Regulamin serwisu / Terms of use

Welcome to MASTERCLASSONLINE – the internet site: www.masterclassonline.pl and www.emasterclass.eu It is platform connecting students and teachers to master music lessons (together “Platform”), run by the Pro Cello Foundation based in Poznań, ul. Brzechwy 71 NIP7792324904, REGON number 300711602 and KRS 0000292242 hereinafter referred to as “Operator”, “we”, “us”, “our”.

These Terms of Use are a legally binding agreement between you and the Operator governing your interactions with the Platform and the use of it. By using the Platform, you confirm that you have read, understood and agreed to comply with these Terms of Use, including, but not limited to, the Lesson Privacy Policy and any future modifications (including the “Agreement”).

PLEASE READ THESE TERMS OF USE AND PRIVACY POLICY CAREFULLY (WHICH IS ALSO PART OF THE APPLICABLE TERMS).

IF YOU ARE AGE READ THIS TERMS OF USE AND PRIVACY POLICY ALONG WITH A LEGAL GUARD.

BY USING THIS WEBSITE, YOU DECLARE THAT YOU OR YOUR LEGAL GUARD have READ, UNDERSTAND AND AGREE TO THE CONDITIONS OF USING THE PRIVACY PROTECTION.

IF YOU OR LEGAL GUARDER (for underage students) DO NOT AGREE WITH PART OF THE TERMS OF USE OF THE PLATFORM, INCLUDING PRIVACY POLICY, DO NOT USE THE MASTERCLASSONLINE PLATFORM.

1. All persons using the Platform at any time agree not to use any element of the Platform for purposes other than intended – as a Platform for the purchase and / or sale of Lessons. If you use the Platform for any other purpose, you violate this Agreement.
2. Any violation of this Agreement may be punished, without limitation, refusal of access to the Platform
3. If you object to anything in this Agreement (including anything in the our Privacy Policies  or other applicable terms), please immediately terminate your use of the Platform
4. User Accounts.  

You must register/create an account and provide certain information about yourself in order to use some of the features that are offered through the Platform.  

You are responsible for maintaining the confidentiality of your account password.  

You are also responsible for all activities that occur in connection with your account.  

You agree to notify us immediately of any unauthorized use of your account.  We reserve the right to close your account at any time for any reason.  

Your account is for your individual use only.  

You must provide complete and accurate information about yourself when creating your account.  

You may not impersonate someone else (e.g., adopt the identity of anyone other than yourself), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.  

You may not use a pseudonym.  Please read the applicable private policy for information concerning how we handle your information.

5. Communications from Operator and other Users.  

By creating an account, you agree to receive certain communications in connection with the Platform.  For example, you might receive a message from a Student or potential student inquiring about your teaching style or availability.

You acknowledge and agree that Operator has access to and may review any message sent through the Platform’s internal messaging service for any reason or no reason, and Operator may use the information in such messages for any reason or no reason.  

You may receive marketing communications from Operator, and you can opt-out of such communications.

6. Users who have not registered with Operator are not Teachers or Students and may be denied access to areas within the Platform reserved for Students and/or Teachers.
7. Operator Materials and User Content. 

– Proprietary Rights.  Operator, and its licensors, own and retain all proprietary rights in the Platform.  The Platform contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Platform (the “Operator Materials”) that are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws.  

• Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any Operator Materials.  Operator Materials do not include User Content (as defined below) or other content submitted by users.  Operator retains all rights not expressly granted in this Agreement.  You shall not acquire any right, title or interest to the Platform or Operator Materials, except for the limited rights set forth in this Agreement.
  – “User Content” refers to any content or material of any kind emailed, uploaded or otherwise submitted by a Student or Teacher to or through the Platform or us, or provided by a Student or Teacher during or in connection with a Lesson given through the Platform.  As the Student or Teacher, you are responsible for the submitted User Content, including the accuracy thereof.  User Content does not necessarily reflect the opinion of Operator.  By submitting User Content, you grant to Operator a perpetual, non-exclusive, worldwide license to use all or part of your submitted User Content in any manner for the Purpose of the Platform.  This license granted by you shall survive any termination or expiration of this Agreement.  Operator reserves the right to moderate, remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you.  We have no obligation to retain or provide you with copies of User Content, nor do we guarantee any confidentiality with respect to User Content.  
  – The following is a partial list of the kind of User Content that is illegal or prohibited on the Platform.  Operator reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Platform and terminating the membership of such violators.  It includes, but is not limited to, User Content that:
  
