Welcome to SmartKidsPiano.com, (individually and collectively known as the “Website” or “Site”), an online learning community. The Smart Kids Piano website and service including (without limitation) all websites, mobile applications and other interactive properties through which the service is delivered (collectively, the “Service”) are owned, operated and distributed by Bubenzer Enterprise, a Switzerland entity. (referred to in these Terms of Service as “Bubenzer” or “Smart Piano School” or “we” and through similar words such as “us,” “our,” etc.). By accessing any part of the Service, you are agreeing to the terms and conditions described below (these “Terms of Service”), the terms and conditions of our privacy policy (the “Privacy Policy”) and any other legal notices published by us on the Service (collectively, the “Governing Documents”). If you do not agree to any of these terms, you should not use the Service. These Terms of Service apply to all Users, including both Users who are simply viewing content available via the Service and Users who have registered as members of Smart Piano School.

We may, at our sole discretion, modify these Terms at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of August 15, 2018.

 

Description of Service

The Smart Piano School Service allows Users to learn piano pieces online.

 

Required Technology

Bubenzer uses current and commonly used technologies for its Service. In order to make full use of the offer, the User must also use current browser technologies. When using older or not commonly used browser technologies, the User’s use of the Services may be limited.

 

Copyright, Licenses and User Submissions

The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are Bubenzer, Smart Piano School, its affiliates and/or other third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download sheet music from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by Smart Kids Piano in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of Users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Smart Kids Piano in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Smart Kids Piano or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the Smart Kids Piano name or trademarks without the express written consent of Smart Kids Piano.

Smart Piano School will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide Smart Piano School notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of https://smartkidspiano.com/help that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

 

Account Terms

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

1. You represent and warrant that you are at least 18 years of age. If you are under age 18, you must have the permission of a parent or guardian use the Service.
2. You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
3. You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. Smart Kids Piano will not be liable for any loss or damage from your failure to comply with this security obligation.

 

Fees

Smart Piano School offers some content and features for free. For more content and features fee-based subscriptions are available. The fee-based services are clearly indicated on https://smartkidspiano.com The User can watch parts of the videos for free. Fees are due for full access to the content and features.

These Terms govern the sale of fee-based Services. Because of the details of the respective offer, reference is made to the product description of the Website.

We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change. Previously purchased memberships are not affected by any subsequent price changes.

You agree that you will pay for all products you purchase on the Site and that Bubenzer may charge your credit card or PayPal account for any products.

After selecting the payment method, the User enters his required data in the correspondingly provided data fields. The commissioned payment service provider is entitled to accept payments for Bubenzer.

The User is responsible for valid credit card or PayPal account details; if there is a change in these details you have the possibility to change your information online in the “My Account” section of the Site. By accepting the terms and conditions, the User agrees that Bubenzer assigns an external payment service provider to process payment data entered by the user as part of the payment process.

Members can choose monthly or annual subscriptions.

 

Rules for All Users

Smart Piano School is a community of learners. When you sign up for the Site, you agree to the following rules:

1. You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other User.
2. Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
3. You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
4. You assume full responsibility for the content of the Service offered.
5. You understand that information posted are publicly available to be viewed and accessed by any User.
6. You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
7. You will not share content from the Service with anyone who is not properly licensed to access the content.
8. You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
9. You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
10. You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
11. You will not impersonate any person or entity, including any of our employees or representatives.
12. You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized Users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.

 

Data Policy

When a User accesses Smart Piano School, we will share the User’s username and profile for the purpose of teaching these Users on Smart Piano School. By enrolling in Smart Piano School, a User grants to us permission to share that User’s information. The Site is required to respect the privacy of the User. The Site may use that personal information for no other purpose, such as sending unsolicited commercial messages or unauthorized transactions. Remember that you need to comply with all relevant legal rules when you use Smart Piano School. This includes applicable data protection and privacy laws which govern the ways in which you can use another Smart Piano School User’s information.

Site will send an automatic confirmation by email after receiving the registration

 

Participating on the Site

These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents that the Site and User may enter into in connection with the Service.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SMART PIANO SCHOOL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “SMART KIDS PIANO PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO SERVICE OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

Your use of Services is at your sole risk. You acknowledge and agree that by using the Service, you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SMART KIDS PIANO AND EACH OF THE OTHER SMART KIDS PIANO PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

Third-Party Processing

Smart Piano School collects all fees through third party providers such as credit card processors and PayPal. Each provider is its own company, and Smart Piano School is not responsible for its performance.

