Terms and Conditions of Use
- By accessing and/or joining Online Music Institute (OMI Inc.), you ("student") are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
- In these terms and conditions, music ‘teacher’ refers to all registered teaching members of the Online Music Institute. Music ‘student’ refers to any other registered user of the Online Music Institute.
- Permission is granted to temporarily download one copy of the materials (information or software) on Online Music Institute's web site 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:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Online Music Institute 's web site;
- remove any copyright or other proprietary notations from the materials; or
- 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 OMI Inc. 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.
- All registered students warrant and self certify that they are over 18 years of age and can form legally binding contracts under their applicable law.
- Any student under 18 years of age must be registered by an adult parent or guardian.
- All lessons for students under 18 years of age must be supervised by an adult parent or guardian unless written permission is granted by the adult parent or guardian for the student to partake in unsupervised lessons.
- Students are required to display information designated by specific database field instructions
- Students are required to display their legitimate first and last names. Unrelated data interferes with administrative functions and will be removed without notice.
- Students may NOT publish the following items on any publicly displayed pages:
- personal E-Mail addresses
- re-directing URLs, in any form
- Phone numbers
- Students may list up to four (4) instruments.
- We reserve the right to use students' photographic images and forum content to promote Online Music Institute Service.
- Students must request removal of account in writing. They must provide Username and/or original email they used to create a Online Music Institute account.
- We reserve the right to reject and/or discontinue any account, for any reason.
- Online Music Institute is a membership-based service that uses a database and does not guarantee specific listing positions. As accounts are added and removed, order or search results may vary.
- OMI Inc. does not guarantee that students will obtain performing opportunities from this service.
- Online Music Institute uses PayPal, Inc. for PayPal users and/or credit card payments. No personal financial information (credit card information, Social Security number) is stored on the Online Music Institute's servers.
- Registered students are solely responsible for the content and accuracy of all information published by them on the Online Music Institute.
- OMI Inc. reserves the right to terminate the membership of any registered student for any reason. No refunds, payments or compensation of any kind will be paid to members whose registration has been terminated under this condition.
- All registered students agree not to post, distribute, publish or by any other means transmit material which is offensive, including offensive music, photography or any other material of an offensive or sexual nature. Breach of this condition by any member will result in termination of that members registration and may result in the appropriate authorities being notified.
- OMI Inc. reserve the right to monitor communications between all registered members for the purposes of ensuring the integrity and security of the Online Music Institute and to ensure the safety of all members of the Online Music Institute.
- By accepting these Terms and Conditions, all registered students agree to book and pay for all lesson times with registered Online Music Institute teachers through the the Online Music Institute website. Failure to adhere to the booking procedure stated above, and in particular any action whatsoever taken by a registered student to arrange a lesson time with a registered Online Music Institute teacher through any other means such that a booking fee is not paid to OMI Inc., may result in the termination of both that student’s membership and that of the teacher concerned, and or legal action against that student or the teacher concerned for recovery of any monies deemed owing to OMI Inc..
- All registered students agree to OMI Inc. acting as agent for them for the purposes of booking lessons with a particular teacher on their behalf. All fees charged by OMI Inc. in connection with the booking and scheduling of lessons with registered teachers are due solely from the registered student who made the booking. This condition shall not however restrict OMI Inc.’s ability to seek to recover any monies owed to the company in connection with lessons under Condition 22 of these Terms and Conditions from either the registered teacher or student concerned.
- It is the sole responsibility of each registered student to ensure that all personal details, including contact email addresses are up to date and accurate at all times. By accepting these terms and conditions all registered students hereby release OMI Inc. from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to inaccurate personal information being held on the the Online Music Institute website, systems and supporting infrastructure and hardware.
- OMI Inc. request that all parties seeking to register on the Online Music Institute verify their contact email details as part of the registration process. OMI Inc. undertakes this process to ensure that a valid email address is supplied for the purposes of proper PayPal transactions and receipts.
By accepting these terms and conditions all registered parties hereby release OMI Inc. from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to a failure on the part of a registered teacher to ensure that their personal contact details, including their contact email address, are accurate at all times.
