2. Use License
Permission is granted to temporarily download one copy of any downloadable materials on Music Valley’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
2.1 modify or copy the materials;
2.2 use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
2.3 attempt to decompile or reverse engineer any software contained on Music Valley’s website;
2.4 remove any copyright or other proprietary notations from the materials; or
2.5 transfer the materials to another person or ‘mirror’ the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Music Valley’s website are provided ‘as is’. Music Valley makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Music Valley does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
The information contained in the programs is of a general nature, and for information and education purposes ONLY. It does not comprise financial or investment advice. Use of, or reliance on, the Content is entirely at your own risk. Before making any investment decision you should seek independent legal, financial and taxation advice.
In no event shall Music Valley be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Music Valley’s website, even if Music Valley or an authorized agent of Music Valley has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Music Valley’s website may include technical, typographical, or photographic errors. Music Valley does not warrant that any of the materials on its website are accurate, complete, or current. Music Valley may make changes to the materials contained on its website at any time without notice. Music Valley does not, however, make any commitment to update the materials.
Music Valley has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Music Valley of the site. Use of any such linked website is at the user’s own risk.
8. Governing Law
Any claim relating to Music Valley’s website shall be governed by the laws of Music Valley’s Owner’s home jurisdiction without regard to its conflict of law provisions.
9. Mentoring Clients & Members
- All mentoring (including teaching, coaching, recording and production) clients of Music Valley agree to be bound by the following conditions.
- Follow up and perform any work assignments set by Music Valley’s mentors
- If you are under the care of a mental health professional you have confirmed that and discussed this with mental health professional.
- You understand and agree that you are fully responsible for your well-being during mentoring sessions, including your choices and decisions.
- Mentoring and coaching is a comprehensive process that may involve all areas of your life, work, finances, health, relationships, education and recreation.
- You acknowledge that deciding how to handle these issues and implement your choices is exclusively your responsibility.
- All information you disclose is bound by a clause of confidentiality and will not be disclosed by the mentor to any persons except in rare circumstances by a court order upon a crime being committed or if there is a significant reason for the mentor to believe you will harm another person or persons.
- You understand that all decisions in these areas are exclusively yours. You agree to defend, indemnify, and hold harmless Music Valley from and against any and all suits, proceedings, claims, losses, and damages (including lawyer’s fees) related to any breach by you of this agreement, and any claim by a third party that arises from you breach of this agreement.
- You have read through and understood the terms of this contract and agree to abide by them for the purposes of this mentoring agreement with Music Valley
- Music Valley and associated entities reserve the right to amend this refund and cancellation policy without notice.
Video & Audio Content
Music Valley may contain one or more videos and/or audio recordings (individually and collectively hereinafter referred to as the “Recordings”). This section describes our respective rights and responsibilities with regard to the Recordings.
Recordings Are For Educational And Informational Purposes Only
All Recordings are to be watched and/or listened to for informational and educational purposes only. Recordings are not intended to provide specific legal, financial, tax, physical or mental health advice, or any other advice whatsoever to you, any other individual or company, and should not be relied upon in that regard. Any products or services described in the Recordings are only offered in jurisdictions where they may be legally offered. Information provided in Recordings is not all-inclusive, is limited to information that is made available, and such information should not be relied upon as all-inclusive or accurate.
Embedded Recordings From External Social Media Sites or other sources Not Owned By Us
Some of the Recordings embedded for your viewing and listening pleasure are hosted on social media websites not owned by us. This may include, but is not limited to, sites such as YouTube.com (individually and collectively, the “Third Party Social Media Sites”).
We make no claim to the intellectual property rights of the owners of Third Party Social Media Sites. We also make no claim to the intellectual property rights of third-party creators of Recordings hosted on Third Party Social Media Sites. Our embedding of such Recordings on this website is done pursuant to applicable licenses to do so granted by the Third Party Social Media Sites.
Embedding Recordings on this website does not create an association, agency, joint venture, or partnership between us and the owners of the Third Party Social Media Sites or impose any liability attributable to such a relationship upon either party.
Recordings are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that Third Party Social Media Sites may track your viewing and listening habits.
If Recordings embedded on this website were created by us but are hosted on Third Party Social Media Sites, we retain all intellectual property rights for such Recordings except to the extent we granted a license to Third Party Social Media Sites to the Recordings. The hosting of these Recordings by Third Party Social Media Sites does not grant you any rights to such Recordings except to the extent provided under the applicable licenses those sites grant to viewers and listeners of Recordings they host on their websites.
