Last updated July 18, 2020
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
USER GENERATED CONTRIBUTIONS
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
ArtistaCloud SITE USE AND INFORMATION
All persons purchasing and/or providing music lessons on the ArtistaCloud Platform expressly agree not to use any aspect of the Platform for any purpose other than its intended purpose as a Platform for the purchase and/or sale of lessons, and the act of conducting of lessons. Using the platforms for any other purpose is in violation with this Agreement.
Any violation of this Agreement may result in refusal of access to the Platform.
“Teacher” or "Faculty" as used here after, refers to an individual who obtains Administration's approval to provide his or her services as a music educator through ArtistaCloud. Approval of faculty members is given based on affirmation that the faculty meets the minimum criteria which are be viewable in the Teacher Requirements section.
“Teacher Profile” refers to a teacher/faculty individual page within artistacloud.com where the teacher/faculty may upload his/her individual profile content. All material is screened and approved of by the administration before appearing on the live webpage.
Subscription Requirement and Info
Subscription is intended for APPROVED FACULTY MEMBERS ONLY and required of Faculty for official platform access. Do not subscribe until notified of approval via email. Upon approval, FACULTY/SUBSCRIBER/USER may officially subscribe to the platform. Platform Subscription fee is intended for ArtistaCloud platform use as a faculty member and access to powerful third party software. Subscriber agrees to be listed on ArtistaCloud’s website with the intent to teach online lessons via ArtistaCloud’s partnered software. Subscriber may cancel any time. Subscriber is granted use of the platform until end date of monthly subscription period. Cancellation will lead to account closure and profile elimination. SUBSCRIPTION FEE IS NON-REFUNDABLE AND NON-TRANSFERRABLE DUE TO ACCESS TO SOFTWARE UPON PAYMENT. ARTISTACLOUD DOES NOT GUARANTEE LESSONS BOOKED FOR SUBSCRIBER. USER IS SOLELY RESPONSIBLE FOR UNDERSTANDING PLATFORM USE AND RISK. USER AGREES TO MONTHLY RECURRING CHARGES UNLESS PERSONAL DECISION TO CANCEL OR OTHERWISE NOTIFIED BY ARTISTACLOUD.
ArtistaCloud SITE USE AND INFORMATION (continued)
The Platform and its Users
As a user and/or provider, keeping constant punctuality is of the utmost importance concerning your use of the Platform for its intended Purpose (taking/giving Lessons).
All Faculty/Teachers within the Platform are independent contractors offering online lessons to students and are not considered employees of ArtistaCloud. ArtistaCloud Administration does not supervise Teachers or provide direction to Teachers concerning how to teach Lessons through the Platform.
Faculty/Teachers set their own prices, availability, and schedule for the Lessons offered through ArtistaCloud. Administration reserves the right to audit Lessons for Platform safety and stability purposes.
Operator reserves the right to delete your account or limit or deny you access to the Platform at any time for any reason or no reason.
You may not use the ArtistaCloud Platform to create business of any kind for yourself that takes place outside of the Platform.
ArtistaCloud does not condone posting of audio or video recordings of lessons onto any third-party media-hosting website (e.g., SoundCloud, YouTube, or Vimeo). Teachers and Students may use Lessons only for the Purpose of the Platform (i.e., teaching or learning music), and Teachers and Students may not use the Platform in an unduly personal manner unrelated to the Purpose of the Platform (e.g., stalking or harassing or inquiring about personal matters related to other users of the Platform). Users who do not abide by this paragraph may have their Lessons cancelled without a Refund and/or have their access to the Platform denied.
Interactions with Other Platform Users
1. You are solely responsible for your interactions with other Platform users, including without limitation Teachers, Students, prospective Teachers, and prospective Students. ArtistaCloud makes no representations or warranties as to the conduct of Platform users and shall not be in any way liable for any conduct of any Platform user. All users agree to take reasonable precautions in all interactions with other users of the Platform, particularly if you decide to meet any Platform user offline or in person. You may not provide your financial information (for example, your credit card or bank account information) to any other Platform user.