- OMI Inc. is not responsible for the delivery, quality or performance of any individual lesson booked through the Online Music Institute. By agreeing to these terms and conditions, registered students agree that performance of OMI Inc. contractual obligations to registered students in respect of any individual lesson booking will be deemed complete by notification of the details of that booking to the relevant teacher and student concerned via email and their respective personal pages on the Online Music Institute.
- The Online Music Institute facilitates an online market place for music students and music teachers. OMI Inc. is not responsible for checking the validity of any individual registered teacher’s qualifications or background. By accepting these terms and conditions all registered students and teachers hereby release OMI Inc. from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out legal contracts or other agreements or communications of whatever kind between registered members be they teachers or students.
- OMI Inc. is not responsible for the quality of services provided by teachers registered on the Online Music Institute. Teachers and students contract directly with each other with the Online Music Institute facilitating the transaction. Where there is a dispute by a registered student over the quality, duration, standard or any other matter whatsoever with respect to a lesson or any associated service performed by a registered teacher, this is a matter to be resolved between the registered student and the registered teacher directly as the two principles to the contract. No refunds will be made by OMI Inc. whatsoever in relation to the quality, duration or standard of the service provided, or any other issues which are under the control or influence of the teacher concerned.
- OMI Inc. will not be held responsible for the quality of the Skype interface or the quality of communications between a student and a teacher using Skype. Skype is a third party communications solution and is in no way the responsibility of OMI Inc..
- Should a registered student be unable to attend a booked lesson or lessons, that student may reschedule the booked lesson or lessons to any other available time or times with the same teacher at no cost or penalty. Cancellation as opposed to rescheduling of a booked lesson or lessons by a registered student will however result in a 15% cancellation fee paid in respect of the cancelled lesson or lessons.
Where a registered student cancels a booked lesson or lessons, any refund of lesson fees already paid directly to an individual teacher in respect of the lesson or lessons cancelled will be at the sole discretion of the individual teacher concerned and requests for a refund should be made by the individual student directly to the individual teacher concerned.
- Registered students on the Online Music Institute are entitled to a full refund of the lesson fee or fees paid in respect of a lesson or lessons which are cancelled and not rescheduled by the relevant teacher, and in respect of a lesson or lessons where the teacher failed to attend the lesson in its entirety. In such circumstances refund requests should be directed within 24 hours by the student concerned to Member Support stating the full details of the lesson concerned including the teacher, lesson date, lesson time and nature of the complaint. Following verification of the complaint by the Online Music Institute which will include obtaining confirmation of the facts from the teacher concerned, the Online Music Institute will endeavor to issue a full refund of the lesson fee or fees paid to the student concerned within 4 to 7 working days.
Online Music Institute: Membership-based, proprietary network for independent music professionals, provided on "as is" and "as available" basis. OMI Inc. 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. Further, OMI Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
OMI Inc. makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using the service. OMI Inc. shall not be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in Online Music Institute or for any damages resulting therefrom.
Members contributing materials on any of Online Music Institute Web pages, both public and private, do so at their own discretion and are responsible for the content of that material. OMI Inc. has no responsibility for the content of any messages or information posted by users, or for the content of information of third-parties on the Internet, even if accessed through Online Music Institute' pages. OMI Inc. retains the right, in its sole discretion, to delete from the Service any material which we deem to be inappropriate.
OMI Inc. makes no guarantee that the functions or the services provided by or through Online Music Institute will be error-free or without defect.
OMI Inc. cannot guarantee the accuracy of the exchange rates used by the currency converter. You should confirm current rates before making any transactions that could be affected by changes in the exchange rates. Foreign currency rates provided by Citibank N.A. and displayed under license. Rates are for information purposes only and are subject to change without notice. Rates for actual transactions may vary, and Citibank is not offering to enter into any transaction at any rate displayed.
- Revisions and Errata
The materials appearing on Online Music Institute's web site could include technical, typographical, or photographic errors. OMI Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. OMI Inc. may make changes to the materials contained on its web site at any time without notice. OMI Inc. does not, however, make any commitment to update the materials.
OMI Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by OMI Inc. of the site. Use of any such linked web site is at the user's own risk.
- OMI Inc. reserves the right to amend the Terms and Conditions of Use at any time and to notify all users of the service via either email correspondence or other appropriate means.
- The provisions of this Agreement shall be governed by the laws of the state of California, in the United States of America. The provisions of this agreement are severable and, if any provision of this User Agreement is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced.