Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before signing up to Learn Music Together (the “Service”) at https://academy.learnmusictogether operated by Music Berries. The “us”, “we”, or “our” will be used to refer to Music Berries.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
Learn Music Together Academy is a membership site for online training, courses, resources and other content relating to playing a musical instrument, effective music practice, musical theory, performing and sight-reading (the “Service”).
Use of academy.learnmusictogether.com, including all materials presented herein and all online services provided by Music Berries, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the Site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Parties agree that the Service is in the nature of education. The scope of services provided by Music Berries according to this Agreement is limited to those listed on academy.learnmusictogether website. Music Berries reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
Use of the Site
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
By signing to the Service at https://academy.learnmusictogether.com you agree that you understand that Fiona Berry and Music Berries, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant.
You understand that you have not been promised, shall not be obligated to and will not;
(1) procure or attempt to procure employment or business or sales for us;
(2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto;
(3) act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy;
(4) act as a public relations manager
(5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure;
(6) introduce you to our full network of contacts, media partners or business partners.
You understand that a relationship does not exist between the parties after the conclusion of this membership. If the Parties continue their relationship, a separate agreement will be entered into.
Access to the membership is billed on a monthly subscription basis (“Subscription(s)”). Subscriptions will be charged in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set monthly.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it by emailing us at firstname.lastname@example.org or contacting us through this page, or Music Berries cancels it.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Music Berries with accurate and complete billing information, including full name, address, state, zip (post) code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Music Berries to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Music Berries will automatically remove your access to the Service and issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as shown on the invoice. Upon payment by the due date, you will receive access to the level of your prior approved amount.
To use the Service, you will be required to create an account. The information that you provide about yourself, including your name, email address, username and password, and other personal data must be accurate, complete and current at all times.
You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether you
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.
You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse Service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time, change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT
Once confirmed, we will provide you with access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Music Berries when there are reasonable delays in the access of the Service.
Music Berries reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this Agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, Music Berries should dissolve or cease to exist, then your access to the Service terminates.
If you are paying on a monthly subscription, this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped.
For annual subscriptions, you will receive 365 days access. You may cancel the automatic renewal of your Annual Subscription at any time, and your access to the Site will end at the end of the current contracted term.
CANCELLATIONS & REFUNDS
You can cancel your monthly Subscription at any time by emailing email@example.com. However, due to the nature of the Service no refunds will be made for any membership fees already paid, Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
No partial refunds are given should you terminate an annual subscription before your renewal date, however you will retain access to the Service until the end of your annual payment term.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
The Service and its original content, features and functionality are and will remain the exclusive property of Music Berries and its licensors. The Service is protected by copyright and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Service without the prior written consent of Music Berries. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any Materials are not so protected rests entirely with you.
You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, Music Berries may provide access to a community or social media platforms in conjunction with the Service. Music Berries is not required to provide a community platform and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and Music Berries may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening.
Music Berries will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Music Berries is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Music Berries brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Music Berries. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service.
The content you submit to Music Berries remains yours to the extent that you have any legal claims therein. You agree to hold Music Berries harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Music Berries for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Music Berries. Some of these links are compensated, or affiliate, links. If you click on the link and make a purchase, we may receive a small commission at no additional cost to you.
Music Berries has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Music Berries shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. It is your sole responsibility to periodically check these Terms for any changes. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions
If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Service.
In no event shall we be liable for direct indirect, punitive, special, exemplary, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantages) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
You have sole responsibility for adequate security protection, and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. In addition, Music Berries is not liable for damages in connection with any failure of performance, error, omission, Denial of Service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
EFFECT OF HEADINGS
The subject headings and paragraphs provided in this Agreement are solely for your convenience. They shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire Agreement between you and Music Berries pertaining to the Site and Service. It supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Music Berries shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Music Berries.
Data controller and Owner
Fiona Berry (I) operates https://learnmusictogether.com
Who is Learn Music Together
This document applies to the website and all products and services offered by Learn Music Together.