2. Release. You hereby release ArtistaCloud from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other users of the Platform. FURTHER, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ARTISTACLOUD HAS NO DUTY TO MONITOR COMMUNICATIONS AND/OR INTERACTIONS TAKING PLACE ON OR THROUGH THE PLATFORM.
SEXUALLY EXPLICIT MATERIAL IS NOT ALLOWED TO BE USED IN CONNECTION WITH OR TRANSMITTED THROUGH THE PLATFORM.
The Platform is intended for use by users over the age of 18 or users under the age of 18 who are properly authorized and chaperoned by their parent and/or legal guardian and otherwise permitted by these terms.
Registration and participation on the Platform is restricted to those individuals over 18 years of age, emancipated minors, or those who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Platform, you hereby represent that you are over 18 years of age, an emancipated minor, or in possession of consent by a legal parent or guardian and have the authority to enter into the terms herein.
PARENTS AND LEGAL GUARDIANS SHOULD BE AWARE THAT ALTHOUGH ARTISTACLOUD REQUIRES USERS UNDER 18 TO REPRESENT VIA THESE TERMS THAT THEY ARE EITHER EMANCIPATED OR AUTHORIZED BY THEIR PARENTS OR LEGAL GUARDIANS, AND ARTISTACLOUD TAKES PRECAUTIONS TO PREVENT USERS UNDER 13 FROM INTERACTING WITH THE PLATFORM WITHOUT THE CONSENT OF A PARENT OR LEGAL GUARDIAN, IT IS ULTIMATELY UP TO PARENTS AND LEGAL GUARDIANS TO SUPERVISE THE ONLINE ACTIVITIES OF THEIR CHILDREN; AND PARENTAL CONTROL MECHANISMS ARE WIDELY AVAILABLE TO PARENTS AND LEGAL GUARDIANS INTERESTED IN CONTROLLING THEIR CHILDREN’S ACCESS TO MATERIALS ONLINE.
OPERATOR WILL NOT BE HELD RESPONSIBLE FOR THE ACTIVITIES OF ANY PLATFORM USERS.
If your use of the Platform exposes any user under the age of 18 to sexually explicit material and Operator becomes aware of such conduct, we will report your conduct to the appropriate authorities as we are required to do by law. Additionally, other types of conduct in violation of this Agreement may be reported to the appropriate authorities as we deem appropriate on a case-by-case basis.
Payment by the Student is completed at the time of the Lesson booking for one or multiple lessons and is made to Venti LLC.
Student must give at least 24 hours of notice prior to the time of the Lesson to be cancelled if the Student decides to switch from the originally booked Teacher or Lesson. The Administration disburses payments to Teachers after each week of completed lessons, further described in the Teacher Terms.
Payment processing used by ArtistaCloud is done through Square. Students pay Lesson prices set by their Teacher of choice for use of the Platform. Credit cards such as MasterCard, Visa, or American Express can be processed through Stripe. The Student agrees to make the corresponding payment using Student’s selected payment method.
ArtistaCloud reserves the right to correct any errors or mistakes that occur during or after payment processing.
Below are the Student Terms only. To view student terms only on a seperate page, click Student Terms.
To view the teacher terms only, click Teacher Terms.
Booking a Lesson
The Student will choose from the list of available Lesson times on a Faculty Member's schedule through the third party platform, Setmore. If a Student wants to request other availability, they may contact the Administration. The Administration will contact the Teacher and the Teacher may accept or deny the Student’s availability request at the Teacher’s discretion.
A Student may schedule a Lesson up to 48 hours prior to the faculty's next available lesson time slot.
Lessons booked on ArtistaCloud are expected to occur under the conditions of date, time, and duration with selected faculty member and is to be honored by both parties. In the event that one party is unable to honor the original conditions, a rescheduling or cancellation of the lesson can occur.
Cancellations and Rescheduling
Rescheduling - Lessons are intended to occur as scheduled. Lessons can be rescheduled with appropriate notice - at least 24 hours prior to the scheduled lesson time. In the case of rescheduling a Lesson, the rescheduling party must contact the ArtistaCloud administration at least 24 hours before the scheduled lesson occurs. Administration will then communicate with both parties to arrange a new lesson time that is agreed upon by both parties.
