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Terms & Conditions - VIENNA VIRTUOSO

Terms & Conditions

PLEASE READ CAREFULLY: THE FOLLOWING TERMS OF USE SHOULD BE READ AND FULLY UNDERSTOOD BEFORE USING THE SERVICE OR SITE. THESE TERMS INCLUDE IMPORTANT INFORMATION REGARDING OBLIGATIONS, LEGAL RIGHTS, AND REMEDIES FOR USERS AND THOSE PURCHASING SERVICES FROM VIENNA VIRTUOSO. “USER” REFERS TO THE INDIVIDUAL ACTIVE IN A REGISTERED COURSE. FOR ANY REASON, IF THE USER OR THE USER’S PARENT, GUARDIAN, OR LEGAL REPRESENTATIVE DOES NOT AGREE TO ALL OF THE TERMS OF USE INCLUDED HEREIN, THE USER SHOULD NOT USE THE SERVICE OR SITE.

 

The Virtuoso Campus, Virtuoso Contest, International Learning Contests, Virtuoso Evaluations, Golden Audition, Virtuoso Tutoring Memberships and 21st Century Mozart are all services of Vienna Virtuoso KG (the “Company” hereafter). The Company uses the Moodle platform to facilitate distance learning between professional musicians and tutors, on the one hand, and music students, on the other hand in subscription-funded online courses, individual performance evaluations, moderated discussion forums, and professional audio & video recording sessions. ViennaVirtuoso’s Moodle service and network are provided by eDaktik GmbH on behalf of ViennaVirtuoso. By accessing and using the ViennaVirtuoso.com website, other Company web sites and web sites of music professionals or tutors who utilize ViennaVirtuoso’s services and/or the mobile versions thereof (collectively, the “Site” or “Service”) the User agrees to be and are bound by the Company’s Terms of Use (“Terms of Use” or “Agreement”) as described herein. In certain cases these Terms of Use may be modified by a written agreement signed by both the User and the Company. The Company’s Privacy Policy, Copyright Policy, and any other policies that may be posted on the Site are incorporated by reference into these Terms of Use and are applicable to the User for use of the Service. By using this Site and/or Service, the User understands and agrees to be bound by the Terms of Use whether or not the User is a registered member of Company, the Service or Site. The Company holds the right to modify these Terms of Use without notice, and such modification shall be effective upon posting on the Site. The User agrees that, after any modification is posted to the Site that the User agrees to these Terms of Use when the User continues to access the Site or use the Service.

 

User Permissions

The Site is intended for users who are eight (8) years of age or older. Any registration, use or access to the Site by anyone under the age of thirteen (13) is prohibited by these Terms of Use unless verified consent and permission is provided in writing by the parent or guardian. Age verification procedures are in place upon registration to the site, and age verification documentation may be required if Company suspects the user is either: under age of eight (8) or is under the age of thirteen (13) and using the site without parental/guardian consent. By using the Site without parental or guardian consent the User affirms that the User is thirteen (13) years of age or older, or if the User is between the ages of eight and twelve (8-12) that verified consent and permission has been provided in writing by the parent or guardian before the User accesses the Site and / or Services.

 

User Registration and Termination

By registering for an account, the User agrees to provide accurate, complete information about the User or, if you are a parent or guardian registering a child under the age of thirteen (13), the child, as requested during the Moodle registration process (“Registration”). The User will be fully responsible for all use of the User account and for any actions that take place on the Site using the User account, and affirm that the User will provide all content and other materials for posting on the Site in accordance with the Company’s policies.

This Agreement, including all revisions, shall remain in full force and effect every time the User use the Service and/or Site. While the User is logged in to the Site, then these Terms of Use shall remain applicable. In the case of a personal video evaluation, the User cannot terminate the agreement once payment has processed. In the case of a Golden Audition or Mozart 21st Century Recording Session, the user cannot terminate the agreement once payment has processed. In the case of membership, the user cannot terminate the agreement once payment has processed. In the case of a membership, the User may terminate this Agreement at any time by clicking “Unenroll from Course” on the left sidebar menu. If this option does not work, then please send us a message stating the User would like to cancel the User’s membership. This can be accomplished through the Moodle site or email but the user is not entitled to a refund for the currently subscribed course(s):

info@viennavirtuoso.com

 

