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Terms of use

Preplesson Terms of Use

Last update

15.02.2016

Welcome to www.preplesson.com the web site and online service of Preplesson, “Preplesson”, “we”, or “us”.

This page explains the terms by which you may use our online services, web site, and software provided on or in connection with the service collectively the "service". By accessing or using the service, you signify that you have read, understood, and agree to be bound by these terms of use “terms” and to the collection and use of your information as set forth in our Privacy Policy http://www.preplesson.com/en/privacy, whether or not you are a registered user of our service. This Agreement applies to all visitors, users, and others who access the service.

This agreement containers a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

We may make changes to these terms from time to time. When we do, we will revise the "last updated" date given above. It is your responsibility to review these terms frequently and to remain informed of any changes to them. The then- current version of these terms will supersede all earlier versions. You agree that your continued use of our services after such changes have been published to our services will constitute your acceptance of such revised terms. If you do not agree to any of these terms or any future terms of use, do not use or access (or continue to access) the service.

Use of our service

Who can use our service

You may use the service only if you can form a binding contract with Preplesson, and only in compliance with these terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the service by anyone under 13 is strictly prohibited and in violation of these terms. The service is not available to any users previously removed from the service by Preplesson.

Creating and using an account

Your Preplesson account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users. If you open a Preplesson account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this agreement, and that you agree to this agreement on the entity's behalf. By connecting to Preplesson with a third- party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log- in credentials for that service. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Preplesson immediately of any breach of security or unauthorized use of your account. Preplesson will not be liable for any losses caused by any unauthorized use of your account.

Controlling an account

You may control your user profile and how you interact with the service by changing the settings in your settings page. By providing Preplesson your e- mail address you consent to our using the e- mail address to send you service- related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your e- mail address to send you other messages, such as changes to features of the service and special offers. If you do not want to receive such e- mail messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving e- mail messages regarding updates, improvements, or offers.

License to use our services

Subject to these terms, we grant to you a limited, personal, non-exclusive, non-transferable, freely revocable license to use the service for your personal, non-commercial use and not for resale or further distribution and only as permitted by the features of the service. Preplesson reserves all rights not expressly granted herein in the service and the Preplesson Content (as defined below). Preplesson may terminate this license at any time for any reason or no reason.

Except for your user content, the service and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content belonging to other users “Preplesson content”, and all intellectual property rights related thereto, are the exclusive property of Preplesson and its licensors (including other users who post user content to the service). Our services are protected by applicable intellectual property laws, including United States copyright law and international treaties.

Except as otherwise explicitly provided in these terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our services or Preplesson content; (ii) rent, lease or sublicense access to any of our services or Preplesson content; or (iii) circumvent or disable any security or technological features or measures of our services.

Access to our services

We do not provide you with the equipment to access our services. You are responsible for all fees charged by third parties related to your access and use of our services (e.g., charges by Internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our services.

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any of your user content or any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our services at any time, for any or no reason, with or without prior notice, and without liability.

Fees for the use of our services

For all purchased resources and services, we will charge your credit card, debit card, or other method of payment on a credit basis. You purchase any amount of credits and use these credits to pay for lessons. Charges are exclusive of taxes. You are solely responsible for (i) paying all taxes and government charges to the fullest extent permitted by law. (This does not affect your credit card issuer rights). Charges are solely based on our measurements of your use of our services.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the service at the prices in effect when such charges are incurred.

You may cancel your Preplesson account at any time; however, there are no refunds for cancellation. To the fullest extent permitted by law, refunds (if any) are at our discretion and only in the form of credit for our services. In the event that Preplesson suspends or terminates your account or these terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the service, any content or data associated with your account, or for anything else. Any outstanding balance on your account becomes immediately due and payable upon termination of these terms for any reason.

Nothing in these terms obligates us to extend credit to you or any third party. You acknowledge and agree that any credit card and related billing and payment information that you provide to us may be shared by us with companies who work on our behalf, such as third- party payment processors and/ or credit agencies, solely for the purposes of checking credit, effecting payment to us and servicing your account. We may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. We shall not be liable for any use or disclosure of such information by such third parties.

We may change our fees and payment policies for our services by notifying you at least fifteen days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL we may provide from time to time). By continuing to use of the services after receiving such notice, you agree to any changes to the fees or payment policies.

You may not create multiple accounts to simulate or act as a single account or otherwise access our services in a manner intended to avoid incurring fees.

Restrictions

You must comply with all applicable laws when using our services. Except as may be expressly permitted by applicable law, or as Preplesson may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our service or compile or collect any Preplesson content or other users' user content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our service or to store, copy, modify, distribute, or resell any Preplesson content or other users' user content ; (iii) rent, lease, or sublicense your access to our service to another person; (iv) use any service, Preplesson content or other users' user content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our service; (vi) use our service in a manner that overburdens, or that threatens the integrity, performance, or availability of, our service; (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our service, Preplesson content or other users' user content; (viii) transmit spam, chain letters, or other unsolicited email; (ix) use the service for any commercial solicitation purposes; or (x) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.

