Introduction: Acaville d/b/a A Cappella MasterClass (“ACM,” “we,” “us,” “our”) provides its services to you through its website located at acappellamasterclass.com (the “Site”) and through its related services, subject to these following Terms of Service. We know it’s a drag, but please read these – they govern your use of the site and services and have important stuff in them.
Changes to Terms of Service: From time to time, we reserve the right, at our sole discretion, to modify portions of these Terms of Service. If we do, we will post the updated version on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the site/services’ user interface, in an email notification or through other reasonable means and as required by applicable law. There will be at least 14 days between when they’re posted and they take effect, unless it has to happen sooner for legal reasons or because we have new functions. If you keep using ACM after the date the changes become effective, you’ve accepted them.
Privacy: We don’t give your info away or sell it – it’s not available to anyone outside of Acaville/ACM.
Use Description: The service and any content viewed through our service are solely for your personal and non-commercial use. With your purchase, we grant you a limited, non-exclusive, non-transferable, license to access the ACM content and view your course(s) through the service on a streaming-only basis for that purpose. Except for that limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. ACM may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
Your Registration Obligations: You may be required to register with us in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Account Password and Security: You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to immediately notify ACM of any unauthorized use of your password or account or any other breach of security. ACM will not be liable for any loss or damage arising from your failure to comply.
Modifications to Service: Things happen. So we reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ACM will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain your account information or content for any period of time beyond what may be required by applicable law.
Use and Storage: As part of ACM, you may store content on our server. Stuff gets big, so we might set limits on that storage. We don’t have any responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. Also, if you’re inactive for a long time, we reserve the right to terminate your account.
No Refunds: Unless we indicate otherwise during your purchase or applicable law in your area requires otherwise, all registrations and/or payments are final.
User Conduct: Don’t be a jerk. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. ACM reserves the right to investigate and take appropriate legal action against anyone who, in ACM’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- Infringe any intellectual property or other proprietary rights of anybody,
- Violate contracts or fiduciary relationships,
- Spread viruses or other malicious code/security risk code,
- Communicate unsolicited/unauthorized advertising/promotion/solicitation,
- Do anything illegal, harmful, threatening, abusive, or harassing,
- Impersonate or misrepresent your identity or affiliation,
- Harvest contact info to send unsolicited communications, or
- Access (or try to access) materials/info through means not intentionally made available through the Service.
Fees: Parts of the site cost money. So we’ll ask for payment information. You are representing the payment info is true and that you’re authorized to use it. You’ll pay your bill, and you authorize us to charge your payment instrument according to your purchase/purchase plan. From time to time, we might change prices (including of the recurring subscriptions described in the next paragraph) and if you use the service after that, it constitutes agreement to pay the changed amount.
Recurring Subscriptions: We might offer plans with an auto-renewal feature, and if you select such a plan, you’re authorizing ACM to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that ACM is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, we may bill you for your Service and suspend your access to the Service until payment is received.
We may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period.
Commercial Use: Unless otherwise expressly authorized by ACM in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ACM, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any rights not expressly granted herein are reserved by us.
The ACM name and logos are trademarks and service marks of ACM. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ACM Trademarks, logos, and service marks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ACM Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will ACM be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, but that we and our designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, ACM and its designees will have the right to remove any content that violates these Terms of Service or is deemed by ACM, in its sole discretion, to be otherwise objectionable. If you see some, let us know so we can address it.
User Content Transmitted Through the Service: If you upload content through the Service or share it with others, you represent and warrant that you own all right, title and interest in and to it, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit it without violation of any third-party rights. By uploading any content you hereby grant and will grant ACM and ACM faculty a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ACM, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: ACM respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim by e-mail to firstname.lastname@example.org or by mail at:
A Cappella MasterClass
501 4th St, #701
Lake Oswego, OR 97034
To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content, you may send a written counter-notice containing the following information: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of Oregon and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, ACM has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Websites: We may provide, links or other access to other sites and resources on the Internet. We do not control those and are not responsible for them, or any harm that comes to you in connection with them. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that ACM is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release: To the fullest extent permitted by law, you agree to release, indemnify and hold ACM and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, ACM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ACM MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ACM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at A Cappella MasterClass, 501 4th Street #701, Lake Oswego, OR 97034 and email@example.com, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Termination: You agree that ACM, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if ACM believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. ACM may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that ACM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ACM will not be liable to you or any third party for any termination of your access to the Service.
Disputes Between Users: You agree that you are solely responsible for your interactions with any other user in connection with the Service and we will have no liability or responsibility with respect thereto. ACM reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Wrap-Up: These Terms of Service constitute the entire agreement between you and ACM and govern your use of the Service, superseding any prior agreements between you and ACM and/or Acaville with respect to the Service. These Terms of Service will be governed by the laws of the State of Oregon without regard to its conflict of law provisions. With respect to any disputes or claims, you and ACM agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Clackamas County, Oregon. The failure of ACM to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of ACM, but we may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall ACM be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.