  8. is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
     harasses or advocates harassment of another person;
     c. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
     d. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous;
     e. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
     f. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
     g. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
     h. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
     i. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
     j. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
     Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation User Content, made available through the Platform, but not directly by Operator, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  Operator does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Platform, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Platform.  Under no circumstances will Operator or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Platform or transmitted to or by any Platform users.
     8. “Teacher Profile” refers to the Teacher’s individual webpage within the Platform where the Teacher may upload his/her individual User Content.
     9. Recorded Lessons.  A Student or Teacher may have the option of recording a Lesson (creating a “Recording”).  Prior to initiating a Recording, the Student or Teacher seeking to record the Lesson must disclose to all others present in the Lesson that the Lesson will be recorded and obtain the consent of all such persons to the recording of the Lesson. In such a case, all parties present in the Lesson grant Operator the right to record their User Content within a Lesson to be stored and catalogued for later access the Purpose of the Platform.  Students and Teachers acknowledge and agree that: (1) Operator owns all rights (including copyright) in and to any such Recordings and Recordings generally will be used only in the manner explained further herein, (2) Recordings are intended to be used for the Purpose of the Platform (i.e., learning music), and (3) audio and/or video from such Recordings may not be posted to any third-party media-hosting website (e.g., SoundCloud, YouTube, or Vimeo) without Operator’s permission.
  9. Adequate Equipment and Bandwidth.  Use of the Platform requires you to have a computer and webcam.  

– We cannot guarantee that the Platform will function at any given time using any particular hardware or connection.  

– Connectivity greater than or equal to 6 mb/s (upload and download speed) is required to use the Platform. Optimum wireless connection 25mb/s (upload and download speed).   

– Supported: Integrated system microphones and speakers, webcam microphones.

11. Relationship between the Platform and Users.  

– The Teachers referenced in this agreement and throughout the Platform are independent contractors offering services to Students and are not employees of Operator.

12.  Operator does not supervise Teachers or provide direction to Teachers concerning how to teach Lessons through the Platform, Teachers are not the agents of Operator, and Operator is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of Teachers or from any personal injuries, death, property damage, or other damages or expenses resulting therefrom.  
    13. Teachers set their own prices, availability, and schedule for the Lessons offered through the Platform. Operator reserves the right to audit Lessons for Platform safety and stability purposes.  
    14. 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.  ).  
    15. Scheduling a Lesson.  
    – A Student may choose from the list of available Lesson times on a Teacher’s schedule.  
    – Alternatively, a Student may contact a Teacher to request other availability, 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 24 hours prior to the Lesson time; or, upon invitation from a Teacher, the Student may schedule a Lesson up until the time of the Lesson is completed.
13. Payment.  

– Payment by the Student is completed at the time of the Lesson booking for one or multiple lessons before it starts. 
– Student pays the Lesson price set by the Student’s chosen Teacher for use of the Platform via credit card (MasterCard, Visa, or American Express processed through Stripe).  

-Student agrees to pay the price set by Teacher for the Student’s chosen Lesson and authorizes Operator to charge Student’s chosen payment provider (MasterCard, Visa, or American Express) for Student’s use of the Platform in connection with each chosen Lesson, and thus Student agrees to make the corresponding payment using Student’s selected payment method.  

-Operator reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.  

– If a Student does not pay the Lesson price at the time the Platform processes payment, as set out above, the Student may be denied access to that Lesson through the Platform.
– For information concerning how a Student’s payment information is handled, please see the Privacy Policy.  

17. Rescheduling.

– Lessons are intended to occur as scheduled. Lessons can be rescheduled with Appropriate Notice. “Appropriate Notice” is at least 24 hours prior to the scheduled Lesson time.  

– In the case of rescheduling a Lesson, the rescheduling party must contact the other party to the Lesson through the Platform’s internal messaging service as soon as reasonably possible and at least 24 hours before the Lesson is scheduled to occur.
18. Cancellations.  

– Cancellation of a Lesson will take place only in extreme circumstances. To request cancellation, please contact us via email or Whatsup

–   if the student is late by more than five minutes or does not attend the lesson and the student is not he postponed the lesson to another date or agreed with the teacher, the student did not, will receive a refund for the lesson.
– Any request for a refund of Student payment for a Lesson (a “Refund”) will be handled on a case by case basis.  If, following the Student’s Lesson, the Student is dissatisfied with that Lesson, the Student should contact us within forty-eight (48) hours of the Lesson, and we will work with the Student to reschedule the Lesson, find a different Teacher, and/or refund the Lesson price, to satisfy the Student (the “Satisfaction Guarantee”).  Notwithstanding the foregoing, the Satisfaction Guarantee does not apply in any case where the Student misses a Lesson or is late to a Lesson solely due to the Student’s own actions.   

19. Promo codes:

– may be revoked at any time by us with or without notice to you, and (b) may be deemed to apply only to a specific teacher at our election with or without notice to you. 

20. Your Interactions with Other Users.
    a. You are solely responsible for your interactions with other Platform users, including without limitation Teachers, Students, prospective Teachers, and prospective Students.  Operator 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.  You 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 should not provide your financial information (for example, your credit card or bank account information) to any other Platform user.
– You hereby release Operator 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.  

21. 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.  
    22. 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.
22. 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.  

24..  You may use this Platform for lawful purposes only in accordance with the Purpose of this Platform.  

