Thank you for visiting the official website (“Site”) of Consonus Music Institute, LLC, (“CMI”).
1. Parties to this Agreement. The terms “you” or “your” in this Agreement refer to the user (“User”) who is visiting, accessing, or using the website in any manner. The terms “we”, “us”, or “our” in this Agreement refer to CMI and authorized agents of CMI (collectively “Our Organization”). CMI is a limited liability company organized under the laws of the state of Utah, USA.
3. General Use Rules. You agree to abide by the Rules governing usage of the Site.
- a. You shall not post, communicate, upload, e-mail, transmit, distribute, or otherwise make available:
- any material or content that infringes and/or violates any right of a third party (including its intellectual property and proprietary rights) or any law;
- any material or content that contravenes any Federal law or laws of the state of Utah regarding discrimination of any sort, or is calculated to deliberately, mischievously, recklessly or otherwise offend against the spirit and intent of such laws;
- any material or content that may be construed as being mischievous, unduly aggressive, subversive or promoting or denigrating any political cause or grouping;
- any harassing, slanderous, libelous or derogatory information or content;
- any advertisements for products or Site, “junk mail”, spam, chain mail, pyramid schemes, or other form of commercial or illegal solicitation.
- any obscene, racist, vulgar, discourteous, indecent or sexually explicit language or images, onto any of the Site, including all upload channels provided by us;
- b. You shall not:
- harm, or attempt to harm, lure or deceive minors in any way, intentional or otherwise;
- create or use a false identity for the purpose of misleading others;
- collect or store personal data about other users;
- interfere with, or disrupt, the operation of the Site, related services, or servers or networks connected to, or used in connection with the operation of the Site.
- disobey any requirements, procedures, policies or regulations established by the owners or operators of any networks, hardware, or software connected to, or used in connection with the operation of the Site, or any requirement that we post on the Site;
- post or disclose phone numbers, addresses, Social Security numbers, or any other private information, relating to any other person or entity (e.g. brands, organizations, etc.).
- c. You are responsible for the use of the Site, for anything you post to the Site, and for any consequences thereof.
- d. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control content posted via the Site and we cannot take responsibility for such content. Any use or reliance on any content or materials posted via the Site or obtained by you through the Site is at your own risk.
4. Account Set Up and Types. CMI offers a Teacher Account and a Student Account. If you are a teacher or represent a business, you are expressly authorized to create a Teacher Account and create, or invite a Student to create, a Student Account for themselves. If you are not a teacher or representing a business, you are prohibited from creating accounts for anyone other than yourself.
- a. Teacher Accounts. CMI provides a Teacher Account when you (1) provide the necessary information about you and/or your school or business when registering the Account and (2) accept this Agreement. Using your Teacher Account, you may create student accounts yourself or invite students to create an account for themselves by giving them the access code for your class and having them register on the Site. You will be responsible for any activities, including any violation of the Terms that occur under Student Accounts created using your Teacher Account.
- b. Student Accounts. To create a Student Account, you must (1) be provided with an access code by a Teacher, (2) provide us with the data requested in the registration form, and (3) accept this Agreement.
- c. Registration. In registering for CMI’s services, you agree to (1) provide true, current, and complete information; and (2) maintain and promptly update the information to keep it true, current, and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security. You agree not to create or access an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use CMI Materials if your Account has been previously terminated by CMI or you have been previously banned from using any CMI services.
- d. Passwords. You are responsible for safeguarding and regularly changing (prompted or not) the password that you use to access the Site and for any activities or actions under your password. You are responsible for safeguarding any Student password that you may have.
- e. Safety & Security. We shall not be liable for any loss or damage from your failure to comply with safety and security recommendations.
We reserve the right to refuse access to the Site to any legal and/or natural person for any reason at any time.
Interactive Participation and User Posted Information and Content
5. Posting Materials to Site. By posting materials to and/or communicating with other Users on the Site or in an Interactive Communication, you represent and warrant to us that: (a) you have all necessary rights to such materials, and that the posting of such materials will not infringe on any personal or proprietary rights of any third party, including its intellectual property rights; and (b) such materials are not harmful, defamatory, unlawful, threatening, obscene, lewd, lascivious, harassing, and/or contrary to the principles, tenets, and mission of Our Organization.
We reserve the right to remove or block any and all postings and Interactive Communications, including those that we have been informed, or those that we consider, to be:
- a. Defamatory, libelous, slanderous or disparaging of, or insulting to, any person, group or entity; abusive or hateful; obscene, lewd, or vulgar; or contrary to, or inconsistent with, the principles, tenets, and mission of CMI;
- b. Postings or interactive communications that might be mischievous, seditious, harassing in nature or construed as stalking, or any postings that might otherwise be illegal or relate to illegal activity;
- c. Infringing on any third party intellectual property rights;
- d. Discriminatory against any religious, racial or ethnic, or other person in a protected class under federal or state law;
- e. Seeking to directly or indirectly, subvert, promote or denigrate any person or group;
- f. Commercial solicitation.
