GENERAL TERMS & CONDITIONS
GENERAL TERMS & CONDITIONS – 06/23/2020
Access to and use of products by Theatre Music Directors Inc (including any on-line courses, training material and tutorials) (‘the Service’) within the US, UK and internationally is provided by Theatre Music Directors Inc (‘we’, ‘us’ or ‘our’) on the following Terms and Conditions. By using the Service, you agree to be bound by these Terms and Conditions, which shall take effect immediately on your first use of the Service. If you do not agree to be bound by all of the following Terms and Conditions please do not access, use and/or contribute to the Service.
1. USE OF THE SERVICE –
You agree to use the Service only for lawful purposes. You may not use the Service or any part of it for commercial purposes.
You must only use the Service in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of products by Theatre Music Directors Inc. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Service.
We operate a ‘fair use’ policy to protect the quality of service to our users. If we believe you are using excessive bandwidth, or your use of the Service is adversely affecting our network (or any part of it) or our other users we reserve the right to manage or regulate your usage of the Service. This may include temporarily suspending your user account.
2. AMENDMENTS–
Theatre Music Directors Inc reserves the right to make change to these Terms and Conditions from time to time and so you should check these Terms and Conditions regularly. Your continued use of the Service will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using the Service.
If there is any conflict between these Terms and Conditions and specific local terms appearing elsewhere on the Service (including community rules) then the latter shall prevail.
3. REGISTRATION –
In order to participate in and contribute to Theatre Music Directors Inc courses and communities you may be required to register. Any personal information supplied to Theatre Music Directors Inc as part of this registration process and/or any other voluntary interaction will be collected, stored and used in accordance with Theatre Music Directors Inc's Privacy Policy.
To register on this website, you must be over sixteen years of age unless you have the explicit permission of your parent or guardian.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
All user accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
You must keep your password and username confidential and not disclose them or share them with anyone. If you know or suspect that someone else knows your password, you should notify us by contacting team@theatremusicdirectors.com immediately.
If Theatre Music Directors Inc has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.
Theatre Music Directors Inc reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way.
If you use multiple logins for the purpose of disrupting a community or annoying other users, you may have action taken against all of your accounts.
4. INTELLECTUAL PROPERTY
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Service and all content (including all applications and materials) located on or available through the Service shall remain vested in Theatre Music Directors In.
You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Theatre Music Directors Inc's content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any scott-eaton.com content except for your own personal, non-commercial use. Any other use of Theatre Music Directors Inc's content requires the prior written permission of Geraldine Anello and/or Theatre Music Directors Inc. The names, images and logos identifying Theatre Music Directors Inc, or third parties and their products and services are subject to copyright, design rights and trademarks of Theatre Music Directors Inc and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trademark, design right or copyright of Theatre Music Directors Inc or any other third party.
5. AVAILABILITY OF THE SERVICE –
Although we aim to offer you the best service possible, we make no promise that the services available at Theatre Music Directors Inc will meet your requirements. We cannot guarantee that the Service will be fault-free.
If a fault occurs with the Service, you should report it to team@theatremusicdirectors.com and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.
6. THEATRE MUSIC DIRECTORS INC’S RIGHT TO SUSPEND OR CANCEL YOUR REGISTRATION –
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel your registration at any time by informing us in writing at team@theatremusicdirectors.com. If you do so, you must stop using the Service. The suspension or cancellation of your registration and your right to use the Service shall not affect either party’s statutory rights or liabilities.
7. DISCLAIMERS AND LIMITATION OF LIABILITY –
ALL CONTENT PROVIDED ON OR THROUGH THE SERVICE, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO THEATRE MUSIC DIRECTORS INC, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, THEATRE MUSIC DIRECTORS INC EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY LAW), INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. THEATRE MUSIC DIRECTORS INC DOES NOT GUARANTEE THE TIMELINESS, COMPLETENESS OR PERFORMANCE OF ANY ASPECT OF THE SERVICE OR ANY OF ITS CONTENT. WHILE WE TRY TO ENSURE THAT ALL CONTENT PROVIDED BY THEATRE MUSIC DIRECTORS INC IS CORRECT AT THE TIME OF PUBLICATION NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF THEATRE MUSIC DIRECTORS INC FOR ANY ERRORS, OMISSIONS OR INACCURATE CONTENT ON THE SERVICE.
NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR EXCLUDES THEATRE MUSIC DIRECTORS INC'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE. SUBJECT TO THE PREVIOUS SENTENCE, NEITHER THEATRE MUSIC DIRECTORS INC NOR ANY OF ITS OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGES (WHETHER SUCH DAMAGE OR LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE):
(A) LOSS OF DATA;
(B) LOSS OF REVENUE OR ANTICIPATED PROFITS;
(C) LOSS OF BUSINESS;
(D) LOSS OF OPPORTUNITY OR ANTICIPATED SAVINGS;
(E) LOSS OF GOODWILL OR INJURY TO REPUTATION;
(F) LOSSES SUFFERED BY THIRD PARTIES; OR
(G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE
OF THE SERVICE REGARDLESS OF THE FORM OF ACTION.
