Terms and Conditions
Overview
BY VISITING THEMUSICPRACADEMY.COM, DIYPRGROUP.COM OR ANY OF THE
ASSOCIATED PRODUCT OR SERVICE WEBSITES, COLLECTIVELY "SITES", YOU ARE
CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS.
The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other
users of the Sites. The term "Services" refers to products and services offered by DIY
Public Relations, Inc., dba The Music PR Academy, including but not limited to, a blog,
email series, books, ebooks, coaching packages, programs and online courses
hosted on any of The Music PR Academy's Sites.
Use of any of The Music PR Academy's Sites, including all materials presented herein
and all online Services provided by The Music PR Academy, is subject to the following
Terms and Conditions. These Terms and Conditions apply to all Site visitors,
customers, and all other users of the Sites. By using the Sites or Services, you
agree to these Terms and Conditions, without modification, and acknowledge
reading them.
Use of the Sites and Services
To access or use the Sites, you must be 18 years of age or older and have the
requisite power and authority to enter into these Terms and Conditions. Children
under the age of 18 are prohibited from using the Sites. Information provided on
the Sites and in the Services related to public relations and other information are
subject to change. The Music PR Academy makes no representation or warranty that
the information provided, regardless of its source (the “Content”), is accurate,
complete, reliable, current, or error-free. The Music PR Academy disclaims all liability
for any inaccuracy, error, or incompleteness in the Content.
Account Creation
In order to use the Sites and Services, you may be required to provide information
about yourself including your name, email address, username and password, and
other personal information. You agree that any registration information you give
to The Music PR Academy will always be accurate, correct, and up to date. You must
not impersonate someone else or provide account information or an email
address other than your own. Your account must not be used for any illegal or
unauthorized purpose. You must not, in the use of the Services, violate any laws in
your jurisdiction.
Lawful Purposes
You may use the Sites and Services for lawful purposes only. You agree to be
financially responsible for all purchases made by you or someone acting on your
behalf through the Sites. You agree to use the Sites and to purchase services or
products through the Sites for legitimate, non-commercial purposes only. You
shall not post or transmit through the Sites any material which violates or
infringes the rights of others, or which is threatening, abusive, defamatory,
libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or
otherwise objectionable, contains injurious formulas, recipes, or instructions,
which encourages conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to The Music PR Academy's acceptance of your order
or requests. The Music PR Academy reserves the right to refuse service to any order,
person or entity, without the obligation to assign reason for doing so. No order is
deemed accepted by The Music PR Academy until payment has been processed. The
Music PR Academy may at any time change or discontinue any aspect or feature of
the Sites or Services, subject to The Music PR Academy fulfilling previous
responsibilities to you based on acceptance of your payment.
Order Confirmation
The Music PR Academy will email you to confirm the placement of your order and
with details concerning product delivery. In the event that there is an error in this
email confirmation, it is your responsibility to inform The Music PR Academy as soon
as possible.
Cancellations, Refunds & Returns
Terms and conditions of pre-paid coaching packages will be governed by
contract agreement entered into between you and The Music PR Academy.
For all online courses, Site visitors who request and are granted a refund will
immediately have their access to all program materials revoked. "Program
materials" may include, but are not limited to, members' areas, bonuses,
communities and coaching services.
Product Description
The Music PR Academy endeavors to describe and display the Sites and Services as
accurately as possible. While The Music PR Academy tries to be as clear as possible in
explaining the Sites and Services, please do not accept that the Sites' and
Services' descriptions are entirely accurate, current, or error-free. From time to
time The Music PR Academy may correct errors in pricing and descriptions. The Music
PR Academy reserves the right to refuse or cancel any order with an incorrect price
listing.
