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Terms and Conditions

These Terms of Use (the “Terms”) set out the conditions under which you may use the Bluesharmonica.com website and the services (collectively referred to as the “Service”) and content posted or made available to you (the “Content”) as a result. By using the Service, or accessing the Content, you represent that you have read these Terms, are of the legal age of consent and will comply with the requirements stated herein. If you do not agree to these Terms, you may not use the Service. If you violate any of these Terms, we may terminate your access, and ability to access or use, the Service or Content at any time without notice. We may change these Terms from time to time, with or without notice. We will post any changes at www.bluesharmonica.com.com/termsofuse; it is your responsibility to be in compliance with the current Terms. These Terms are in addition to any other relevant policies which we post on our website, as well as any individual agreement(s) that you may have with bluesharmonica.com.

USE OF THE SERVICE AND CONTENT

You may only use the Service for your personal, educational use and in compliance with applicable law. You may not resell the Service, or any part of it including any Content made available to you, or otherwise copy, sell, rent, distribute or republish the Content without the express consent of the owner or copyright holder thereof, or as may otherwise be allowed by applicable law.

The Content made available is protected by United States and international copyright laws and treaties. You may not alter, modify or otherwise interfere with the Content itself or the trademark or ownership identification contained within any Content, or on the bluesharmonica.com website.

You further agree that you will not use the Service or Content made available to:

  1. violate any applicable law;
  2. annoy, harm, molest, threaten or invade the privacy of any other person or entity;
  3. engage in illegal or inappropriate contact or conduct with person under the age of 18;
  4. solicit personal information from any other person, particularly anyone under the age of 18;
  5. attempt to interfere with the bluesharmonica.com website, network or Service, the network, website or Content of any content provider, or that of any other person or entity; or
  6. allow any other person or entity access to the Service or Content for any of the foregoing purposes.

THIRD PARTY CONTENT

We may, from time to time, allow users or third parties to post material (“Third Party Content”) or comments on the site and/or on related sites in such things as user forums and chat rooms. We do not screen, nor regularly monitor, such postings and are not responsible for such Third Party Content or comments. We expect users to comply with all applicable laws and use good judgment in their postings. We will remove or block any Third Party Content or comments that we believe, in our sole discretion, are illegal, inflammatory, defamatory, violate the rights of any other user or any third party, or otherwise violate the conditions of the use of this site. For questions or concerns about third party postings, other than situations involving copyright infringement and violations of the DCMA (see below), please contact us at info@bluesharmonica.com. We may also provide links, or refer you, to third party websites or other materials. Such links and references are for informational purposes only; we do not control, screen or monitor those sites, or the content of any information they contain and we disclaim any responsibility for their completeness or accuracy.

ACCESS TO THE SERVICE

Use of the Service is on a paid, subscription basis. Subscription fees are paid monthly, in advance. In order to subscribe, you must open an account with PayPal and use one of the methods through that service to pay the monthly subscription dues. In the event your PayPal account is discontinued, or your authorization for the payment of the subscription dues ceases for any reason, your ability to use the Service will be terminated. Setting up a personal PayPal account is at no charge to you. We have chosen PayPal because it helps protect your privacy; we do not have access to your credit card, and other financial, information that you provide to PayPal. For more information about PayPal, and how their service works, please visit www.paypal.com. In addition, you will need to register with us and provide certain information as stated during the registration process. We understand and value your privacy and will only use your personal data in accordance with the terms of our privacy policy. For information about our Privacy Policy, please refer to www.bluesharmonica.com/privacy. Upon termination of your subscription, or access to the site or Service, for any reason, you will no longer be charged for the monthly subscription fees after the expiration of the most recent period for which the fees have been paid. If you wish to voluntarily terminate your subscription, you must give us at least fifteen (15) days notice before the beginning of your next subscription period. Subscriptions that are terminated without sufficient notice will be charged for the next subscription period; in addition, subscriptions terminated without sufficient notice, or for a violation of these Terms of Use, will not receive a refund of any fees already paid.