– You may not aid others in doing anything that you are not permitted to do under the Agreement.  You may not (1) submit or transmit through the Platform any content or material or (2) engage in any conduct, that Operator in its sole discretion deems:
·       a. violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
·       b. is unlawful or is otherwise objectionable in our sole discretion, including without limitation materials or conduct that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, invasive of another’s privacy, pornographic or sexually explicit, or tortiously interferes with another;
·       c. forges email headers or otherwise disguises the origin of any communication; 
·       d. sends unsolicited bulk messages within Platform’s messaging service;
·       e. uses automated “bots” to access or compile information posted in connection with the Platform; 
·       f. victimizes or harasses, degrades, or intimidates any individual or group of individuals;
·       g. impersonates any person, business, or entity;
·       h. expresses or implies that any statements you make are endorsed by Operator without our specific prior written consent;
·       i. that any statements you make and/or conduct undertaken by you are endorsed by Operator without our specific prior written consent;
·       j. “frames” or “mirrors” any part of the Platform, without Operator’s prior written authorization.  You also shall not use meta tags or code or other devices containing any reference to Operator or the Platform in order to direct any person to any other web site for any purpose;
·       k. modifies, adapts, sublicenses, translates, sells, reverse engineers, deciphers, decompiles or otherwise disassembles any portion of the Platform or any software used on or for the Platform, or cause others to do so;
·       l. encourages conduct that constitutes a criminal act or that gives rise to civil liability;
·       m. promotes any business other than the Platform or your services as offered through the Platform in accordance with the Purpose of the site; or
·       n. violates the Agreement or otherwise interferes with the rights of others. 

25. You will not use the Platform to create business of any kind for yourself that takes place outside of the Platform.
26. Modification of Terms. Operator reserves the right, in our sole discretion, to change, modify, add, or remove portions of this Agreement at any time.  Such changes will be posted on the Platform website and information about material changes will be emailed to you via the email address you have provided Operator, so it is important that you maintain a current email address with Operator.  (Your submissions of personal information, including your email address, are governed by our Privacy Policy)  Please also check the Agreement periodically for changes.  Your continued use of the Platform after the posting of changes constitutes your binding acceptance of such changes.  
27. OPERATOR DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE PLATFORM. OPERATOR DOES NOT ENDORSE ANY MUSIC PROGRAM OFFERED THROUGH THE PLATFORM.
28. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY TEACHERS OR OTHER USERS OF THE PLATFORM ARE SOLELY ATTRIBUTABLE TO THE TEACHER OR USER.
29. OPERATOR IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY TEACHERS OR OTHER USERS.
30.   OPERATOR IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE PLATFORM, WHETHER CAUSED BY USERS OF THE PLATFORM, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PLATFORM.  OPERATOR ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.  OPERATOR IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE PLATFORM.
    User Conduct.  OPERATOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM.  UNDER NO CIRCUMSTANCES WILL OPERATOR OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY, OR DEATH, RESULTING FROM ANYONE’S USE OF THE PLATFORM, ANY CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE.  OPERATOR IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OR ANY INTERACTION BETWEEN A USER OF THE PLATFORM AND ANY THIRD PARTY.  OPERATOR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM.
31. Jurisdiction.  The Platform is solely intended for use by individuals residing in the European Union. We cannot guarantee, and we make no representation that, materials within the Platform are appropriate or available for use outside the EU. Anyone accessing the Platform from a location outside the Europen Union is responsible for compliance with any applicable local laws. As with any other user, we reserve the right to limit or deny your Platform access at any time for any reason (including, without limitation, based on your geographic location).
32. The Platform may contain links to other websites especially mymusicstaff.com. We encourage you to read those third-party sites’ applicable terms of use and privacy policies.
33. FINAL PROVISIONS

– The Parties shall make every effort to ensure that any dispute arising out of performance

terminate contracts amicably. If no agreement is reached, the Parties shall submit all disputes that may arise in connection with this Agreement to the settlement of the Common Courts competent for the seat of the Platform owner.

– In matters not covered by this contract, the provisions of the Civil Code shall apply.

– Any statements or changes to (or in the implementation) of this Agreement may only be made in writing, otherwise being null and void.

– The business day in this contract means days from Monday to Friday, excluding public holidays or non-working days of church holidays

– Titles in this Agreement have been introduced solely for convenience of reference and are not bound by any normative content.

34. Claims. The User and the Operator agree that any claims may be lodged within one year of their occurrence
35. International interactions. All amounts on the Platform are denominated in PLN, and exchange rates that apply to international transactions and can be changed at any time are used by external entities processing Operator’s payments (STRIPE)

36.Contact us. If you have questions or comments regarding the terms of this Agreement, please contact MasterClassOnline
FUNDACJA PRO CELLO ul. Brzechwy 71
60-195 Poznań

PL7792324904

office@masterclassonline.pl

Tel. +48618703009 wew. 4