PROAUDIO EARS (“we” or “us”) provides an online video & training games subscription service offering a selection of music-related tutorials, training games, newsletters, blog, our player for viewing the Content (the “Video Player/Game Player”) and other content (collectively, the “Content”). Our video service and training games, the Content, our and any other features, tools, applications, materials, or other services offered from time to time by ProAudio Ears in connection with its business, however, accessed, are referred to collectively as the “ProAudio Ears Services.” Certain PROAUDIO EARS Services are provided to you free-of-charge. There are some other PROAUDIO EARS Services that, if you are interested in accessing, will require payment from you.
The Content is available for permissible viewing on or through the following (collectively, the “Properties”):
- The proaudioears.com website (the “PROAUDIO EARS Site”);
- PROAUDIO EARS affiliate and distributor websites;
iii. Other websites where users or website operators are permitted to embed the Video Player; and
- PROAUDIO EARS authorized applications, features or devices.
If you have any questions or comments about these Terms, please contact us at firstname.lastname@example.org
- ACCESS AND USE OF THE PROAUDIO EARS SERVICES
If you are under the age of 16 we ask that you do not register, enter contests, post materials on forums, or make purchases on any PROAUDIO EARS website without specific parental permission.
PROAUDIO EARS is pleased to grant you a non-exclusive limited license to use the PROAUDIO EARS Services, including accessing and viewing the Content on a streaming-only basis through the Video Player and Game System, for personal, non-commercial purposes as set forth in these Terms.
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.
You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by PROAUDIO EARS in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by PROAUDIO EARS in writing.
Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by PROAUDIO EARS. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by PROAUDIO EARS in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video and Game Player.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video or Game Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video or Game Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video or Game Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video and Game Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video or Game Player is located; and (ii) having full access to all functionality of the Video or Game Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Intellectual Property, Copyright.
You agree that PROAUDIO EARS owns and retains all rights to the PROAUDIO EARS Services. You further agree that the Content you access and view as part of the PROAUDIO EARS Services is owned or controlled by PROAUDIO EARS and PROAUDIO EARS’s licensors. The PROAUDIO EARS Services and the Content are protected by copyright, trademark, and other intellectual property laws.
The PROAUDIO EARS Services, including all content included on the PROAUDIO EARS Site as part of the service, including videos you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of PROAUDIO EARS or its suppliers and are protected by international copyright laws or other intellectual property laws and treaties.
Content shall not be reproduced or used without express written permission from PROAUDIO EARS or its suppliers. PROAUDIO EARS reserves the right to terminate your account hereunder if PROAUDIO EARS in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including copying of videos or games provided to you by us, the or the copying or other unauthorized use of our proprietary content.
The use of the PROAUDIO EARS Services, including videos and. games made available to you by us, is solely for your personal and non-commercial use. Account details such as username and password are strictly personal and may not be shared with anyone.
If PROAUDIO EARS determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the PROAUDIO EARS Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the PROAUDIO EARS Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
If we can be of help to you, please do not hesitate to contact our customer service department at email@example.com. It would be our pleasure to serve you.
Privacy and Communications Preferences.
How Our Service Works.
PROAUDIO EARS is an online company providing with access to music tutorial videos and training games, streamed over the Internet. We offer a variety of membership plans at varying price levels, including special coupons.
Our instant streaming functionality allows you to instantly watch videos on our Video Player. The availability of videos to instantly watch will change from time to time. The quality of the display of the streaming videos may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. PROAUDIO EARS makes no representations or warranties about the quality of your instant watching experience on your display.
Start Time: The time it takes to begin watching a video instantly will vary based on a number of factors, including your location, available bandwidth at the time, the video you have selected. In addition, you must be connected to the Internet throughout the watch instantly experience.
Our streaming system allows you to play the training games via our website. The availability of games may change from time to time. The game audio requires moderate bandwidth and the speed of transfer may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. PROAUDIO EARS makes no representations or warranties about the speed or reliability of these games while streaming.
In addition, while PROAUDIO EARS have made every effort to test the functionality and playability of all our games, they may exhibit “bugs”. While PROAUDIO EARS will make every effort to repair any bugs you experience, PROAUDIO EARS makes no representations or warranties about the reliability of these games.
- PROAUDIO EARS SUBSCRIPTIONS AND BILLING
To purchase payable PROAUDIO EARS Services, you are expressly agreeing that we are authorized to charge you a fee and any applicable taxes through to the credit card or other payment method accepted by PayPal (“Payment Method”) or any other payment methods that you provided during registration. You must deposit sufficient credit in through PayPal or your bank account, which may be made available to PROAUDIO EARS.
You can find the specific details regarding your account and subscription at any time by clicking on Your Account. You agree that your account is for individual use only and your account is limited to only one simultaneous stream at a time.
4.1 Recurring Subscriptions
In the case of a Recurring Subscription, a subscription fee will be billed on each cycle renewal unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms.
You acknowledge that the amount billed each month or at the anniversary date of your billing cycle may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If PROAUDIO EARS changes the subscription fee from time to time, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
4.2 Commitment Subscriptions to Educational Institutes
Certain Subscriptions sold by PROAUDIO EARS may allow for a committed contract. Service for Commitment Subscriptions begins as soon as the Customers Pro Membership is activated. Customer will be charged at the rate stated at the time of purchase, plus applicable taxes, which will be charged for the entire duration of the Commitment Subscription, i.e., either one year or every 6 months. The Commitment Subscription will renew automatically, and Customers credit card or Paypal account will automatically be charged, for the same term of the prior Commitment Subscription until Customer requests not to auto-renew the Commitment Subscription via his Account Manager interface.
