MuseClass Forum Terms of Service

This MuseClass Forum Terms of Service (the “Agreement”) provides information about and governs your participation in one or more discussion forums that are made available by Hal Leonard LLC (“Hal Leonard LLC”) to individuals through [URL] (the “MuseClass Forum”). It is a legal agreement between you and Hal Leonard (“Hal Leonard”) so please read it carefully before accessing or using the MuseClass Forum. By accessing or using any part of the MuseClass Forum, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or post to the MuseClass Forum.

General. Your assent to this Agreement allows you to access and use the MuseClass Forum in accordance with the terms and conditions of this Agreement. Hal Leonard is providing the MuseClass Forum to you for the purpose of allowing you to engage in discussions with other users (“Participants”) about MuseClass.

User Account. You will need to establish an account with a unique user name and password combination, or you may use your MuseClass account, to post to the MuseClass Forum (“Account”). Inappropriate or offensive user names, including but not limited to, impersonations of other users, persons or entities, or user names that are otherwise inconsistent with the terms of this Agreement, are not permitted. You are responsible for all activity occurring under your Account, and you agree to keep your Account password confidential and not share it with others. You further agree that you will not access or attempt to access the MuseClass Forum other than through your Account.

Minors. To use the MuseClass Forum, you must be at least thirteen (13) years old.

Content. The MuseClass Forum may offer interactive features that allow you to, among other things, submit or post information, materials, data, text, images, documents, code, content or links to third party content (“Content”) on areas of the MuseClass Forum that are accessible and viewable by other Participants. You represent and agree that any use by you of such features, including any Content submitted or posted by you to the MuseClass Forum, will be your sole responsibility, will not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste, and that you have obtained all necessary rights, licenses or clearances to disclose all such Content. You further agree to provide accurate information in connection with your submission or posting of any such Content on the MuseClass Forum and agree to comply with all applicable laws in your use of the MuseClass Forum.

User Content License. You hereby grant Hal Leonard and its affiliates in connection with the MuseClass Forum a worldwide, royalty-free, non-exclusive license to use, modify, distribute and sublicense any Content you submit or post for any purpose, without any compensation or obligation to you. If you do not want to grant the foregoing rights, do not submit or post Content to the MuseClass Forum.

Feedback. If you provide any ideas, suggestions, or recommendations on this site regarding Hal Leonard’s products, technologies or services (“Feedback”), Hal Leonard may use such Feedback and incorporate it in Hal Leonard products, technologies, and services without paying royalties and without any other obligations or restrictions.

Objectionable Material; No responsibility for Content. You understand that by using the MuseClass Forum, you may encounter Content that you find offensive, indecent, or objectionable. You agree to use the MuseClass Forum at your sole risk and agree that Hal Leonard shall have no liability to you for Content that you find offensive, indecent, or objectionable. You acknowledge and agree that Hal Leonard is not responsible for examining and evaluating the Content provided through the MuseClass Forum. You understand that Hal Leonard does not guarantee the accuracy, integrity or quality of such Content. Hal Leonard does not warrant or endorse and does not assume and will not have any liability or responsibility for any Content provided through the MuseClass Forum, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content.

Removal of Content or Functionality. Hal Leonard retains the right, but not the responsibility, to edit, move or remove any Content, including those submissions or posts deemed by Hal Leonard to violate this Agreement or the Community Guidelines. Neither Hal Leonard nor the MuseClass Forum administrators have liability for editing, moving, removing, or continuing to permit the display of any Content. Each of Hal Leonard and the MuseClass Forum administrators reserves the right not to post or publish any Content, and to delete, remove or edit any Content, at any time in its sole discretion without notice or liability. Each of Hal Leonard and the MuseClass Forum administrators have the right, but not the obligation, to monitor any Content posted by you or otherwise available on the MuseClass Forum, to investigate any reported or apparent violation of this Agreement, and to take any action that either Hal Leonard or the MuseClass Forum administrators in their sole discretion deems appropriate, including, without limitation, under Hal Leonard’s Copyright Policy. In addition, each of Hal Leonard and the MuseClass Forum administrators may also impose limits on the use of or access to certain features or portions of the MuseClass Forum without notice or liability to you.

No Hal Leonard Assistance. Hal Leonard may, but is under no obligation to, provide technical guidance and other assistance on the MuseClass Forum. You expressly acknowledge and agree that any information that is provided by Hal Leonard or Hal Leonard employees is offered on an “AS IS” basis without warranties of any kind, and no licenses to any Hal Leonard intellectual property rights, expressly or by implication, estoppel or otherwise, are granted by Hal Leonard under this Agreement.