THEATRE MUSIC DIRECTORS INC DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO IMPLEMENT SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.
11. APPLICABLE LAW –
These Terms and Conditions will be subject to the laws of New York State in the United States of America. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United States.
12. INTERNATIONAL USE –
We make no promise that materials available on or through the Service are appropriate or available for use in locations outside the United States and accessing the Service from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Service from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. MISCELLANEOUS –
If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive and continue to be binding and enforceable. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
If you breach these Terms and Conditions and Theatre Music Directors Inc chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Theatre Music Directors Inc shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
14. PUBLICITY –
The Service is owned and operated by Theatre Music Directors Inc a company registered in New York State. If you have any queries, please contact team@theatremusicdirectors.com.
ONLINE COURSE - TERMS OF USE
ONLINE COURSE - TERMS OF USE
These terms relate to the paid-for on-line training services and should be read in conjunction with our General Terms & Conditions above which shall also apply save where they are inconsistent with these terms.
1. PRICES AND PAYMENT –
Your order is an offer to purchase Online Course Services from us. The Online Course Service will be made available to you once your payment has been authorized and the course session has started. There will be no contract of any kind between you and us unless and until you make authorized payment for the Online Course Service. At any point up until then, we may decline to supply the Online Course Service to you without giving any reason.
The Company shall be under no obligation to provide the Online Course Service until the fee has been paid. All prices are expressed exclusive of third-parties fees. Your credit/ debit card details are not handled by Theatre Music Directors Inc.
All payment and all credit card handling is through third parties websites. We do not store any credit card details. Authority for payment must be given at the time of placing your order.
2. DELIVERY –
Within 48 hours of purchase (during the working week), a confirmation email will be sent to the customer acknowledging payment and successful enrollment in the course.
Within 2h before the announced course start date customer will be notified by email of an online URL where the course materials will be located. Customers will be required to create a username and password for logging into the site and accessing the course content of self-paced classes.
It is not possible to pause or take a holiday midway through your self-paced course.
3. USING THE ONLINE COURSE SERVICE –
Please read the description for the Online Course Service carefully before placing your order as refunds cannot be given (see section 7 below).
Theatre Music Directors Inc warrants that it has the right to provide the Online Course Service and will use all reasonable skill and care in making the Online Course Service available to you and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and Theatre Music Directors Inc does not give any other warranties in respect of the Online Course Service.
Theatre Music Directors Inc is continually seeking to improve the Online Course Services. Theatre Music Directors Inc reserves the right, at its discretion, to make changes to any part of any Online Course Service provided that it does not materially reduce its content or functionality.
In the event that Theatre Music Directors Inc withdraws or is permanently unable to deliver a particular Online Course Service a partial refund will be given covering the portion of the course that remains undelivered.
4. POSTING OF CONTENT –
Some Online Course Services allow you to post content including asking questions about the course, posting completed assignments, and taking part in discussion boards.
All content which you provide or upload to our website shall be subject to the relevant provisions of our General Terms & Conditions.
5. FAIR USE POLICY –
We operate a ‘fair use’ policy to protect the quality of our Online Course Services. If we believe your use of a Online Course Service is taking up excessive bandwidth or your use of a Online Course Service is adversely affecting the provision of the service (or any part of it) to other users, or other users’ enjoyment of the service, we reserve the right to manage or regulate your usage of the Online Course Service. This may include temporarily suspending your user account and/or access to the Online Course Service.
6. NO COMMERCIAL USE –
Subject to clause 4.2, all Online Course Services are available for non-commercial use only. Theatre Music Directors Inc reserves the right to refuse orders from businesses that we consider are for commercial concerns. You may not re-sell or make available to any third party the Online Course Services without the prior written consent of Theatre Music Directors Inc.
Subject to paying the applicable fees, universities and other teaching organizations are permitted to deliver the Online Course Service to their named students.
7. Cancellation and refunds –
Refunds cannot be made for digital items.
It is not possible to cancel or postpone your course, apart from under the circumstances in item 2 above.
Your access to the Online Course Service may be terminated by written notice if you are in material breach of these terms and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe your breach of these terms affects our lawful operation of the Online Course Service or third-party customers, we may suspend your access to the Online Course Service at any time.
10. Interpretation –
In these terms “Theatre Music Directors Inc”, “we”, “us” or “our” refers to Theatre Music Directors Inc a company registered in New York State of the United States of America.
If you have any queries please contact team@theatremusicdirectors.com.