Any such content or communications will be deleted and may be made available to the proper law-enforcement officials. We reserve the right, in our sole discretion, but have no obligation to vary, amend or remove the materials for any reason at any time and you agree that no liability shall attach to us as a result thereof.
6. Ownership in Posted Material. By uploading or communicating any materials, ideas or submissions to any of our Site, or submitting any materials to us in any other manner, you automatically grant (or warrant that the owner of such materials expressly granted) to us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials, or to incorporate such materials into any form, medium, or technology now known or later developed.
Ownership of Intellectual Property of This Site and Materials
7. Trademarks, Copyright and Intellectual Property Ownership. We use names, marks, brands, design marks, slogans, logos, designs, trade dress and trade names on the Site or with the Site “Our Trademarks”. We own all Trademarks, the Content, and other information displayed and posted on, contained in, and/or provided in connection with, the Site and/or the Site (collectively, Our Materials). Also, third parties may have allowed us to post or use their materials and Trademarks on Site (“Third Party Materials”). We refer to Our Materials and Third Party Materials collectively as the “Materials”.
8. Copyright Notice. Unless otherwise stated or excluded, Materials contained on the Site are copyrighted materials of CMI. Copyright © 2016 CMI. All rights reserved. International copyright secured. We exclusively own, or have the right to use or license, all intellectual property in the Materials, proprietary information and know-how used with the Site. We maintain all of the web pages of the Site as a collective work under U.S. and other applicable copyright laws and protect the Site and Materials under our trademark and other intellectual property laws.
- a. You will not reproduce, edit, modify, rent, license, sell, distribute, mirror, republish, download, transmit, or create derivative works from any Materials displayed on, or made available through the Site, or in connection with the Site, in whole or in part, by any means now known or later developed;
- b. You will not modify, decompile, or reverse engineer any part of the Software;
- c. You will not copy, post or transmit any Materials that you receive from, access, or retrieve from, the Site or through the Site, to any server, or network of computers;
- d. You will not remove or modify any copyright or trademark notice, or other notice of ownership, displayed on, or affixed to, any Materials, including any copies of the Licensed Materials that you download and/or distribute; and
- e. You will not frame the Site within a mark other than that of Our Organization.
Limited License for Downloadable Materials
12. Downloadable Materials. We may identify certain materials on our Site as being downloadable (“Licensed Materials”). We grant you a limited license (the “License”) and permit you to download these identified downloadable materials subject to the restrictions of the Terms. The License permits you to view, print, post, link, and make copies of the Licensed Materials for informational, educational, non-commercial, commercial, and personal purposes, without alteration of the materials. You can use the Licensed Materials in the format in which we make them available on the Site for download. If you wish to alter the format in any way or if you have a question as to a desired use of the Licensed Materials, contact us via email at email@example.com.
The License is subject to the following additional restrictions:
- a. Trademarks, Copyright and Intellectual Property Ownership shall not be infringed.
- b. You shall not use the Licensed Materials in a manner that suggests an association with or endorsement by us, or any of our products, Site, or brands; and
- c. You shall not download quantities of Licensed Materials to a database that can be used to avoid future downloads of any of the Licensed Materials from any of the Sites.
13. Download of General Content. For the materials not clearly identified and intended as downloadable materials (“General Content”) we grant you a limited, non-exclusive license to print one copy of the General Content, without alteration for your use for informational, non-commercial, private or personal purposes only. No other use of downloaded General Content is allowed unless specifically allowed on the Site. You shall not copy any of the General Content or Materials or Content on our websites, onto another website. You may, however, access the Materials or Contents of our websites through a hyperlink.
14. Reservation of Rights. We reserve any rights not expressly granted herein.
Personal Information and Privacy of Information
17. Use by Minors
We comply with the Children’s Online Privacy Protection Act. We are concerned about the safety and privacy of all our Site’s users, particularly children. This Site is only directed to persons under the age of 18, or children under 13, to the extent that they are registered through and instructed by a Teacher with permission from a parent or legal guardian. We gather the Student/child’s name and optionally an email address. You as a Teacher and/or parent agree to provide proper supervision to your Student or child while visiting our Site. As a registered user, you as a Teacher represent that a parent or legal guardian has granted permission to their child, the Student, to register with CMI and use our services.
A parent of any minor providing information to our Site can ask to review any personal information about his/her child that we may have collected at the Site; request that we delete this information (if we still have the information in our databases); and/or instruct us not to collect or use his/her child’s information in the future.
In the absence of parental permission, you certify by using the Site or any part of the Site, that you are at least 13 years of age. If you are ordering or purchasing any product, you agree that you are 18 years of age, or at least the age of majority for purposes of entering into an enforceable contract in the jurisdiction in which you reside.
Activities Concerning Third Parties on or from the Site
18. Links to Third Party Sites from Our Site. From time to time, we may provide links on the Site that will allow you to connect with web sites of third-parties that are not under our control. We are providing these links only as a convenience to you and consequently, we assume no liability in this or any other regard. Further, there may be times while in the Site that you could be directed to sites that are beyond our control. This includes links from other organizations, sponsors or volunteers that may use our logo(s) as part of an agreement with us. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
19. No Endorsements. Links to other web sites do not imply an endorsement of the materials, products, content, ideas or Interactive Communications displayed on, or disseminated at or through those web sites, nor does the existence of a link to another of our Sites imply that the organization or person publishing at that Site endorses any of the materials or ideas at our Site. We reserve the right to disable links from third-party sites to any of our Sites at any time without prior notice.