Membership Renewal, Fees, and Length of Membership

Membership to this site, depending on the price plan that the User choose, is based on a 1 month, 6 month, or 12 month automatically renewing cycle. The current fee for membership is €39 for a 30 day subscription, €299 for a 180 day subscription, or €399 for a 365 day subscription. By agreeing to this membership program, the User authorizes us to automatically renew the User’s subscription at the end of the 1, 6 or 12 month subscription, and each successive term, for the same term length of the subscription the User initially purchased. There are no renewals for the direct evaluation programme or other Vienna Virtuoso services so length of membership does not apply. Unless the User changes his or her renewal status as described below, at the time of each such renewal the User authorizes us to charge the User’s designated Payment Method at the non-promotional price current at the time of renewal (unless otherwise stated in the offer the User accepted) for the renewal of the User’s subscription. The User’s credit card or PayPal, or the credit card or PayPal of the person responsible for the User, will be charged €39 exactly 31 days after the beginning of the User’s membership if the User choose the 1 month plan unless the User cancel the User’s subscription by clicking “Unenroll from Course” on the left sidebar menu of the Moodle site once the User are logged in. Similarly for the 12 month membership, the User’s credit card or PayPal will be charged €399 exactly 366 days after the first day of the User’s membership unless the User cancel the User’s subscription by clicking “Unenroll from Course” on the left sidebar menu of the Moodle site once the User are logged in.

 

The User must cancel the User’s subscription by unenrolling from the course or emailing the Company with a specific request before it renews at the end of the User’s current billing period in order to avoid the next billing. If the User or his or her parent or guardian cancels the User’s subscription, the cancellation will be effective at the end of the current billing period. The Company does not offer prorated refunds or credits for any portion of the subscription fee for a cancelled subscription. All requests for an exception must be submitted in writing to info@viennavirtuoso.com. ViennaVirtuoso does not offer discounts to Users for multiple course enrollments at this time. The amount and form of any credit or refund and the decision to provide them are COMPLETELY AND ENTIRELY AT THE COMPANY’S discretion. Payments to ViennaVirtuoso through either a Gift Certificate purchase, membership purchase, personal video evaluation purchase, or any other pre-paid purchase are NONREFUNDABLE. All fees relating to membership, including the initial payment and any subsequent automatic renewal payments (as described in the preceding paragraph), are NONREFUNDABLE.

Gift Certificates can be activated up to 365 days from the day that the payment is received for the gift certificate. Company will provide Gift Giver (the person purchasing the Gift Certificate) a receipt on day of purchase. The Company normally will deliver the Gift Certificate within 14 days of Purchase. Memberships purchased through gift certificates do not begin until the User registers and chooses a tutor. Once the User submits his or her gift certificate code, the User will be enrolled to User’s chosen course. If 365 days pass without any User registration and submission of the unique activiation code, the Gift Certificate is no longer valid. Gift Certificates are NONREFUNDABLE.

 

Privacy Policy

The Company provides this Privacy Policy to help customers, visitors, users, and others make an informed decision about whether to use or continue using the Site. The Company recognizes that privacy is important to its customers, visitors, users and others who use ViennaVirtuoso.com, the web sites of affiliated professional musicians and s or other web sites owned or operated by Company (collectively, the “Site”) (collectively or individually “Users”). This Privacy Policy provides important information regarding the use and disclosure of User information and other information provided to Company or collected on the Site.

 

This Privacy Notice is subject to the Company Terms of Use. Any personal information the User and/or his or her parent or guardian provides on the Site remains subject to the terms of this Privacy Policy and our Terms of Use. The User is responsible for use of the Site. Please note that any video, audio, image and/or any other content posted at the direction of Users onto the Site becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

 