Embedded Recordings Owned By Us And Hosted On Our Servers Or Third Party Servers Excluding Third Party Social Media Sites
Some of the Recordings embedded for your viewing and listening pleasure may be created by us and hosted on our servers or third-party servers. This may include, but is not limited to cloud hosting services from Vimeo.com, YouTube.com or others but excludes the Third Party Social Media Sites described above.
We own the copyrights and all other intellectual property rights for these Recordings unless otherwise expressly noted. We make no claim to the intellectual property rights of the owners of third-party servers who by contractual agreement are hosting our Recordings for us.
Hosting our Recordings on third-party servers does not create an association, agency, joint venture, or partnership between us and the owners of those servers, or impose any liability attributable to such a relationship upon either party.
Recordings only provided for your convenience. We do not guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that we and/or the owners of third-party servers hosting the Recordings may track your viewing and/or listening habits.
Personal Non-Exclusive Revocable Non-transferable License
When you watch or listen to the Recordings on this website, you understand and agree that you are doing so pursuant to a personal non-exclusive revocable non-transferable license from us to do so.
The Recordings remain the sole and exclusive property of their respective owners, which retain all rights thereto. You understand and agree that the Recordings may not be resold by you or otherwise distributed with or without consideration. You will not make the Recordings available to any third party. You may not reproduce or summarize any of the Recordings in any manner.
You agree to destroy any of the Recordings cached on your computer or otherwise in your possession within 24 hours of watching or listening to said Recordings. Notwithstanding this provision, you agree to immediately destroy any Recordings in your possession upon material violation of the terms and conditions contained in this document, or upon request by us that you do so.
Broken Or Obsolete Recordings
We review our website periodically for broken or out-of-date Recordings. Any and all Recordings may be posted, altered, or removed at any time. To report problems with Recordings on our website, or for more information, please send an email to [email protected]
You understand and agree that your use of our website is limited and non-exclusive as an individual non-transferable revocable licensee. We may, within our sole discretion, terminate your license to use our website, and access to our website, for any reason or no reason whatsoever, and without giving you notice.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by email at [email protected]
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an email to [email protected]
Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
11. Modifications and Termination
The above terms, conditions, and policies may change from time to time. If such changes are made, they will be effective immediately.
Programs & Courses T’s & C’s
A. Upon enrolment, the student/client’s place will be secured in the program. This is subject to the student/client to payment conditions set out below.
B. Fees for courses and memberships are managed on a Direct Debit arrangement only. Fees will be debited from the customer’s nominated account as per the Music Valley Direct Debit Request Agreement Schedule via a nominated third-party vendor. The customer agrees to the payment terms and conditions provided by the third-party vendor.
C. If written notice via email of student withdrawal (cancellation of enrolment or deferment) is received 14 days prior to the term start date, course fees will not be debited.
D. If written notice via email of student withdrawal is received less than 14 days but greater than 1 day prior to the term/course start date, the customer agrees to pay a late termination fee which is equal to the full cost of the term less 50%.
E. If written notice is received of a student withdrawal or deferment once the term/course has commenced, the customer (student/parent) agrees to pay the full cost of that term.
F. In the event of serious illness or hospitalization, special consideration will be taken into account and a medical certificate or report will be required.
G. Missed lessons or classes by students cannot be rescheduled and are non-refundable. We encourage all students to book regular masterclasses and workshops as compensation for any missed classes.
H. In the event of Music Valley canceling a course or class, any fees paid in advance will be credited or refunded via direct bank deposit.
I. In the event of unexpected cancellations by our team, staff or contractors, classes may be rescheduled and conducted at a mutually convenient time. A credit may also be offered for that lesson/class as an alternative.
J. Music Valley reserves the right to utilise student works for Marketing & Promotional purposes.
K. The student acknowledges that during his/her use of the studio facility, he/she is responsible for ensuring no equipment in the studio is damaged as a direct result of failure on his/her part to exercise reasonable care in the use of studio equipment. In the event that the equipment in the studio is damaged or stolen during the students use of the studio, the student or parent/guardian agrees to pay within (30) days, all costs relevant to replacing or repairing such equipment.
mTribe Membership T’s & C’s
Upon completion of the mTribe application form, the members’ place will be secured in ‘mTribe’ at Music Valley. This is subject to the member terms and conditions set out below.
Membership Changes & Cancellations
Members can cancel, upgrade or downgrade their membership by providing 4 weeks notice in writing to [email protected]. If written notice for cancellation is received once the 4-week trial has elapsed, the member agrees to pay for the next full 4-week cycle.