What personal data I collect and why I collect it
Information You Voluntarily Submit to the Website: I may collect personal identification information from Users in a variety of ways, including, but not limited to –
- when Users visit our Site,
- submit a form
- place an order
- subscribe to the newsletter
- respond to a survey
- leave a comment
- email us
- and connect with other activities, services, features or resources we make available on our website.
I do not seek sensitive personal information such as your race, political beliefs, religion, political associations, sexual preference, or genetic information.
I automatically collect non-personal identification information about Users whenever they interact with our website.
I use this information to monitor and improve our website. This includes information about you and the device with which you access the website. For example, when you use the website, I will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the website.
I may also collect information about actions you take when using the website, such as links clicked. Your information has been anonymised and only is viewed aggregately.
OUR MAILING LIST SUBSCRIBERS
Any information stored on our mailing list is solely kept for the distribution of Learn Music Together posts, newsletters and online magazines. We do not share personal information with third-parties. You will not receive any spam from our emails.
BLOG COMMENTS POLICY
Learn Music Together appreciate every one of you who finds the time to add your thoughts to one of our articles. However, foul language or abuse will not be tolerated and as such, Learn Music Together reserve the right to edit or delete any comments submitted to this blog without notice. Additionally, Learn Music Together is not responsible or liable for any comments made by others on this blog.
When visitors leave comments on the Site, I collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
WHAT COOKIES ARE
Cookies are small text files, given ID tags that are stored on your computer’s browser directory or program data subfolders. The use of “cookies” on websites is standard practice. They allow you to have a better user experience.
Like many sites, I use “cookies” to recognise, collect and track information about the way you use the Site. These types of “cookies” are called “first-party cookies”.
We may also collect and track information through cookies set by third parties. These perform tasks in relation to advertising and analytics and allow for interactive behaviours such as commenting. These types of “cookies” are known as “third party cookies”.
What cookies do I use on this Site
Strictly necessary cookies
These cookies allow the Site to save information and details such as your username to optimise your experience on the Site and provide personal features.
Social media cookies and pixels
To allow you to share information from the Site on social media platforms such as (but not inclusive) Facebook, Pinterest, Instagram, we use social media cookies. Cookies may still be collected on pages where there are buttons, widgets or other active applications even when you do not actively use them.
The interaction and information recognised, collected, and/or tracked through the Site are always subject to your privacy settings for each social network and external platform.
Facebook social widgets
This widget allows you to interact with the Facebook social network.
Twitter Tweet button and Twitter social widgets
The Twitter Tweet button and Twitter social widgets are applications allowing interaction with the Twitter social network.
YouTube video widget
In order to incorporate video content on pages and posts, we use YouTube.
Social media pixels
Facebook pixel connects the activity performed on the Site with the Facebook advertising network, including Instagram and Audience ads.
Targeting or advertising cookies
These cookies record your browsing actions and patterns on the Site, such as among others, the pages you have visited and the links you have followed. The information recognised, collected, and/or tracked by these cookies is used to make our Site and the advertising displayed by way of links or banners on the Site more relevant to your interests. For the same purpose, this information may also be shared with third parties, such as Google AdSense.
HOW TO CONTROL COOKIES
Strictly necessary cookies may not be rejected since they are essential to enable you to browse the Site and use its features.
Should you reject cookies, you will still be able to use the Site although certain features and functionalities may not be available to you and/or certain areas may be restricted.
In addition to what it is indicated within this Policy, you can manage preferences for Cookies directly from within your own browser and prevent – for example – third parties from installing Cookies.
Through browser preferences, it is also possible to delete Cookies installed in the past, including the cookies that may have saved the initial consent for the installation of cookies by this Site.
You can find information about how to manage cookies in the most commonly used browsers (e.g. Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Internet Explorer) on the website of the browser of choice.
Embedded content from other websites
Articles on this Site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the same way as if the visitor has visited the other website.