  • Information Collected: The User is required to provide a legitimate email address and create a user account to access the Moodle site where courses take place.
  • Account Information. To create an account on our Site, we require the User to provide the User name, email address, and country location to create a user name and to provide a password.
  • In order to upload and record videos to our Site, the User must establish a Youtube channel and be logged in to Youtube. By establishing a Youtube channel, the User agrees to the Terms & Conditions set forth by Google for access and use of Youtube. In order to maintain privacy, the User is recommended to set their videos to “Unlisted” on the User’s Youtube channel. The User understands that their practices may be seen on the internet if the User shares the link. However, the user can delete or download their videos at any time from Youtube which automatically results in deletion from the Vienna Virtuoso site.
  • Storage, Disclosure and Use of User Communications. Every User is automatically subscribed to the Virtuoso Campus of their chosen instrument. The Campus includes a chat function and a discussion area. The User should never disclose personal information in any of the Virtuoso Campuses. The Site also enables a User to send messages to another User. The User should never disclose personal information to any other User through the Site; furthermore, if the User is threatened or made uncomfortable by a message, post, or other commentary from another User, the User should contact Company immediately at: info@viennavirtuoso.com to report any misuse or attempt to gain personal information from the User.

 

  • Personal Information offered by the User. The Company may store any personally identifiable information that the User provides on the Site’s secure server. Furthermore, Company is not liable for any personally identifiable information shared on Youtube or any other affiliated Site related to the operation of Company. In the case that a new feature requires the disclosure of personally identifiable information about the User to third parties, Company will either provide the User with an opportunity to opt out of the disclosure or will seek the User’s consent prior to making the disclosure.

 

  • File Transfer. When the User uses the file transfer feature of Company, the file that the User transfer is copied and retained on the servers of a third party, namely, Google, Inc. through their Youtube web site. Neither Company nor the third party service provider accesses or uses these files for any purpose, but the User should be aware that these files are not encrypted and that they could be disclosed in legal proceedings or investigations as provided in this Privacy Policy and the Youtube policies.

 

  • Aggregate Usage Data and Anonymized Data. Company may collect usage data based on non-personally identifiable data from users. In addition, Company may take the User’s personal information and create anonymized information about the user for business purposes such as identifying market characteristics and other research purposes.

 

The User decides whether his or her videos are shared with others through two methods: first, through the Youtube setting “unlisted” or “public.” Second, unless the User pastes a video link to the Virtuoso Campus, the Virtuoso Contest, or any other shared space on the Site, all of the User’s video uploads remain private between the User, the instructor, and the Site administrator. This information is accessible to the Site administrator and may be turned over to legal authorities upon request. Do not disclose personally identifiable information in the Virtuoso Campus or other shared spaces, as those postings are available to the members and may be saved by Youtube and the Site as community available information.

 

Usage and Sharing of Information.

Company may use the information it collects, including the User’s personal information, aggregated data, and Anonymized Data, for the following purposes:

* To enable and maintain the User account;

* To enable and maintain service through access to the Site;

* To make service or Site improvements on a regular basis;

* To create reports and to analyze usage patterns.

 

Sharing of Information.

Company may share personally identifiable information with third parties in the following cases:

  1. To enable the normal course of functionality of the Service;
  2. With trusted third party service providers who help us in the operation of the Company Service or Site and who have agreed to maintain the confidentiality of the data;
  3. To the developers who provide platform applications that the User have elected to use, as described above;
  4. As part of Company’s Service or Site social features, as described above;
  5. In cases of abusive behavior or suspected violations of the terms of use of the Service or Site, or with any other person assisting us in order to investigate the violation and to take appropriate action;
  6. Where we have a good faith belief that it is necessary in order to respond to subpoenas, court orders, or other legal process, to prevent fraud or imminent harm, or to establish or exercise our legal rights or defend against legal claims.

 

Notification of Changes and Other Events .

Any changes to this policy will be posted on the Site.

Company will keep the User updated relating to the User’s account, the Service, the Site and the Terms of Use. The User consents to receiving all notifications from Company through display on the News Forum, or through email, including any notifications that Company is required by law to send to the User.

 

Other Sites.

The Service and Site contains links to, and media and other content from, other sites. Such third-party media and content may also contain external links. Company is not responsible for links outside of the Site or the consequences to User’s of clicking those links. Every attempt will be made to ensure all third-party media and/or content embedded within Site is clear to the User with the word ‘sponsor’ or other signification. In addition, the Service may be available on third party websites through several types of placing mechanisms such as embedding into partner sites. Company cannot and does not guarantee the privacy policies and practices of any third party, including the developers who provide the platform applications, Youtube, or any third party website through which the Service is available.

 

Non-Austrian Users.