4.3 Subscription Cancelation
You are free to cancel the auto-renewal option of your Recurring Subscription or Commitment Subscription at any time by clicking on SUBSCRIPTION and following the detailed procedure.
In the case of a simple Recurring Subscription, the current billing cycle will NOT BE REFUNDED and you will be able to use your Product for the whole duration of this very same billing cycle (excepting a breach of these terms). The next billing cycles will NOT BE CHARGED AND YOU WILL NO LONGER HAVE ACCESS TO YOUR PRODUCT during the next cycles.
In the case of a Commitment Subscription and in the event Customer requests not to auto-renew, the then current Commitment Subscription will end on the last day of the term of such Commitment Subscription and Customers credit card or Paypal account will automatically be charged until the said last day.
IF CUSTOMER VIOLATES THE TERMS OF THE COMMITMENT SUBSCRIPTIONS, INCLUDING CEASING TO PAY BEFORE THE END OF THE COMMITMENT SUBSCRIPTION TERM, CUSTOMER WILL BE IMMEDIATELY RESTRICTED FROM ACCESS, RESTRICTED PERMANENTLY FROM PURCHASING ANY COMMITMENT SUBSCRIPTIONS AND WILL BE RESPONSIBLE FOR ANY FEES INCURRED IN THE COLLECTION OF CUSTOMERS UNPAID DEBT.
4.4 Subscription Refunds
Payments are non-refundable. We offer a variety of free games where you are able to test your skills, abilities and a number of our games. We do not offer refunds for the customers inability to use, hear or win the games. This is an ear training site and games are difficult, this is part and parcel of your training.
THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS OR IF YOUR ACCOUNT IS SUSPENDED FOR BREACHING THESE TERMS.
4.5 Credit Card Information.
For security reason PROAUDIO EARS does not store your credit card information. PROAUDIO EARS uses third party services in order to store in a secure vault. If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information in this secure vault and you authorize us to continue billing your account with the updated information that we obtain.
PROAUDIO EARS sells one time use products such as courses and videos or recurring subscriptions.
Payments are non-refundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY UNWATCHED VIDEOS, PARTIALLY TAKEN COURSES OR PARTIALLY EXPIRED SUBSCRIPTIONS BILLING CYCLES.
- ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with PROAUDIO EARS. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any PROAUDIO EARS representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us at firstname.lastname@example.org as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by notifying us at email@example.com. Please identify your account (username) and provide a valid reply email address in the event we require additional information to terminate your account.
- COLLECTION AND USE OF PERSONAL INFORMATION
- RIGHTS YOU GIVE US – INCLUDING USER REVIEWS, COMMENTS, AND OTHER MATERIAL
As part of the PROAUDIO EARS Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the PROAUDIO EARS Services enjoyable for all of our users, you must adhere to the rules below. Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the PROAUDIO EARS Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material ; or (ii) improperly claims the identity of another person.
We permit you to post reviews and ratings of videos available through the PROAUDIO EARS Services. We do not regularly review the content posted on the PROAUDIO EARS Site; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the videos and featuring persons; misleading information regarding the origin of the content; or a discussion of PROAUDIO EARS policies or services.
If you decide to send us ideas, suggestions or feedback over email or any other method of communication in connection with our Service, you authorize PROAUDIO EARS to use, and grant to PROAUDIO EARS a perpetual, irrevocable, royalty-free, fully transferable and sublicenseable right and license to use, that feedback in any way and without compensation or attribution to you. You acknowledge that any information you provide will be considered non-confidential.
- LINKED DESTINATIONS AND ADVERTISING
Third Party Destinations.
PROAUDIO EARS is not responsible for the content or practices of any website or destination other than the PROAUDIO EARS Site, even if it links to the PROAUDIO EARS Site and even if the website or destination is operated by a company affiliated or otherwise connected with PROAUDIO EARS. By using the PROAUDIO EARS Services, you acknowledge and agree that PROAUDIO EARS is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the PROAUDIO EARS Site.
PROAUDIO EARS takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the PROAUDIO EARS Services are between you and the advertiser, and you agree that PROAUDIO EARS is not liable for any loss or claim that you may have against an advertiser.
PROAUDIO EARS, the PROAUDIO EARS logo, www.PROAUDIOEARS.com, and other PROAUDIO EARS marks, graphics, logos, scripts, and sounds are trademarks of PROAUDIO EARS. None of the PROAUDIO EARS trademarks may be copied, downloaded, or otherwise exploited.
- USE OF INFORMATION SUBMITTED
PROAUDIO EARS is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (Feedback, Requests or Comments), including responses to questionnaires or through postings to the PROAUDIO EARS Service, including the PROAUDIO EARS Site and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the PROAUDIO EARS Service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note PROAUDIO EARS does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to PROAUDIO EARS. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against PROAUDIO EARS and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
- DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE PROAUDIO EARS SERVICES, YOU AGREE THAT USE OF THE PROAUDIO EARS SERVICES IS AT YOUR OWN RISK. THE PROAUDIO EARS SERVICES, INCLUDING THE PROAUDIO EARS SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, DOWNLOADABLE FILES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PROAUDIO EARS DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE PROAUDIO EARS SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL PROAUDIO EARS OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE ” PROAUDIO EARS PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE PROAUDIO EARS SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE PROAUDIO EARS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE PROAUDIO EARS SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PROAUDIO EARS PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE PROAUDIO EARS SERVICES (INCLUDING YOUR USE OF THE CONTENT). PROAUDIO EARS RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Email address: firstname.lastname@example.org
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