License to Use; Restrictions. Subject to the terms and conditions of this Agreement, Hal Leonard grants you a non-exclusive, non-transferable, revocable right to access and use the MuseClass Forum. You understand that Hal Leonard may provide multiple discussion lists within the MuseClass Forum and you agree to comply with and only post submissions that are relevant to the applicable forum topic on the applicable list. You agree not to exploit any services provided by the MuseClass Forum in any unauthorized way, including but not limited to, by trespass or burdening network capacity. You agree not to, or not to assist another person to, circumvent or otherwise tamper with security components (if any) of the MuseClass Forum. You agree not to use the MuseClass Forum to sell or market your products to others and not to post a URL unless it directly relates to the MuseClass Forum discussion.

Cookies; Privacy Policy. Hal Leonard may use “cookies” and other technologies to track Participant activity within the MuseClass Forum. These technologies help Hal Leonard to improve your experience and Hal Leonard’s products and services. Hal Leonard’s use of this tracking information will conform to Hal Leonard’s Privacy Policy. Hal Leonard’s Privacy Policy describes how Hal Leonard collects, uses and protects your personal information. Hal Leonard cannot and will not be responsible for any problems or liability that may arise if you do not provide accurate, truthful and complete information.

Termination; Survival. This Agreement will continue to apply until terminated as set forth below.

If you fail to abide by these terms Hal Leonard may remove your Content. Repeated inappropriate Content submitted or posted by you may result in temporary or permanent suspension of your ability to participate in any or all of the areas on the MuseClass Forum.

If you post or send offensive or inappropriate Content anywhere on or to the MuseClass Forum or otherwise engage in any disruptive behavior which Hal Leonard considers to be serious and/or repeated, Hal Leonard may use all available information about you to stop any further infringements. This may include informing relevant third parties such as your employer, school, Internet service provider, or law enforcement authorities of the infringement.

Hal Leonard reserves the right to delete any Content, or take action against any Account, at any time, for any reason.

In the event that Hal Leonard changes any part of the MuseClass Forum or suspends or discontinues the MuseClass Forum, which Hal Leonard may do at its election, you acknowledge that you may no longer be able to use such MuseClass Forum to the same extent as prior to such change, suspension or discontinuation, and that Hal Leonard shall have no liability to you or to any third party in such case, including for removing access to any Content.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, the rights granted in User Content License and Feedback, warranty disclaimers, indemnity and limitations of liability.

Indemnification. You agree to indemnify and hold harmless Hal Leonard, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the MuseClass Forum, including but not limited to your violation of this Agreement.

User Guidelines; Agreement Changes. You agree to comply with the Community Guidelines in connection with your use of the MuseClass Forum. Hal Leonard reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the MuseClass Forum, including revising the Community Guidelines. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and are hereby incorporated into this Agreement by this reference. Your continued use of the MuseClass Forum after Hal Leonard has provided notice of such Additional Terms will be deemed to constitute your acceptance of such Additional Terms.

Compliance with Legal Process. Hal Leonard reserves the right to takes steps Hal Leonard believes are reasonably necessary or appropriate to cooperate with any legal process relating to your use of the MuseClass Forum or Content (including a third party claim that your use of the MuseClass Forum or Content is unlawful and/or infringes such third party’s rights). You agree that Hal Leonard has the right, without liability to you, to disclose your Account information to law enforcement authorities, government officials, or a third party, as Hal Leonard believes is reasonably necessary or appropriate to cooperate with such a legal process.

Warranty Disclaimer. HAL LEONARD LLC DOES NOT PROMISE THAT THE MUSECLASS FORUM, OR ANY CONTENT, SERVICE OR FEATURE OF THE FOREGOING (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF SECTIONS 16 AND 17) WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. HAL LEONARD LLC CANNOT ENSURE THAT ANY FILES, INFORMATION OR OTHER DATA YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES AND HAL LEONARD LLC DISCLAIMS ANY LIABILITY RELATED THERETO. HAL LEONARD LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, AND SECURITY. HAL LEONARD LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON OR THROUGH ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HAL LEONARD LLC FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL HAL LEONARD LLC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF HAL LEONARD LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Communications; Notices. By using the MuseClass Forum, you agree to receive notices and other communications from Hal Leonard or the MuseClass Forum administrators in connection with the MuseClass Forum. Hal Leonard or the MuseClass Forum administrators may respond to your post or submission directly in the MuseClass Forum or may attempt to contact you outside the site via email or other method of communication. You agree that any such notices that Hal Leonard sends you electronically will satisfy any legal communication requirements. Notices shall become effective immediately.

Governing Law; Dispute Resolution. You agree that all matters relating to your access to or use of the MuseClass Forum, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Francisco County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Hal Leonard and you arising out of or in connection with your use of the MuseClass Forum, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscellaneous. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Hal Leonard, and no single waiver will constitute a continuing or subsequent waiver. This Agreement will bind your successors but may not be assigned, in whole or part, by you without the written approval of an authorized representative of Hal Leonard. Any non-conforming assignment shall be null and void. If any provision is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties with respect to your participation in the MuseClass Forum. No addition to or removal or modification of any of the provisions of this Agreement will be binding upon Hal Leonard unless made in writing and signed by an authorized representative of Hal Leonard.

Effective Date: August 22, 2024