Company is hosted and operated entirely in the Republic of Austria and is subject to Austrian law. Any personal information that the User provides to Company is being provided to Company solely in the Republic of Austria and will be hosted on Austrian servers. The User consents to the transfer, use and processing of the User’s personal information in and to the Republic of Austria.

 

 

Acceptance.

This privacy policy is incorporated into and subject to the terms and conditions of Company’s Terms of Use which is presented on the Site. The User’s compliance with the Terms of Use constitutes a legal contract between the User and Company. By continued use of the Site the User indicates that he or she has read, understood and agreed to be bound by the Terms of Use including the Privacy Policy and other information herein.

 

Editing and Deleting The User’s Account Information and Preferences.

The User can edit videos in their Youtube account at any time and do not need access to Site. Once a User creates a Moodle account on Site, the User’s information could exist as long as the Site remains active. The Company reserves the right to edit or delete accounts at any time after the current membership is concluded or other circumstances prevail that necessitate deletion or adaptation.

 

Our Commitment to Data Security

Company uses commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of the User’s personal information. We cannot, however, ensure or warrant the security of any information the User transmits to Company or on the Site and the User do so at the Userr own risk. Once we receive the User transmission of information, Company makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards including but not limited to any “private” communications or other communications that the User believes are “private.”

 

If Company learns of a security systems breach, then we may attempt to notify the User electronically so that the User can take appropriate protective steps. Company may post a notice on the Site if a security breach occurs. Depending on where the User live, the User may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw the Userr consent from receiving electronic notice) the User should notify us immediately.

 

In the Event of Merger, Sale, or Bankruptcy

In the event that Company is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users including personally identifiable information as part of such merger, acquisition, sale or other change of control. In the event of Company’s bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how the User’s personal information is treated, transferred or used.

 

 

Copyright Policy

General Copyright Information

This Copyright Policy is incorporated into and is subject to the Company Terms of Use.

The User represents and warrants that: (i) the User owns the Content posted by the User on or through the Service or Site or otherwise has the right to grant the license set forth in this section as stipulated through the Terms of the Youtube Agreement, and (ii) the posting of the User’s Content on or through the Service or Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. The User agrees to pay for all royalties, fees, and any other monetary instruments owing any person by reason of any content posted by the User or the User’s account to or through the Service or Site.

Subscribers to this site have not purchased or rented the video content of this site. The video content on this site is made available to subscribing students in conjunction with an active membership to this site, and is to be viewed for the sole purpose of learning to play a musical instrument or preparing for a musical performance. Downloading or “ripping” of videos, text content, or images to a local storage device to circumvent ViennaVirtuoso subscription/member fees, or for any other reason, is expressly forbidden. ViennaVirtuoso reserves the right to legally pursue any student or member of the public who downloads any content, images or videos found on this site in violation of this agreement or shares access to this site with anyone other than one registered user per paid account. ViennaVirtuoso, Inc. strenuously protects its copyrighted material.

Please finally note that violation of the Company Copyright Policies may result in termination of the User’s service.

 

Proprietary Rights in Content on the Site or Through the Service.

 

Member Posted Content on Virtuso Campus and Student Profile:

Company does not endorse the content the User post. Content is not necessarily reviewed by Company prior to posting and does not necessarily reflect the opinions or policies of Company. Company makes no warranties, as to the accuracy and trustworthiness of the content or any material or information that the User communicates to other Users. The User is accountable for the content that the User posts or is posted through the User’s account, on the Site or through the Service and the User’s Profile, and for any material or information that the User transmits to other Users for the User’s interactions with other Users.

 

Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that the User posts to any page on any site using the Service or owned and managed by Company. The User shall continue to retain all ownership rights to Content after posting the User’s content to any page on the Site where it is allowed for Users to submit Content. When the User cancels their membership on the Site or to the Service, the User’s personal content (video, photos, files, etc.) may be deleted from the User’s Account and the User’s Account may also be deleted permanently. By displaying or publishing (“posting”) any content on or through the Virtuoso Campus or Student’s Profile Page, the User hereby grants to Company a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the Site or through the Service. If the

Member Submitted Content and Video for Group Course use:

By submitting any content and video (“video”) for inclusion in a Group Course, the User grants a license to Company for use of that video for the benefit of other Users on the Site. The license the User grant to Company is fully-paid and royalty-free. In other words, Company and Site will not pay the User for the use of the video the User submits through the Site or Service. Additionally, it is sub-licensable (enables Company affiliates and subcontractors, for example, Internet content delivery networks, to provide the Services for Company), and worldwide. Company does not retain the right to sell any posted content or any posted video; however, content or video with User permission may be used for entertainment or marketing purposes with sole discretion of Company.

