MusicPro is operated by Music Circle Company Limited (the “Company”).
These Terms govern your rights and obligations (whether as a guest or a registered user) regarding the access and/or use of MusicPro' website, mobile application or any Internet service (including any associated software supplied by MusicPro) (collectively referred to as "Platform") under MusicPro's control or ownership. These Terms constitute a legally binding agreement between Music Circle Company Limited (including all its subsidiaries, related and/or associated companies) (these entities are collectively referred to as "MusicPro", "we", "us" or "our"), the proprietor of all rights in and to the Platform and/or Service, and you, the user of the Platform and/or Service.
(a) In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:
"App" shall mean MusicPro, the software provided by Music Circle Company Limited, supplied by us and downloaded and installed by you on your mobile device through which you may obtain the Services.
"Student" shall mean a user who has signed up for our services, who can purchase through a subscription account and enjoy the services as mentioned in Section 3(b).
"Tutor" shall mean a user who has signed up for our services, who can purchase through a subscription account and provide services as mentioned in Section 3(c).
"Hong Kong" shall mean Hong Kong Special Administrative Region of the People's Republic of China.
(b) Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa.
(c) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
(a) Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable license to download and install one copy of the App on your mobile device and to run such copy of the App solely for your own personal use.
(b) Your use of MusicPro grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.
(c) You must not
1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way;
2. modify or make derivative works based upon the Services or App;
3. create Internet "links" to the Services or "frame" or "mirror" any App on any other server or wireless or Internet-based device;
4. reverse engineer or access the App in order to
o design or build a competitive product or service,
o design or build a product using similar ideas, features, functions or graphics of the Services or App, or
o copy any ideas, features, functions or graphics of the Services or App, or
5. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App
6. remove any copyright, trademark or other proprietary notices from any portion of the Services
7. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
(a) We offer a technology platform to provide information and a means for Students to obtain music tutorial services from Tutors through the use of MusicPro. MusicPro allow Tutors to provide musical training to their Students by using the MusicPro token. The students will have the right to attend training by recording their practices and sending it to their Tutors for comment. The tutors will then mark and comment on the recordings for the students’ reflection and rectification.
(b) Students can use our app to record their musical practices and review their performances commented by the Tutors. In addition, they can also share the learning materials available in the app and the website(s).By submitting any materials via our apps for the Tutors’comment, the Students hereby irrevocably grant us all the intellectual property rights in relation to those materials for our sharing, displaying and/or further editing, etc.
(c) Tutors hereby agree to abide by the guidelines, terms and conditions and policies set forth by MusicPro and Music Circle Company Limited, and use our app to issue, mark and comment on the musical practices by their Students. The Tutors irrevocably grant us all the intellectual property rights in relation to the commented and/or marked materials for our sharing, displaying and/or further editing, etc, At the sole discretion of MusicPro and Music Circle Company Limited, Tutors may receive commission at the rate to be agreed.
(d) You acknowledge and agree that we only act as an intermediary between the Students and the Tutors and we are not the agent of neither the Students nor the Tutors. We are not responsible for the behaviour, negligence, conduct, actions or inactions on the part of the Tutor that you may use (through MusicPro or otherwise). Any contract for the provision of tutorial services is between the Students and the Tutors and not us. We shall never be a party to any agreement (to be) entered into between any Students and Tutors. If you have any complaint in relation to the services with sufficient evidence, we will attempt to resolve the issue on a best effort basis.
(e) You must keep secure and confidential and not disclose to any third party any username or password that we may provide to you in relation to access to MusicPro and the Services.
(f) We shall assume that any person using your mobile device, your username and password is you or a person authorized by you.
This Agreement will remain in full force and effect while you use the Service and/or have a registered account with MusicPro. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
(a) YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
(b) The Company is not responsible for the conduct of any user. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You understand that the Company makes no guarantee, whether express or implied, regarding the accuracy and efficiency of the tutors’performance. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
Your MusicPro membership may start with a free trial. The free trial period of your membership lasts for a predetermined amount of time that will be mentioned to you prior to signing up for our services, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service. You will be notified during sign-up whether you are eligible for a free trial.
By accepting these Terms and using MusicPro or the Services, you agree that you shall defend, indemnify and hold us, our affiliates, our licensors, and each of our and their respective officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
• your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
• your violation of any rights of any third party, including Participating Providers arranged via MusicPro, or
• your misuse of MusicPro or the Services.
You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, as a result of or alleged to be the result of
1. any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service;
2. the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings;
3. the conduct, whether online or offline, of any user;
4. any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or
5. any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content.
THE COMPANY DOES NOT:
1. GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR
2. ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
We may, at our sole discretion, from time to time amend or otherwise modify or replace any of these Terms, or change, suspend or discontinue MusicPro or the Services (including but not limited to the availability of any feature or content) by sending you notice through MusicPro or by posting a notice on our website at www.musicpro.com.hk, which shall be effective and binding on you upon notice or posting. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
(a) You may not assign or transfer any of your rights or obligations under these Terms to any person without our prior written approval. We may assign and transfer any of our rights and obligations under these Terms to any person.
(b) We may give notice by means of a general notice on MusicPro, or by electronic mail to your email address on record in our account information, or by written communication sent by regular mail to your address on record in our account information.
(c) If any provision under these Terms is rendered void, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected by it and shall continue to apply.
(d) The original text of these Terms is in English. In the event of any inconsistency between the English text and any foreign language translation, the English text shall prevail.
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of the Hong Kong Special Administrative Region.