Accessing the content available on the service for any purpose or in any manner other than streaming is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the service to a user's device in such a manner that the data is intended for real- time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.

Privacy policy and security

We may collect registration and other information about you through our services. Our collection and use of this information is governed by our privacy policy, available at http://www.Preplesson.com/en/privacy. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Linking to our services

Framing of our services within or as part of any third- party services, or any other manner of incorporating parts of our services as part of another web site or service, is not permitted without our prior written consent.

User postings to our services

User content

You may have the opportunity to post information and content on the service. Any content a user submits, posts, displays, or otherwise makes available on the service, which originates from a particular user, including all intellectual property rights therein, is referred to as that user's "user content." You grant us a perpetual, non- exclusive, fully paid, royalty- free, irrevocable, sub licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of all such user content and your name, voice, and/or likeness as contained in the user content, in whole or in part, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party, for use in connection with the service and Preplesson's business, including without limitation for promoting and redistributing part or all of the service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the service a non- exclusive license to access your user content through the service, and to use, reproduce, distribute, display and perform such user content as permitted through the functionality of the service and under these terms.

By posting or providing any user content, you represent and warrant that public postings and use of your user content by us will not infringe upon or violate the rights of any third party, including without limitation any intellectual property rights, rights of publicity or rights of privacy.

Other users' user content on the service

Preplesson takes no responsibility and assumes no liability for any user content that you or any other user or third party posts or sends over the service. You are solely responsible for your user content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your user content. You understand and agree that you may be exposed to user content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Preplesson shall not be liable for any damages you allege to incur as a result of user content.

Third party links

The service may contain links to third- party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Preplesson. Preplesson does not endorse or assume any responsibility for any such third- party sites, information, materials, products, or services. If you access a third party website from the dervice, you do so at your own risk, and you understand that these terms and our privacy policy do not apply to your use of such sites. You expressly relieve Preplesson from any and all liability arising from your use of any third- party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Preplesson shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Use policies and service rules

You are solely responsible for any content and other material that you submit, publish, transmit, or display on our services.

You will not use our services to: (i) upload, post, e- mail, or otherwise transmit any user content that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any user content that you do not have a right to transmit 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); (v) upload, post, email or otherwise transmit any user content that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, e- mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other forms of solicitation; (vii) upload, post, e- mail, or otherwise transmit 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; (viii) 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 services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another user; or (xi) collect or store personal data about other users.

Trademarks

"Preplesson," the Preplesson logo, and any other product or service name or slogan displayed on our Services are trademarks of Preplesson and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Preplesson or the applicable trademark holder. You may not use any metatags or any other hidden text utilizing "Preplesson" or any other name, trademark or product or service name of Preplesson without our prior written permission. In addition, the look and feel of our services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Preplesson and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

Feedback

We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services “Feedback”. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the feedback without any additional compensation to you, and/ or to disclose the feedback on a non- confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Preplesson does not waive any rights to use similar or related ideas previously known to Preplesson, or developed by its employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the feedback you provide to us in any way, including in future enhancements and modifications to our services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sub licensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

Disclaimer of Warranties

Your use of the services and the service content is at your sole risk. The services and the service content each are provided on an as is and as available basis. We and our suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose, title, and non- infringement. We do not guarantee the accuracy, completeness or usefulness of the services or any service content and you rely on the services and service content at your own risk. Any material that you access or obtain through our services is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of date that results from the download of any material through our services.

No advice or information, whether oral or written, obtained by you from us or through or from our services will create any warranty not expressly stated in these terms.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Preplesson be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, date or other intangible losses resulting from your use of our services and service content.

Under no circumstances will Preplesson be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

The service is controlled and operated from its facilities in the United States. Preplesson makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the service are solely directed to individuals, companies, or other entities located in the United States.

Indemnity

You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability arising from (i) your use of the services, including any data or content transmitted or received by you; (ii) your violation of these terms; (iii) your violation of any rights of a third party ; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your user content or any that is submitted via your account; or (vi) any other party's access and use of the service with your unique username, password or other appropriate security code.

DMCA Notice

Since we respect artist and content owner rights, it is Preplesson' policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the service, please notify Preplesson' copyright agent as set forth in the DMCA.

In accordance with the DMCA and other applicable law, Preplesson has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Preplesson may also at its sole discretion limit access to the service and/ or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Legal Notices

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Preplesson without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Arbitration

In the unlikely event that Preplesson has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Preplesson claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof claims, by binding arbitration by the American Arbitration Association ("AAA") in the city of New York City, New York under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Preplesson from seeking injunctive or other equitable relief from the courts as necessary to protect any of Preplesson' proprietary interests.

Notification Procedures

Preplesson may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Preplesson in our sole discretion. Preplesson reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these terms.

Entire Agreement/ Severability

These Terms, together with any amendments and any additional agreements you may enter into with Preplesson in connection with the service, shall constitute the entire agreement between you and Preplesson concerning the service. If any provision of these terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.

No Waiver

Our failure to enforce any right or provision in these terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

Contacting Us

If you have any questions or concerns about our services or these terms, you may contact us at: support@preplesson.com

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