1. Description of Service
You acknowledge that PianoMorning.com cannot and will not provide any of its content via email or conventional mail.
You understand that any content of the paid service will be made available for download only following payment made through PayPal or other forms of payment that may be provided from time to time on this web site.
You agree to respect the terms of the following "License Agreement".
Read all the terms and conditions of this license agreement prior to downloading any documents. The downloading of all or any portion of our music indicates your agreement to the following terms and conditions and the above Document. PianoMorning.com grants you, the Member, a non-exclusive license to use the provided files under the terms and conditions stated in this agreement.
You can make copies of the document solely for your studio use as long as you are currently subscribed to PianoMorning.com. (For use by you and your students).
You may continue to use the materials you have downloaded from this website only as long as you are a Member of the PianoMorning.com. You are a member of PianoMorning.com as long as you have either paid the dues required or have been granted usage through a promotional offer.
You can print out the documents for you or your student’s personal purposes including performances and teaching.
You can not use the copyrighted material for any other purposes other than that mentioned above (allowed uses are: study, teaching and personal performances,).
YOU CAN NOT GIVE COPIES OF THE DOCUMENTS, PRINTED MUSIC, AUDIO FILES OR ANY OTHER CONTENT TO OTHERS IN WHOLE OR IN PART EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
You can not lease, lend, rent, sell, or grant others any rights, or provide copies to others who are not your students (this is applied even, and above all, to musical content).
You can not make alterations or modifications to the Music or documents.
2. Disclaimer of Warranties.
The site is provided by PianoMorning.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, PianoMorning.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. PianoMorning.com shall have no liability for any interruptions in the use of this Website. PianoMorning.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
PianoMorning.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR PIANOMORNING.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PIANOMORNING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold PianoMorning.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify PianoMorning.com of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of PianoMorning.com.
6. Modifications and Interruption to Service
PianoMorning.com reserves the right to modify or discontinue the Service with or without notice to the Member. PianoMorning.com shall not be liable to Member or any third party should PianoMorning.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that PianoMorning.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While PianoMorning.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
PianoMorning.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
9. Governing Jurisdiction of the Courts of the state of Utah.
10. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 PianoMorning.com, will all rights reserved, or is the property of PianoMorning.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PianoMorning.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of PianoMorning.com.
PianoMorning.com™ is a proprietary mark of PianoMorning.com. PianoMorning.com’s trademarks may not be used in connection with any product or service that is not provided by PianoMorning.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PianoMorning.com.
All other trademarks displayed on PianoMorning.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with PianoMorning.com.
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PianoMorning.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
2105 S. Balboa Way #10
St. George, Utah 84770
By Email: Info@pianomorning.com
PianoMorning.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, PianoMorning.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
14. Other Terms