Company Generated Content:

The Service and Site contain proprietary Content of Company (“Company Content”) and other copyrighted Company Content offered under license to Company. Company Content is protected by copyright, trademark, trade secret and other laws, and Company owns and retains all rights to the Company Content, Service and Site. Do not reprint, republish, repost, or otherwise distribute or transmit content, including text, video, and images presented on the Site or through the Service. Unauthorized use of, or copying of Company Content can subject the User to civil or even criminal liability.

The Service and Site contain content from all Users and third parties. Except for content posted by the User, the User may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service or Site. This is particularly important in regards to the shared practices on the Virtuoso Campus. Users may not copy and past other Users’ links found in the Virtuoso Campus to other sites; nor may users embed other Users “unlisted” Youtube videos to other Sites. Unauthorized use of, or copying of content, trademarks, and other proprietary material can subject the User to civil or even criminal liability.

Removal of Content Posted.

 

Company may remove any content that violates this Agreement, may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Company assumes no responsibility for monitoring the Service or Site for inappropriate content or conduct.

 

User Generated Content – Content License

By Submitting User Content to the Site or Service the User hereby grant to the Company a non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute User Content, and all patents, copyrights, trademarks and other proprietary rights therein, in connection with the Service and the Site and the business of the Company, including without limitation for promoting, transmitting and distributing the Site, the Service, or any part or derivative thereof, in and through any media and channels. By offering User Content to the Site the User further hereby grants to the Company a non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivate works of, transmit, publish and distribute through any media and channels. The User also hereby grants to each user of the Site a non-exclusive, royalty-free, worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivate works of, transmit, publish and distribute User Content for their personal, non-commercial use as permitted through the Service and Site. The User issolely responsible for User Content and the consequences of User content being posted on the Site and/or distributed through the Service and Site, and the Company’s right to use the User Content under this license shall not lapse even if this Agreement and/or the Userr association is terminated with the Service and/or Site. Company reserves the right to continue to display previously submitted User content that Company deems appropriate in its sole discretion. The User agrees that the User is solely responsible to pay all royalties, fees, taxes and any monies owing to any entity or person by reason of posting the User’s Content on the Service and/or Site, and agree to indemnify and hold harmless the Company from any liability related to such.

Website Administration and Security

 

The Company will make commercially reasonable efforts to provide a safe and secure environment for its Users. The User agrees and understands that the User is required to maintain the confidentiality of passwords associated with any account the User uses to access the Service or Site. Accordingly, the User agrees that the User will be solely responsible to the Company for all activities that occur under the User’S account. If the User becomes aware of any unauthorized use of the User’s password or of the User’s account, the User agrees to notify the Company immediately.

 

Proprietary Rights

The User acknowledges and agree that Company (or Company’s affiliates and/or licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The User further acknowledges that the Service may contain information which is designated confidential by Company and that the User shall not disclose such information without Company’s prior written consent. Unless the User has agreed otherwise in writing with Company, nothing in the Terms of Use gives the User a right to use any of Company’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features. If the User has been given an explicit right to use any of these brand features in a separate written agreement with Company, then the User agrees that the User’s use of such features shall be in compliance with that agreement, any applicable provisions of the Terms of Use and Company’s brand feature use guidelines as updated from time to time. Other than as otherwise set forth herein, Company acknowledges and agrees that it obtains no right, title or interest from the User under these Terms of Use in or to any User Content that the User submit, post, transmit or display on, or through, the Service or Site, including any intellectual property rights which subsist in that User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless the User has agreed otherwise in writing with Company, the User agrees that the User is responsible for protecting and enforcing those rights and that Company has no obligation to do so on the User’s behalf. The User agrees that the User shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Service or Site. Unless the User has been expressly authorized to do so in writing by Company, the User agrees that in using the Service and/or Site, the User will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos, or implies any affiliation or association with the Service or Site other than the User’s subscription.