 

You may cancel your Smart Piano School Membership at any time for any or no reason.  If you have canceled your Membership, you will lose access to all Premium features and Membership Classes you enrolled into during your Smart Piano School Membership at the end of your billing period. If you choose to sign back up as a paying member, your billing date may reset to the day you paid (you will have the follwing possibilities concerning the billing date). Depending upon details of your cancellation, there are two possibilities:

1. A member cancels the membership, but reactivates the account before expiration date. In this case, actual billing date remains the same as previously.
2. A member cancels the membership and reactivates the account after the old membership has expired. In this case, billing date is set to date of membership reactivation.

 

Other Terms

Smart Piano School is not responsible or liable for any refunds for Membership, workshops, or other purchases on the Service. Payments are nonrefundable and there are no refunds or credits for partially used periods.

Canceling is only effective if it is done in the following way: in the “My Account” area under “Membership” click on the “Cancel Membership” button or by canceling by an administrator. Canceling is also explained in the FAQ: https://smartkidspiano.com/help/

Canceling a membership will stop future payments and pause membership. The user account will continue to exist. A “canceled” membership can be reactivated by the user at any time. To delete the entire user account, Site support must be notified.

 

Free Trials

Specific to the subscription, there is a Free Trial membership. Within this period (either 7 or 14 days) it is possible to cancel the contract so that no payment is due. If the subscription the member chooses includes a Free Trial, it is clearly indicated on our website.

For the Free Trials, we will require you to provide your payment details to start the Trial. At the end of such trials, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the trial on a recurring monthly or annual basis. By providing your payment details in conjunction with the trial, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription through your payment settings within your Smart Kids Piano account profile. You will find how to cancel under “Cancellation and Refunds.”

 

Coupons

Smart Piano School may from time to time offer discount coupons or other promotions.  Coupons are vouchers that cannot be purchased, but are instead offered as part of specific advertising campaigns.  Coupons are valid only through their expiration date.  Coupons are limited to one per user.  Coupons have no cash value and are redeemable only with a qualifying paid purchase.

Please see the Site for specific terms and conditions regarding these programs.

 

Smart Piano School Rights

Smart Piano School reserves these rights:

• We can make changes to the Smart Piano School Site and Services without notice or liability.
• We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Smart Piano School in that jurisdiction.
• We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
• We have the right to reject, cancel, interrupt, remove, or suspend any comment or other item posted at any time and for any reason.

Smart Piano School is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

 

Disclaimer of Warranties

THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to the Site or other merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CLASS, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through the Service represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Smart Piano School spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Service for further information, which policies are incorporated by reference into these Terms of Service.

Smart Piano School is not responsible or liable for any information on its Service listings or profiles.

You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Service is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

IN NO EVENT SHALL WE OR ANY OTHER SMART KIDS PIANO PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.

FURTHER, NEITHER WE, NOR ANY OTHER SMART KIDS PIANO PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY SERVIVE OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification

You agree to defend, hold harmless and indemnify Bubenzer, its officers, directors, agents, subsidiaries, joint venturers and employees from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees and costs) incurred by Us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third-party against Us: (i) in connection with your use of the Website or the use of the Website using your account, including any payment obligations incurred through use of the Website; or (ii) resulting from: (A) your use of the Website; (B) your decision to supply credit information via the Website, including personal financial information; (C) your decision to submit postings and/or accept offers from other members; (D) any breach of contract or other claims made by members with whom you conducted business through the Website; (E) your breach of any provision of this Agreement; (F) any liability arising from the tax treatment of payments to or form you or any portion thereof; (G) any negligent or intentional wrongdoing by you; (H) any act or omission of yours with respect to the payment of fees; (I) your dispute of, or failure to pay, any invoice or any other payment; (J) your posting and/or selling of content or services protected by the copyright or trademark of any third-party; and/or (K) your obligations to another member. This defense and indemnification will survive this Agreement and your use of the Website.

 

Miscellaneous

You agree that the Service shall be deemed a passive interactive service based solely in Switzerland and shall not give rise to personal jurisdiction over Smart Piano School, either specific or general, in jurisdictions other than Switzerland. These Terms of Service, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the Country of Switzerland, without regard to conflicts of law principles. You agree that any legal action or proceeding between Smart Piano School and you for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents or your use of the Service shall be brought exclusively in a court of competent jurisdiction sitting in Switzerland. The place of jurisdiction is the place of business of Bubenzer if the user is not domiciled in Switzerland

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

You and Smart Piano School agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Smart Kids Piano are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and Smart Piano School concerning the Service and the services provided by Smart Piano School. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Bubenzer’s failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. Smart Piano School may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you.

Most communication between Smart Piano School and you will be sent and received electronically. You agree that all electronic communication between Smart Piano School and you shall satisfy any legal requirements that such communications be in writing.

Any rights of Bubenzer not expressly granted herein are reserved.