Missed sessions cannot be rescheduled and are non-refundable. In the event of Music Valley cancelling a session or class, any fees paid in advance will be credited or refunded via direct bank deposit.
In the event of unexpected staff leave or session cancellations, alternative session times and dates may be offered in lieu. A credit or refund may also be offered in this instance.
Use of Works
mTribe and Music Valley reserves the right to utilise member’s works for Marketing & Promotional purposes.
Studio & Equipment Care
The member acknowledges that during their use of the studio facility, members are responsible for ensuring no equipment in the studio is damaged as a direct result of failure on their part to exercise reasonable care in the use of studio equipment. In the event that the equipment in the studio is damaged or stolen during the members use of the studio, the member agrees to pay within (30) days, all costs relevant to replacing or repairing such equipment.
Music Valley operates an annual membership subscription-based service where fees are charged for access to, and the continued use of online services, studio sessions (Tribe Nights) and Tribe events. Memberships and subscriptions are paused for 3 weeks beginning the week of Christmas and then recommence in the second week of January.
All transactions and data concerning payments are managed by Stripe.com a trusted 3rdparty service provider. Music Valley does not ask for, store, or have knowledge of payment information, such as credit card numbers or Stripe passwords.
By making payments to Music Valley via Stripe.com you acknowledge that you understand and accept the risks associated with making online payments. Further, you agree to release Music Valley from all and any liability or loss resulting from use of third-party payment services and transactions in relation to your use of our service.
By submitting your music to collaborate in mTribe, you are allowing others to access, download, playback, modify and/or adapt your composition and/or recording. You are not giving up ownership of your composition/recording, but are offering some rights to your collaborators, and potential collaborators, under a certain set of conditions for the purposes of collaborating in a music project in mTribe.
In particular, by submitting audio files, song briefs and supporting materials, you are permitting other members to download your files and to use your work for the purposes of collaborating on the project in a way that is consistent with the project’s collaboration agreement. They are not permitted, for example, to take your work and to reuse it for any other purposes unless the work has been provided, by you, under a Creative Commons license, or where you have given your express permission in writing.
When uploading your material to an open project, you retain 100% of the copyright of your original work and may remove your work from the project at any time.
However, once a project has commenced, is closed and completed, copyright assignment in a song’s composition (music and lyrics) and the master sound recording will be formerly agreed and signed off by all parties, making any agreement binding between the project’s collaborators.
The intended outcome of any project, whether sole- or joint-ownership in the completed work, will be outlined on a project by project basis by the project manager at the start of the project in the form of a collaboration agreement. It is the responsibility of each collaborator to seek clarification and to satisfy their understanding of any such arrangements, to the extent necessary, before participating.
Where the intended outcome of any project is to create a jointly owned work, and until the collaboration project is either ‘completed’ or you otherwise fully withdraw all original contributions from the ‘open’ project, then you agree not to enter into any other collaborative agreement or arrangement and submit work that is a part of the project in mTribe and is intended or likely to be included in the joint songwriting and/or master sound recording copyright. This applies to other projects in mTribe as well as any other music collaboration programs at Music Vally or in any other collaborative environment, whether online or offline.
Similarly, you may not start or participate in a joint collaboration project using any work that you have previously submitted elsewhere, or intend to submit elsewhere for a similar purpose. Exceptions to this are as follows:
- The work was completed and published as a joint-work, and is being licensed for use within the project by the copyright owner(s) as a derivative work; or
- Any previous arrangements have been formerly expired; all work owned by you has been removed and permission for its use has been revoked; and only in the case where the collaboration did not result in a joint work with shares being distributed in the work’s copyrights.
Work submitted for any collaboration in mTribe must be either 100% owned by you, or you must have the express permission of the copyright owner(s).
By submitting files and supporting materials, you acknowledge that you have read and understood the project’s collaboration agreement and any applicable licenses, terms or other requirements for each collaboration to which you are contributing.
Music Valley and mTribe is granted the non-exclusive right to advertise, promote and market the composition through any and all methods, means and media, whether now known or hereafter devised.
You further understand and agree that collaboration owners may release a master sound recording as a result of the collaboration which may or may not include your contributions. If your contributions are included in the resulting master sound recording, the collaboration owner will be required to include you when closing the project by assigning the appropriate writing, performance, and production credits, and any copyright shares in accordance with the project’s collaboration, or any other, agreement.