COMPLIANCE WITH DMCA

Bluesharmonica.com complies with the requirements of the Digital Millennium Copyright Act (17 USC 512). Upon proper notification, Bluesharmonica.com will remove content that violates applicable copyright laws. If you believe any of the Content infringes your copyright(s), you should notify us of the claimed infringement and provide us with sufficient information to be able to identify the Content at issue and take corrective action. At a minimum, you should:

  1. identify the copyrighted work you claim have been infringed. If there are multiple works covered in the same notice, you should provide a representative list of those works;
  2. identify the Content that you claim is infringing with sufficient information to enable us to locate the material;
  3. provide us with sufficient information to contact you, including a physical address, telephone number, facsimile number and email address, if available;
  4. a statement by you, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner’s behalf, and that the information provided in the notice is accurate;
  5. a statement by you that you have a good faith belief that use about which you are complaining is not authorized by the copyright owner, the owner’s authorized agent or otherwise allowed by applicable law; and
  6. your physical or electronic signature.

All notices should be sent to Bluesharmonica.com’s designated agent as follows:

Bluesharmonica.com ATTN: DMCA Compliance Agent PO Box 1723 Morgan Hill, CA 95038 Email: info@bluesharmonica.com

Do not send notices or questions that are not related to copyright infringement to our designated agent.

DISCLAIMER OF WARRANTIES

BLUESHARMONICA.COM HAS NO CONTROL OVER THE CONTENT PROVIDED BY THIRD PARTIES AND MADE AVAILABLE THROUGH THE SERVICE. BLUESHARMONICA.COM IS NOT RESPONSIBLE FOR NATURE OR ACCURACY OF ANY CONTENT AND ANY USE OF, OR RELIANCE UPON, THE SERVICES AND CONTENT IS “AS-IS” AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, BLUESHARMONICA.COM DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THE WEBSITE, SERVICES OR CONTENT WILL BE SUITABLE FOR YOUR INTENDED NEEDS, UNINTERRUPTED, ERROR-FREE OR ACCURATE.

WE ASSUME NO LIABILITY, AND DISCLAIM ALL RESPONSIBILITY, FOR;

  1. PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THE SERVICES OR CONTENT;
  2. UNAUTHORIZED ACCESS TO OUR SYSTEM, SERVERS OR NETWORK (INCLUDING ANY AND ALL PERSONAL INFORMATON STORED THEREIN); AND
  3. ANY VIRUSES, WORMS, TROJAN HORSES OR OTHER MALICIOUS CODE CONTAINED IN ANY CONTENT OR TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, BLUESHARMONICA.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND SUPPLIERS WILL NOT BE LIABLE TO ANY PARTY, UNDER ANY THEORY OF LIABLITY (WHETHER STATUTORY, CONTRACT, TORT, OR OTHERWISE) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED, NOR FOR ANY DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST GOODWILL OR LOST USE OF DATA, EVEN IF BLUESHARMONICA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR KNEW OR SHOULD HAVE KNOWN OF SUCH POSSIBILE DAMAGES. IN NO EVENT WILL BLUESHARMONICA.COM’S LIABILITY FOR DIRECT DAMAGES EXCEED THE AMOUNTS PAID BY YOU FOR THE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE JURISDICTIONS, BLUESHARMONICA.COM’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW.

FORCE MAJEURE

Under no circumstances will bluesharmonica.com be liable for any failure or delay in performance due to acts beyond its reasonable control, including without limitation, telecommunications errors or failures, equipment failures, strikes, war, civil unrest, natural disasters, orders of governmental, judicial or regulatory bodies, acts of God, or failure of performance by third parties.

INDEMNITY

You agree to indemnify, defend and hold harmless bluesharmonica.com (including its officers, directors, employees, shareholders and authorized contractors and agents) from any and all costs, losses, demands, disputes, legal actions and damages of any kind (including reasonable attorneys’ fees and costs of experts and consultants) arising from claims by any third party connected with your use of the Service or Content, your violation of any applicable law or these Terms.

MODIFICATIONS AND TERMINATION OF SERVICE

Bluesharmonica.com reserves the right, with or without notice, to modify or discontinue the Service for any reason, as well as, to restrict or terminate your use of the Service for a violation of these Terms. Any failure by us to enforce any right or provision of these Terms in a particular instance shall not constitute a waiver of the right to do so in any other instance.

SEVERABILITY

In the event a court of competent jurisdiction determines any provision of these Terms is invalid or unenforceable, the remaining provisions shall be valid and enforced to the fullest extent possible.

CHOICE OF LAW AND VENUE

These Terms shall be governed by the laws of the State of California without regard to its conflict of laws principles. You further agree that any legal actions may only be brought in the state or Federal courts serving Santa Clara County, California and that you submit to the personal jurisdiction of such courts.

QUESTIONS ABOUT THIS SITE

For any questions or problems with this site, other than those described above, please contact us info@bluesharmonica.com