In cases of emergency that cause faculty to be unavailabile during an 'Early Initial Booking' (First Time Customer/Student That Books A Lesson Close To 48 Hours Prior To The Booked Lesson Time), faculty may arrange a different available time by notifying and making arrangements with Administration. Administration will then try to make new arrangements with the student for a newly agreed time between the teacher and student.
Cancellations - Cancellations are handled on a case-by-case basis. To request a cancellation, please email firstname.lastname@example.org. Administration must be notified 24 hours prior to the scheduled lesson in order to be processed. Lessons cannot be cancelled after the 24 hour notice. Nonetheless, student can still choose to participate in said lesson, or otherwise forfeit the lesson tuition completely. Properly made cancellations will be assessed a partial refund only, with the assessment of a cancellation fee of $15 due to service charges.
Refunds under the ArtistaCloud Guarantee -
All requests are to be made to administration at email@example.com.
Requests for a refund will be handled on a case-by-case basis. The ArtistaCloud Guarantee occurs when a Student is dissatisfied with their first lesson purchased with a specified teacher. If dissatisfied with the first Lesson, the Student should contact administration within forty-eight (48) hours of the occurred lesson. Administration will work with the student to reschedule the lesson, find a different teacher, or issue a full refund for the Lesson price (under the ArtistaCloud Guarantee).
Puntuality between student and teacher is of utmost importance. Each party is responsible for their own attendance. The ArtistaCloud Guarantee does not apply in any case where the student missed or was late to the lesson due to student's own actions.
No refund will be issued if a student is more than ten minutes late to the lesson or does not attend a lesson under the circumstances that the student has not made arrangements with the administration and teacher regarding rescheduling. The teacher is not responsible for providing extra time lost for the lesson due to the lateness of the student. However, under the sole discretion of the teacher, the teacher may provide extra make-up time if they so choose, though teacher is not obligated to.
Parents/Students are highly encouraged to communicate with Administration and the Teachers if necessary to seek rescheduling of lessons on ArtistaCloud, and to do so as soon as possible with Appropriate Notice (24 Hours Prior To Scheduled Lesson).
Students who repeatedly cancel lessons without Appropriate Notice may have limited or denied access to the ArtistaCloud platform. In such a case, the student will no longer be able to use the platform as a student/customer.
Teachers who repeatedly cancel lessons without Appropriate Notice will have their platform access limited or denied. In such a case, the teacher will no longer be able to use the platform as a teacher.
Booking a lesson on ArtistaCloud means the student has agreed to the knowledge of the technical requirements required to use the platform. In the event that the student has inadequate hardware or bandwidth and has agreed to book a lesson after payment has been processed, ArtistaCloud will not provide a refund to student.
In addition, no refund will be issued if student acts with inappropriate conduct during the lesson. If a teacher’s conduct causes harm or inability to have a functioning lesson, the student should inform the administration. All cases and discussions concerning refunds will be handled on a case-by-case basis.
Students may seek a Full refund for a lesson cancelled by the teacher, or they may otherwise reschedule the lesson.
Granted refunds will be processed within reasonable time. To contact administration concerning a potential refund, please contact firstname.lastname@example.org.
A Computer, Laptop, Tablet, or Cell Phone with a Webcam or Front-Facing Camera (720p or higher, recommended) as well as a connected microphone for audio input.
An email Address associated with your account. Your lesson link will be found through your email, so be sure to check after booking lessons.
A Web Browser - Our platform uses Teleport Video for video conferencing. All you need is a web browser to be able to open the window for Teleport Video. For the best experience, make sure you're using a supported web browser: Google Chrome, Mozilla Firefox, Safari 12 or greater, and Microsoft Edge (Chromium build).
Internet Speed/Bandwidth Requirements:
600kbps (up/down) for high quality video and 1.2 Mbps (up/down) for HD video.
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
These Terms shall be governed by and defined following the laws of the state of Illinois. ArtistaCloud and yourself irrevocably consent that the courts of Illinois shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be __________. The seat, or legal place, of arbitration shall be __________. The language of the proceedings shall be __________. The governing law of the contract shall be the substantive law of __________.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.