Who we share your data with
I may share your information with third parties when you explicitly authorise us to share your information. Additionally, the website may use third-party service providers to service various aspects of the website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies.
This website currently uses the following third-party service providers:
Google Analytics is a service which tracks Website usage and provides information such as referring websites and user actions on the website. Google Analytics may capture your IP address, browsing actions, date and time of your visit, which pages you viewed and your navigation through the Site. Through the collection of such data, I am able to analyse web traffic and user behaviour. I have anonymised my Google Analytics data and never look at non-aggregated data.
Google may use the information recognised, collected, and/or tracked to personalise the ads of its advertising network and may share the information recognised, collected, and/or tracked with other services.
Siteground is the Service that is responsible for hosting and operating the website platform that Learn Music Together uses.
Browsing and interaction on any other website, including websites which have a link to our website, is subject to that website’s own terms and policies.
Your personal data may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”).
LAWFUL BASIS OF PROCESSING PERSONAL DATA UNDER THE GDPR
We may process personal data relating to users if one of the following applies:
- Users have given their consent for one or more specific purposes
- Provision of data is necessary for the performance of an agreement with the User and/or any pre-contractual obligations thereof;
- Processing is necessary for compliance with a legal obligation to which we are subject;
- Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
We process and store your personal data for as long as required by the purpose they have been collected for.
- personal data collected for purposes related to the performance of a contract between us and the User will be retained until such contract has been fully performed;
- personal data collected for the purposes of our legitimate interests will be retained as long as needed to fulfil such purposes;
- we may be allowed to retain personal data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn;
- we may be obliged to retain personal data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
We do not sell, trade, or otherwise transfer to outside parties your personal information unless we provide users with advance notice.
This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users (such as, for example, Convertkit) so long as those parties agree to keep this information confidential.
We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
We promise that we take data safety seriously and use your private data only to offer a personalised experience.
I use ConvertKit for our newsletter, which you can opt-out of at any time, and Google Analytics for analysing website data.
If you subscribed to our newsletter, you would receive our newsletters. You can always unsubscribe by following the link at the bottom of the email or by emailing me at Fiona@learnmusictogether.com.
If you gave me your name, it would only be used to personalise the newsletters.
I have never sold, I am not selling, and I will not sell any of your personal data provided to us.
All of our affiliates are GDPR compliant.
You have the right to:
Be informed regarding how the data is collected and used.
Have access to the data about you.
Ask us to change the data about you.
Ask us to delete the data about you.
Ask us to stop sending your newsletters.
Learn Music Together abides by GDPR regulations, so if you wish to have your information (e.g. comments removed) and you’re an EU resident, please get in touch with us.
I am happy to amend/remove your information/comments/email from the mailing list if you contact us. I do not retain secondary copies of commenters/reader contact information without permission.
Similarly, I do not resell or share your contact information with third parties, and once you opt-out of the mailing list, you are permanently removed.
The security of your personal information is important to me.
My website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our Site as safe as possible.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
Visitor comments are checked through an automated spam detection service.
Akismet is the anti-spam Service I use. The information I collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).
Your contact information
By using this website, you signify your acceptance of this Policy. If you do not agree to this Policy, please do not use our website. Your continued use of the website following the posting of changes to this Policy will be deemed your acceptance of those changes.
Our CONTACT INFORMATION
If You believe that there has been an error in debiting Your account, You should notify us directly by emailing us at firstname.lastname@example.org and confirm that notice in writing with us as soon as possible so that we can resolve Your query more quickly. Alternatively, You can take it up directly with Your financial institution.
If we conclude as a result of our investigations that Your account has been incorrectly debited, we will respond to Your query by arranging for Your financial institution to adjust Your account (including interest and charges) accordingly. We will also notify You in writing of the amount by which Your account has been adjusted.
If we conclude as a result of our investigations that Your account has not been incorrectly debited, we will respond to Your query by providing You with reasons and any evidence for this finding in writing.
If you have any questions about these Terms, please contact us by emailing us at Fiona@learnmusictogether.com.