Material You Submit to the Sites
You shall not upload, post or otherwise make available on the Sites any artwork,
photos, or other materials (collectively “Materials” protected by copyright,
trademark, or other proprietary right without the express written permission of
the owner of the copyright, trademark, or other proprietary rights, and the
burden of determining that any Materials are not so protected rests entirely with
you. You shall be liable for any damage resulting from any infringement of
copyrights, trademarks, or other proprietary rights, or any other harm resulting
from such a submission. For all Materials submitted by you to the Sites, you
automatically represent or warrant that you have the authority to use and
distribute the Materials, and that the use or display of the Materials will not violate
any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights to Your Materials
The Music PR Academy claims no intellectual property rights over the material you
supply to The Music PR Academy. You retain copyright and any other rights you may
rightfully hold in any content that you submit through the Sites or Services.
Content you submit to The Music PR Academy remains yours to the extent that you
have any legal claims therein. You agree to hold The Music PR Academy harmless
from and against all claims, liabilities, and expenses arising out of any potential or
actual copyright or trademark misappropriation or infringement claim against
you. By posting material on the Sites, you grant The Music PR Academy a worldwide,
nonexclusive, irrevocable license to use the material for promotional, business
development, and marketing purposes.
The Music PR Academy's Intellectual Property
The Sites and Services contain intellectual property owned by The Music PR Academy,
including trademarks, copyrights, proprietary information, and other intellectual
property. You may not modify, publish, transmit, participate in the transfer or sale
of, create derivative works from, distribute, display, reproduce or perform, or in any
way exploit in any format whatsoever any of the Sites' or Services' Content or
intellectual property, in whole or in part, without The Music PR Academy's prior
written consent. The Music PR Academy reserves the right to immediately remove
you from the Service, without refund, if you are caught violating this intellectual
property policy.
All other trademarks displayed on the Sites are the intellectual property of their
respective owners.
Changed Terms
The Music PR Academy may at any time amend these Terms and Conditions. Such
amendments are effective immediately upon notice to you by The Music PR Academy
posting the new Terms and Conditions on this Site. Any use of the Sites or
Services by you after being notified means you accept these amendments. The
Music PR Academy reserves the right to update any portion of the Sites and Services,
including these Terms and Conditions, at any time. The Music PR Academy will post
the most recent versions to this Site and list the effective dates below the Terms
and Conditions section.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL DIY PUBLIC RELATIONS, INC.
DBA THE MUSIC PR ACADEMY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES
ARISING OUT OF YOUR USE OF THE SITES OR SERVICES. ADDITIONALLY, THE
MUSIC PR ACADEMY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE,
ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III)
THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS
OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL
PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT,
TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES
EVEN IF THE MUSIC PR ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF OR
COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR
LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN
NO EVENT SHALL The Music PR Academy’S CUMULATIVE LIABILITY TO YOU EXCEED
THE TOTAL PURCHASE PRICE OF THE PRODUCT OR SERVICE YOU HAVE
PURCHASED FROM THE MUSIC PR ACADEMY, AND IF NO PURCHASE HAS BEEN
MADE BY YOU The Music PR Academy’S CUMULATIVE LIABILITY TO YOU SHALL NOT
EXCEED $100.
Third Party Resources
The Sites and the Services contain links to third party websites and resources. You
acknowledge and agree that The Music PR Academy is not responsible or liable for the
availability, accuracy, content, or policies of third party websites or resources. Links
to such websites or resources do not imply any endorsement by or affiliation with
The Music PR Academy. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites or resources.
Indemnification
You shall indemnify and hold The Music PR Academy harmless from and against any
and all losses, damages, settlements, liabilities, costs, charges, assessments, and
expenses, as well as third party claims and causes of action, including, without
limitation, attorney’s fees, arising out of any breach by you of any of these Terms
and Conditions, or any use by you of the Sites or Services. You shall provide The
Music PR Academy with such assistance, without charge, as The Music PR Academy may
request in connection with any such defense, including, without limitation,
providing The Music PR Academy with such information, documents, records, and
reasonable access to you, as The Music PR Academy deems necessary. You shall not
settle any third party claim or waive any defense without our prior written
consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement
are included for convenience only and shall not affect the construction or
interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and The Music PR
Academy pertaining to the Sites and Services and supersedes all prior and
contemporaneous agreements, representations, and understandings between
you and The Music PR Academy. No waiver of any of the provisions of this Agreement
by The Music PR Academy shall be deemed, or shall constitute a waiver of any other
provision, whether or not similar, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by The Music PR
Academy.
