Updated: Mar. 14, 2017 at 11:30AM MT
ACCEPTANCE OF TERMS
Please read these Terms of Use carefully before accessing or using this web site (the "Site"). By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that Kathleen's Piano Studio (KPS) may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. Violations my result in fines and or expensive litigation.
KPS may change these Terms of Use and other guidelines and rules posted on the Site from time to time with or without notice. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of the to view the then-current terms. If you breach any of the Terms of Use, you may be subject to legal action.
INTELLECTUAL PROPERTY
1. All images and other products on this Site (collectively the "Content"), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties (collectively, "Intellectual Property Laws"). Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided herein or in other written communication from KPS, KPS does not grant any express or implied permission to copy any Content. Unless otherwise stated on the web site, you agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, license, sublicense or reverse engineer the Site or any of the Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content.
KPS & OTHER LOGO/IDENTITY/TRADEMARKS
2. For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by KPS.
3. Nothing contained herein grants or shall be construed to grant you any rights to use the KPS Logo or other images on the site unless expressly conferred by these Terms of Use.
4. You agree that you will not use the afore mentioned Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or KPS.
5. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of KPS Trademarks or the Trademark rights claimed by KPS.
6. You agree that you will not use any KPS Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a meta tag, keyword, or any other type of programming code or data.
7. You may not at any time, adopt or use, without KPS's prior written consent any word or mark which is similar to or likely to be confused with KPS's Trademarks.
8. The look and feel of the KPS web site, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of KPS and may not be copied, imitated or used, in whole or in part, without the prior written consent of KPS.
9. All other trademarks, product names, and company names or logos used or appearing on the KPS web site 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 KPS, unless expressly so stated.
10. You may not use an KPS trademark, logo, Image or other proprietary graphic of KPS to link to the KPS web site without the prior written consent of KPS.
11. You may not frame or hotlink to the KPS web site or any Image without the prior written consent of KPS.
INFRINGEMENT CLAIMS
12. If you believe that any image or other material shown on the web site infringes upon any copyright that you own or control, you may notify KPS via the CONTACT FORM at the footer of each page.
LIMITATIONS
13. You agree that you shall not:
a. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of KPS or any third party.
b. Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.
c. Violate the rights of KPS or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
USE OF CONTENT
14. Certain Content will only be made available to users who purchase such Content from KPS and/or enter into a subscription agreement or other use agreement for that particular Content. Unless you purchase or enter into an agreement with KPS you may not download, distribute, display and/or copy any Content--such as training videos for games.
15. You may not remove any watermarks or copyright notices contained in the Content.
16. KPS reserves the right to revoke this option at any time for any reason.
RESTRICTION AND TERMINATION OF USE
17. KPS may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time in KPS's discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES
18. IN THE EVENT THAT KPS PROVIDES LINKS FROM ITS WEBSITE TO ANY THIRD-PARTY WEBSITE OR PERMITS ANY THIRD PARTY TO LINK FROM ITS WEBSITE TO THE KPS WEBSITE, YOU SHOULD BE AWARE THAT KPS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF KPS, AND KPS PROVIDES AND/OR PERMITS THESE LINKS ONLY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY KPS.
WARRANTIES AND DISCLAIMERS
19. THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY KPS UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, KPS MAKES NO WARRANTY THAT:
(i) THE SITE WILL MEET YOUR REQUIREMENTS;
(ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED;
(iii) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS; AND
(iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.
PERSONAL INFORMATION AND PRIVACY
20. KPS will use and protect your data, such as your name and address, in accordance with the KPS Privacy Statement -- as posted on the Policies page of the web site, the contents of which are incorporated by reference into these Terms of Use.
KPS does gather limited personal information about students, many of which are minors. This information is limited to the student's name and age. However, this information is not kept on any online database and is only included in the registration form that is sent to Kathleen Lloyd alone. Such information is carefully guarded and is NOT sold or distributed to any third-parties. Student information is used only for identification and studio use.
INDEMNIFICATION
21. You agree to defend, indemnify and hold harmless KPS, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the web site, your breach or alleged breach of the Web site Terms of Use or of any representation or warranty contained herein, your unauthorized use of the products or materials available from KPS, or your violation of any rights of another.
GOVERNING LAW AND JURISDICTION
22. This agreement is governed by and shall be construed in accordance with the laws of the State of Utah. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State, and City of Logan, Utah, and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.