this Site.