 

 

License from Company

Company gives the User a personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use any application and/or software provided to the User by Company as part of the Service as provided to the User by Company (referred to as the “Software”). This license is for the sole purpose of enabling the User to use and enjoy the benefit of the Service or Site as provided by Company, in the manner permitted by the Terms of Use. The User may not (and the User may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless the User have been specifically told that the User may do so by Company, in writing.

 

Personal Information

  • Activity Related to Account. All activities on the Site require the User to have an account, including participation in subscription-funded music academies, Virtuoso Evaluations, International Learning Contests, and Virtuoso Campus. We ask for some personal information when the User creates an account, including without limitation the User’s email address and a password, which is used to protect the User’s account from unauthorized access, age and credit card information. An account allows the User to access the Service and Site that require payment and registration.
  • Information Usage. The Moodle site records and Company is hereby authorized by User to record information about the User’s usage, including without limitation: when the User use the Site and/or Service, the classes the User subscribes to, other Users the User communicates with, the videos the User watches, the ratings the User gives other Users, and the frequency and size of data transfers, as well as information the User displays or clicks on the Site.
  • Content Uploaded to Site. Any personal information, video content or other content that the User voluntarily shares online (on discussion boards, IM communications, in messages and chat areas) become publicly available and can be collected and used by others.

 

 

User Conduct

The User understands that the User will use the Service and Site for the User’s personal, non-commercial use only; unless otherwise agreed to in writing with the Company. The User represents, warrants and agrees that no materials of any kind submitted through the User’s account or otherwise posted, transmitted, or shared by the User on or through the Service or on the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other person or proprietary rights, or contain libelous, defamatory, blasphemous or unlawful material. The User agrees to use the Service and Site only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). The User agrees not to access (or attempt to access) any of the Services by any means other than through the Moodle System that is provided by the Company, unless a separate agreement has been made between the User and the Company. The User specifically agrees not to access (or attempt to access) any of the Company Services through any automated means (including use of scripts or web crawlers) and shall ensure that the User complies with the instructions set out in any robots.txt file present on the Service or Site. The User agrees that the User will not engage in any activity that interferes with or disrupts the Service or Site (or the servers and networks which are connected to the Service or Site). Unless the User has been specifically permitted to do so in a separate agreement with the Company, the User agrees that the User will not reproduce, duplicate, copy, sell, trade or resell the Service or any and all content on the Site for any purpose. The User agrees that the User are solely responsible for (and that Company has no responsibility to the User or to any third party for) any breach of the User’s obligations under the Terms of Use and/or for any use of the Service or Site and for the consequences (including any loss or damage which Company may suffer) of any such breach.

 

Prohibited Content and Activities

While using the Service and/or Site the User warrants, represents and agrees that the User will not:

  • Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
  • Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
  • Use automated scripts to collect information from or otherwise interact with the Service or Site.
  • Engage in any commercial activity unless expressly approved in writing by the Company.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
  • Register for a User account on behalf of an individual other then the User’s self without the consent of that individual, or register for a User account on behalf of any group or entity without the consent of the group or entity.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent the User, the User’s affiliation, or the User’s age with any person or entity.
  • Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” and/or any other form of solicitation.
  • Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and/or credit card numbers.
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
  • Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Intimidate, harass, mob, or “cyberbully” another user.
  • Upload, post, transmit, share or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or break any local, state, national or international law.
  • Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or Site.
  • Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is offensive or which limits or prevents any other person from using or enjoying the Site, or which may expose the company or its users to any harm or liability of any type.
  • Upload, post, transmit, share, store or otherwise make available content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless the User are the owner of such rights or have permission from the rightful owner to do so.
  • Upload, post, transmit, share or otherwise make available any log in or password chosen by or issued to the User or any access to the site other than one registered user per paid account.

Engaging in any of the above will result in the immediate termination of the User Account and access to the Service and Site without prior notice and at the Company’s sole discretion.

 

The Company reserves the right to restrict the number of emails which a user may send to other users in any twenty-four (24) hour period to a number that Company deems appropriate in its sole discretion. If the User sends unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site, the User acknowledges that the User will have caused considerable harm to the Company that will be difficult, if not impossible, to ascertain monetary harm. As liquidated damages for such harm, the User agrees to pay the Company twenty-five Euros (€25.00) for each such unsolicited email or other unsolicited communication the User sent through the Site. Such liquidated damages shall be in addition to any and all other rights, remedies and damages to which the Company may be entitled to under this Agreement, at law or in equity.

