This Website Terms of Use Agreement ("Terms" or "Agreement") relates to the website located at www.eemusicclass.com (the "Site"), which is owned and operated by Hal Leonard Corporation ("Hal Leonard" or "us" or "we").
By accessing or using the Site, you agree to be bound by this Agreement. If you do not agree to these Terms of Use, you may not access or otherwise use the Site or the Services.
1. PROPRIETARY SERVICES FOR REGISTERED USERS. Hal Leonard operates an electronic platform/system that enables students, parents, teachers and administrators of educational institutions to access and use certain online products and services offered by Hal Leonard (the "Services") through the Site. To access and use the Services you will be required to register on the Site and/or through your educational institution. If you register to use the Services on behalf of your educational institution, you will be required to agree to additional terms and conditions in connection with the registration process (the "Services Agreement").
2. MODIFICATIONS TO THE SITE AND SERVICES. Hal Leonard reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Site or any content contained therein for any reason and at any time without notice to you. Hal Leonard is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this Website.
3. CONTENT AVAILABILITY. Content available for download on the Site, whether provided by Hal Leonard or a third party may be unavailable or subject to change without prior notice. Hal Leonard shall not be responsible or liable for the unavailability of, or changes made to, any content on the site.
4. CONTENT DESCRIPTIONS. Hal Leonard attempts to describe the downloadable content offered on the Site as accurately as possible. However, Hal Leonard does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free.
5. CONTENT USAGE. Your EEMC subscription grants you the right to use Site content with your students as part of in-person or virtual face-to-face instruction via secure means. Guidelines on distance learning are available here. No additional licensing is needed for use of EEMC background tracks as the accompaniment to school performances. Use of Site content in live streaming or on-demand recorded performances outside of an instructional classroom setting or otherwise publicly accessible is not permitted under your EEMC subscription. To request licensing for non-instructional live or on-demand audio and/or video use of EEMC content, please contact Hal Leonard at www.halleonard.com/licensing.
6. DISCLOSURE AND USE OF YOUR COMMUNICATIONS. Any information provided to Hal Leonard by you, or collected by Hal Leonard through the use of the Site will be maintained in accordance with Hal Leonard's Privacy Policy. You agree to be solely responsible for providing accurate, current, and complete information about you as requested by Hal Leonard or its affiliates or service providers.
7. CHILDREN UNDER 13. In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age. If an educational institution with students that are under thirteen (13) years of age uses our Services, the educational institution may provide us with personally identifiable information about its students. Hal Leonard uses that information to provide the Services to the educational institution and its students, consistent with our Privacy Policy.
8. INTELLECTUAL PROPERTY. Hal Leonard is the owner and/or authorized licensee of all trademarks, logos, service marks and trade names (collectively the "Trademarks") on the Site, and all copyrightable content and/or information on the Site. Except as otherwise expressly provided herein, or pursuant to this Agreement, your use of the Site does not grant to you a license to any content or materials you may access on the Site. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder.
9. COMMUNICATIONS TO HAL LEONARD. Any information you provide to Hal Leonard, whether by email or otherwise, should not contain confidential information. Please refer to our Privacy Policy with regard to how we handle your personal information. With respect to all e-mails you send to us, including but not limited to feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information. Hal Leonard does not and cannot review all communications and materials posted to or created by users accessing the Services (hereinafter, "User Generated Content"), and is not in any manner responsible for the content of the User Generated Content. Hal Leonard reserves the right to block or remove communications or materials that it determines to be in violation of our Community Guidelines or is offensive or otherwise unacceptable to Hal Leonard in its sole discretion.
10. USER CONDUCT. While using the Site and the Services, you agree not to:
impersonate any person or entity or misrepresent your affiliation with any other person or entity;
attempt to gain unauthorized access to other computer systems through the Site;
obtain or attempt to obtain unauthorized access to computer systems, materials, information or any Services made available on or through the Site through any means;
use the Site or the Services or features in violation of Hal Leonard's or any third party's intellectual property or other proprietary, personal or legal rights;
use the Site or the Services in violation of any applicable law;
attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any content thereof, or make unauthorized use thereof;
use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
11. NO WARRANTIES. HAL LEONARD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE SITE OR THE SERVICES MADE AVAILABLE ON THE SITE BY HAL LEONARD OR ANY THIRD PARTY. HAL LEONARD SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE OR THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE, THE SITE'S CONTENT, AND THE SERVICE AT YOUR OWN RISK. THE SITE AND THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. HAL LEONARD IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. HAL LEONARD RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICE AT ANY TIME WITHOUT NOTICE.
12. EXTERNAL WEBSITES. The Site may contain links to third-party websites ("External Websites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. Hal Leonard is not responsible for the content of any linked External Websites and does not make any representations regarding the content or accuracy of materials on such External Websites.
13. INDEMNIFICATION. You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Hal Leonard Content, the Site, or the Service. Hal Leonard shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. Hal Leonard reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
14. COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS. Hal Leonard honors the intellectual property rights of others. If you believe that your work has been copied or used on this site in a way that constitutes copyright or trademark infringement, please notify Hal Leonard by following the procedure set forth in the following section. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, Hal Leonard will remove such actual or alleged infringing products from the site pending our investigation.
15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT / TRADEMARK INFRINGEMENT. If you believe that your work has been copied, distributed, or used by Hal Leonard in a way that constitutes copyright or trademark infringement, please provide Hal Leonard with the written information specified below. Please note that this procedure is exclusively for notifying Hal Leonard of your belief that your copyrighted material or trademark(s) has been infringed.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
(b) a description of the copyrighted work or trademark that you claim has been infringed;
(c) a description of the site location of the claimed infringing material, including the ID number, if applicable;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good-faith belief that the claimed infringing use is not authorized by the copyright or trademark owner, its duly authorized agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on the copyright or trademark owner's behalf.
Notices should be sent to: Hal Leonard Corporation 7777 West Bluemound Road Milwaukee, WI 53213 legal@halleonard.com
16. COMPLIANCE WITH APPLICABLE LAWS. Hal Leonard controls and operates the Site from its offices in the United States of America. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
17. TERMINATION OF THE AGREEMENT. Subject to the terms of the Services Agreement, if applicable, Hal Leonard reserves the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Services and/or all or any part of the Site, at any time and for any reason without prior notice or liability.
18. MISCELLANEOUS. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "Intellectual Property," "Communications to Hal Leonard," "No Warranties," "Indemnification," "Termination of the Agreement," and "Miscellaneous." Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.