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ONLINE CONTENT TERMS AND CONDITIONS

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  1. You (herein, Student or You refer to or any user of this site and our services. Parents/Legal guardians accept the policies on behalf of their children.) agree that the site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “content”) are maintained for your personal use and information by Pureheart School of Music (Pureheart Music School, Pureheart School of Music, Pureheart, we, us)

  2. The content of the site are the property of the Pureheart School of Music and/or its third-party providers. You agree that such content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the site, excluding only the materials you provide. 

  3. Subject to your compliance with these terms and conditions, Pureheart School of Music hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sub licensable, to access, view, and use the site solely for your personal purposes. None of the Pureheart School of Music’s content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Pureheart School of Music. 

  4. Modification of the content or use of the content for any other purpose is a violation of the copyright and other proprietary rights of Pureheart School of Music, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the site or any content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of Pureheart School of Music..

  5. All content, such as text, data, graphics files, videos and sound files, and other materials contained in the site, are copyrighted unless otherwise noted and are the property of Pureheart School of Music and/or her suppliers. No such materials may be used except as provided in these terms and conditions.

  6. All trade names, trademarks, and images and biographical information of people used in the Pureheart School of Music and contained in her site, including without limitation the name and trademark Pureheart School of Music, are either the property of, or used with permission by, Pureheart School of Music. The use of content by you is strictly prohibited unless specifically permitted by these terms and conditions. Any unauthorized use of content may violate the copyright, trademark, and other proprietary rights of Pureheart School of Music and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this agreement or in site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Pureheart School of Music and/or her third party owner. 

  7. Pureheart School of Music respects the copyright, trademark and all other intellectual property rights of others. Pureheart School of Music has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of conditions. 

  8. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the site or in any sontent in any way, you may notify Pureheart School of Music. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

  9. While Pureheart School of Music uses reasonable efforts to include accurate and up-to-date information in the site, Pureheart School of Music makes no guarantees or representations as to its accuracy. Pureheart School of Music assumes no liability or responsibility for any errors or omissions in the content of the site.

  10. When you register with Pureheart School of Music and/or her site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Pureheart School of Music. You consent to receive notices electronically by way of transmitting the notice to you by email.

  11. If you send comments or suggestions about the site to Pureheart School of Music, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Pureheart School of Music. No submission shall be subject to any obligation of confidence on the part of Pureheart School of Music. 

  12. Pureheart School of Music shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

  13. Pureheart School of Music shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify or distribute the data and files you store using the site. Use of the site is completely at your own risk.

  14. Pureheart School of Music will not intentionally disclose any personally identifying information about you to third parties, except where Pureheart School of Music, in good faith, believes such disclosure is necessary to comply with the law or enforce these terms and conditions. By using the site, you signify your acceptance of the Pureheart School of Music’s privacy policy. If you do not agree with this privacy policy, in whole or part, please do not use this site.

  15. Neither Pureheart School of Music nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. 

  16. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. 

  17. Pureheart School of Music does not guarantee or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. the company likewise does not warrant or make any representations or guarantees that you will earn any money using the site or the company’s technology or services. 

  18. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, techniques; your execution of your business plan; the time you devote to the program, ideas and techniques offered and utilized; as well as your finances, your knowledge and your skill. 

  19. Since these factors differ among all individuals, Pureheart School of Music cannot and does not warrant or make any representations or guarantees regarding your success or income level. 

  20. Pureheart School of Music does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. Pureheart School of Music shall not be responsible for any performance or service problems caused by any third party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

  21. Pureheart School of Music shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, stripe payment services, your software and/or any updates or upgrades to that software). 

  22. Any such problem shall be governed solely by the agreement between you and that provider. Pureheart School of Music reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. 

  23. Pureheart School of Music also reserves the right to limit your use of the site and/or the content or to terminate your account should the company determine that you have violated these terms of use, or that you have violated any other rules or conditions of the company. 

  24. Pureheart School of Music reserves the right to refuse access to the site and/or the content, products and/or services to anyone in its sole discretion. Pureheart School of Music may, in its sole discretion, refund the initial fee charged for any use of the site and/or any content or a pro-rata portion thereof consistent with the refund policy. Pureheart School of Music shall refuse any refund thirty (30) days after your payment for use of the site and/or any content, either pursuant to the company’s customer license agreement or otherwise, regardless of the reason for disruption.

  25. Pureheart School of Music shall in no event be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if Pureheart School of Music has been advised or is aware of the possibility of such damages.

  26. You agree to indemnify and hold Pureheart School of Music and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the site, (iv) your use of the site or any services that Pureheart School of Music may provide via the site, and (v) your conduct in connection with the site or the services or with other users of the site or the services. Pureheart School of Music reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such an event, you shall provide the Pureheart School of Music with such cooperation as is reasonably requested.

  27. The provisions of these terms and conditions are for the benefit of Pureheart School of Music, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

  28. This agreement shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the District and High Court of New Zealand. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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