While Company assumes no responsibility for monitoring the Site, it will, when it deems it appropriate, investigate activity or cooperate with governmental authority in investigating any activity in connection with the Site or Service that Company believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by Company, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. Company reserves the right to restrict the User’s activity on, and/or block the User’s access to, the Site and/or Service at any time for any reason without notice to the User.

 

Trademarks

ViennaVirtuoso and any and all other Company graphics, logos, designs, page headers, button icons, scripts, names, trademarks and service marks are registered trademarks, service marks, names, trade secrets or trade dress of the Company in the U.S. and/or other countries and/or licensed by Company (collectively, the “Marks”). Company’s Marks may not be used in any manner whatsoever by the User, including, but not limited to, as part of trademarks, and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

 

Advertising

The User acknowledges that the Company reserves the right to advertise on any portion of the Service and/or Site at its sole discretion. These advertisements may be targeted in a variety of ways including without limitation being based upon the content of information stored on the Service, provided by the User, queries made through the Service by the User, or other information provided by the User, information provided by third parties and/or in similar fashions. The manner, mode and extent of advertising by the Company through the Service or on the Site will be subject to change without specific notice to the User. In consideration for the Company granting the User access to and use of the Service, the User agrees that the Company may place such advertising through the Service or on the Site.

Right to Reject and Retain Content

The Company reserves the right to remove the posting and display of any content or other materials, including links to other sites, for any reason or no reason whatsoever and at any time, including without limitation any violation of these Terms of Use or applicable law. The Company shall have the right to terminate the User Moodle Registration without notice to the User if any content or other material is repeatedly rejected, cancelled, and/or removed by the Company. By the same token, once any content is posted by the User or the User’s account on the Site, the Company has a license to use and retains the right to continue using or posting such content at its sole discretion even after the User terminate this Agreement.

 

Representations, Warranties and Indemnification

THE USER REPRESENT AND WARRANT THAT: (A) THE USER HAVE ALL RIGHTS IN AND TO THE USERR USER CONTENT (WHETHER THROUGH OWNERSHIP OR LICENSES, CONSENTS, AND PERMISSIONS FROM THE OWNER) REQUIRED FOR (I) THE USER TO LAWFULLY SUBMIT CONTENT TO THE SITE AND/OR SERVICE AND GRANT THE RIGHTS TO THE USER’S CONTENT PROVIDED IN THIS AGREEMENT, AND (II) THE CONTENT TO BE POSTED AND TRANSMITTED TO AND THROUGH THE SITE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT; (B) THE USER HAS ALL REQUIRED LICENSES, CONSENTS, RELEASES AND/OR PERMISSIONS TO USE THE NAME AND/OR LIKENESS OF EACH IDENTIFIABLE INDIVIDUAL PERSON IN THE CONTENT IN THE MANNER CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT, AND (C) THE POSTING AND TRANSMISSION OF THE CONTENT ON AND THROUGH THE SITE OR SERVICE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE OR SERVICE, THE SERVICE AND THIS AGREEMENT DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, PATENTS, TRADEMARKS, CONTRACT RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON OR ENTITY.

THE USER AGREES, AT THE USER’S OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS AND AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND LOSSES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING FROM OR RELATED TO (A) THE USER’S USE OF THE SITE AND/OR SERVICE (B) ANY AND ALL OF THE USER’S USER CONTENT; (C) ANY THIRD PARTY CONTENT, MATERIALS OR INFORMATION THAT IS STORED, HOSTED, UPLOADED, STREAMED, DISTRIBUTED, TRANSMITTED, PROVISIONED ON, THROUGH OR TO THE SERVICE OR THE SITE; (D) ANY AND ALL CONTENT, MATERIALS OR INFORMATION ACCESSIBLE THROUGH ANY LINK; AND (E) A BREACH OF THESE TERMS OF USE BY THE USER, INCLUDING WITHOUT LIMITATION BREACHES OF THE USERR REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND COVENANTS HEREUNDER. THE CLAIMS, DAMAGES, LIABILITIES AND/OR LOSSES COVERED BY THIS INDEMNITY PROVISION INCLUDE, WITHOUT LIMITATION, ANY CLAIM OF TRADEMARK OR COPYRIGHT INFRINGEMENT, ANY VIOLATION OF ANY PROPRIETARY RIGHT, DEFAMATION, BREACH OF CONFIDENTIALITY, PRIVACY VIOLATION, HARASSMENT, OR FALSE OR DECEPTIVE ADVERTISING OR SALES PRACTICES.