20. Rules for Linking to Our Site. In certain circumstances, we may provide the option for you to post a link to our site from your website or other third party sites. We reserve the right to, at any time and without prior notice, ask you to remove the link should we determine it to have a negative effect on our website, search engine results or other negative impact on our users. You agree to remove the link immediately upon request.
EXCEPT FOR THE LIMITED WARRANTIES OTHERWISE EXPRESSLY STATED AND DISPLAYED ON THE SITE RELATING TO CERTAIN PRODUCTS THAT WE SELL THROUGH THE INTERNET STORE IN EXCEPTIONAL CIRCUMSTANCES, YOUR USE OF THE SITE, THE SITE, ALL CONTENT, ALL INFORMATION, AND ALL MATERIALS ARE OFFERED ON AN “AS IS” BASIS, “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, ALL INFORMATION, CONTENT, MATERIALS, THE SOFTWARE, AND THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE AND/OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS OR ERRORS WILL BE CORRECTED PROMPTLY OR AT ALL; AND/OR THAT ANY OF THE SITE, INFORMATION, CONTENT, MATERIALS, THE SITE (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF, ANY OF THE FOREGOING) WILL BE FREE OF VIRUSES, ERRORS, OR HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY COMMUNICATIONS OR MATERIALS POSTED ON OUR THE SITE OR IN ANY FORUM.
WE EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT, AND MATERIALS CONTAINED, DISPLAYED, OR POSTED ON THE SITE OR OTHERWISE AVAILABLE THROUGH OUR SITE, OR ON SITES THAT LINK TO OR FROM THE SITE. ALL SUCH INFORMATION, CONTENT AND MATERIALS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO, THE USE, OR THE RESULTS THAT MAY BE ACHIEVED THROUGH SUCH USE, OF ANY OF the SITEs, ANY PART OF THE SITE, AND/OR ANY INFORMATION, CONTENT, AND/OR MATERIALS.
AT ANY TIME AND WITHOUT NOTICE, WE MAY, FOR ANY REASON WHATSOEVER AND WITHOUT INCURRING ANY LIABILITY OR OBLIGATION TO YOU OR ANY OTHER PARTY, TERMINATE OR SUSPEND THE DISPLAY, OPERATION AND/OR PROVISION OF (A) THE-SITE (OR ANY PART THEREOF, INCLUDING ANY CONTENT, INFORMATION, AND/OR MATERIALS); (B) ANY PART OF THE SITE; AND/OR (C) YOUR ACCESS TO THE SITE OR ANY PART OF THE SITE.
22. Limitation of Liability
You are entirely responsible for maintaining the confidentiality of all Passwords and all accounts that you establish in conjunction with your use of our Sites or the Site (“Your Accounts”). You must also keep confidential the Passwords of any Students you instruct. You are solely responsible for all activities that occur under, or relating to, your Passwords and Your Accounts, and for your use of any of our Site and any part of the Site.
You hereby agree to indemnify, defend, and hold us, and our affiliates, our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”), harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of, or relating to:
- any unauthorized use by you of any Information, Content, Materials, our Site, or any part of the Site;
- your use of our Site and/or any part of the Site;
- and all activities relating to, or conducted under, your Passwords and/or Your Accounts.
You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim against you or use that is subject to indemnification by you.
You agree that in the event of any unauthorized use of our Site, any Information, Content, Materials, and/or any part of the Site, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.
25. Unauthorized Use. You acknowledge and agree that the unauthorized use of our Site, Information, Content, Materials, and/or any part of the Site could cause irreparable harm to us and/or organizations or individuals that may be associated with us worldwide. Accordingly, you agree that that in the event of any unauthorized use of our Site, any Information, Content, Materials, and/or any part of the Site, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.
27. International Use. If you access any of our Sites from outside of the United States, be advised that the Site may contain references to Information, Content, Materials, Site, products and other information and materials that may not be available, or may be prohibited, in your country. We reserve the right to limit the provision of any of our Site, any Content, any Information, any Materials, and any part of the Site to any person, geographic area or jurisdiction we so chose in the exercise of our sole discretion. The Site, or any part thereof, is void where prohibited.
You agree to comply with all local rules regarding the use of our Site (including any forum), any Information, any Content, any Materials, and any part of the Site, including any local rules regarding acceptable online conduct. You also specifically agree to comply with all applicable laws regarding the transmission of technical data or other information to or from the country in which you reside.
The sections and sub-sections of “Ownership of Intellectual Property of This Site and Materials”, “Disclaimers”, “No warranties”, “Limitation of Liability”, “Indemnity” and “Other Provisions” will survive any actual or purported termination or expiry of these Terms and shall continue in full force and effect without limitation in time.
32. Force Majeure. We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
33. Titles and Headings. Titles and headings to sections herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.