 

Disclaimer of Warranties

THE USER AGREES THAT USAGE OF THE SITE AND/OR SERVICE SHALL BE AT THE USER’S SOLE RISK. THE SERVICE, SITE, SOCIAL NETWORKING PAGES, STORAGE AND BANDWIDTH ARE PROVIDED BY THE COMPANY ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR COMPLETELY SECURE. THE USER EXPRESSLY ACKNOWLEDGES THAT THE SITE AND THE SERVICE ARE HOSTED BY A THIRD PARTY OVER WHICH THE COMPANY HAS NO CONTROL. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE, AND DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN THE USERR JURISDICTION WILL APPLY TO THE USER AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S AND/OR SERVICE’S CONTENT OR THE CONTENT OF ANY SITE AND/OR SERVICE LINKED TO THIS SITE AND/OR SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

 

 

Limitation of Liability

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM OR RELATED TO THE USER’S ACCESS OR USE OF THE SITE AND/OR SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS TO THE USER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY THE USER TO THE COMPANY FOR THE USER’S REGISTRATION WITH THE SITE AND THE USER’S USE OF THE SERVICE DURING THE TERM OF THE USER’S USE OR $100. NO CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICE, CONTENT OR USER CONTENT MAY BE BROUGHT BY THE USER AGAINST THE COMPANY MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUED. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

THE USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.

IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, DESTRUCTION OR LOSS OF INFORMATION, MATERIALS OR CONTENT STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, POSTED, PUBLISHED OR OTHERWISE MADE AVAILABLE FOR DISTRIBUTION VIA THE SITE AND/OR SERVICE. THE USER SHOULD ENSURE THAT THE USER MAINTAINS A COMPLETE AND CURRENT COPY AND ALL INFORMATION, CONTENT OR MATERIALS POSTED THEREON AT A LOCATION REMOTE FROM THE SITE. COMPANY EXPRESSLY DOES NOT GUARANTEE THE AVAILABILITY OF ANY CONTENT, INFORMATION OR MATERIALS STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, OR POSTED OR PUBLISHED ON THE SITE.

The Site and Service are controlled and offered by Company from its facilities in the Republic Of Austria. Company makes no representations that the Site and Service are appropriate or available for use in other locations. Those who access or use the Site and/or Service from other jurisdictions do so at their own volition according to these Terms of Use and are responsible for compliance with local law.

 

Force Majeure

Neither party shall be liable for, or considered in breach of these Terms of Use on account of, any delay or failure to perform as a result of any causes or conditions which are beyond such party’s reasonable control including without limitation, fire, acts of God, riots and insurrections, strikes, boycotts or lockouts, embargoes, judicial action, lack of or inability to obtain resources, power or communication failures and acts of civil or military authorities.

 

Disputes Between Users

The resolution of disputes that may arise between users is the sole responsibility of the users and Company has no liability or obligation with respect to any such disputes.

Miscellaneous

  • The User agrees to the exclusive personal jurisdiction and venue of the federal court of Austria and the city court of Vienna to adjudicate all claims, controversies and disputes that may arise between The User and the Company or its affiliates related to and/or arising from these Terms of Use, the Site and/or the Service; provided that either The User or the Company may demand that such disputes be subject to binding arbitration held in the Republic of Austria.
  • This Agreement will be governed by the substantive laws of the Republic of Austria (without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction).
  • There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture relationship between the Company and any user. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to enforce any of the terms of this Agreement or exercise any of its rights under this Agreement shall not constitute a waiver of such terms or rights. No waiver of any of the terms or rights in this Agreement shall be deemed a further or continuing waiver of such terms or rights.
  • These Terms of Use may not be assigned by the User without the prior written consent of the Company.