Notices
All notices, requests, demands, and other communications under this Agreement
shall be in writing and properly addressed via email to The Music PR Academy at
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by the laws
of the State of California as applied to contracts that are executed and performed
entirely in California. The exclusive venue for any arbitration or court proceedings
based on or arising out of this Agreement shall be Los Angeles County, California.
The parties agree to attempt to resolve any dispute, claim, or controversy arising
out of or relating to this Agreement by mediation, which shall be conducted
under the then current mediation procedures of The CPR Institute for Conflict
Prevention & Resolution or any other procedure upon which the parties may
agree. The parties further agree that their respective good faith participation in
mediation is a condition precedent to pursuing any other available legal or
equitable remedy, including litigation, arbitration, or other dispute resolution
procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the
enforcement of this Agreement, or because of an alleged dispute, breach, default,
or misrepresentation in connection with any of the provisions of this Agreement,
the successful or prevailing party or parties shall be entitled to recover reasonable
attorney’s fees and other costs incurred in that action or proceeding, in addition
to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an
arbitrator or a court of competent jurisdiction to be invalid, void, or
unenforceable, the rest of the Agreement shall remain in full force and effect and
shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties’
successors and assigns. These Terms and Conditions are not assignable,
delegable, sub licenseable, or otherwise transferable by you. Any transfer,
assignment, delegation, or sublicense by you is invalid.
Last Updated: November 25, 2019
Privacy Policy
Overview
The Music PR Academy values the privacy of their visitors and customers, and it is of
extreme importance to them. The following privacy policy outlines the types of
information received and collected by The Music PR Academy via
themusicpracademy.com and their product websites, collectively "Sites", and explains
how it is used. By visiting any of The Music PR Academy's Sites, you are automatically
consenting to the privacy policy as outlined below.
The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other
users of the Sites. Use of the Sites, including all materials presented herein and all
online products and services provided by The Music PR Academy, is subject to the
following privacy policy. This privacy policy applies to all Site visitors, customers,
and all other users of the Sites and associated products. By using any of The Music
PR Academy's Sites, you agree to this privacy policy, without modification, and
acknowledge reading it.
If you have any questions or concerns regarding this privacy policy or information
collection and storage methods, please email The Music PR Academy at
Personal Information
The Music PR Academy only collects the personal information you voluntarily provide
to them, which may include, but is not limited to, your name, email address and
home address. The information you provide is used to process transactions, send
periodic emails, and improve the service The Music PR Academy provides. The Music PR
Academy does share your information with trusted third parties who assist them in
operating their Sites, conducting their business and servicing clients and visitors.
These trusted third parties agree to keep this information confidential. Your
personal information will never be shared with or sold to unrelated third parties. It
may be necessary − by law, legal process, litigation, and/or requests from public
and governmental authorities within or outside your country of residence − for The
Music PR Academy to disclose your personal information.
Anonymous Information
Activity
The Music PR Academy may record information relating to your use of their Sites, such
as the searches you undertake, the pages you view, your browser type, IP address,
requested URL, referring URL, and timestamp information. The Music PR Academy
uses this type of information to administer these Sites and provide the highest
possible level of service to you. The Music PR Academy also uses this information in
the aggregate to perform statistical analyses of user behavior and characteristics
in order to measure interest in and use of the various areas of the Sites.
Cookies
The Music PR Academy may send cookies to your computer in order to uniquely
identify your browser and improve the quality of their service. The term “cookies”
refers to small pieces of information that a website sends to your computer’s hard
drive while you are viewing their Sites. The Music PR Academy may use both session
cookies (which expire once you close your browser) and persistent cookies (which
stay on your computer until you delete them). You have the ability to accept or
decline cookies using your web browser settings. If you choose to disable cookies,
some areas of The Music PR Academy's Sites may not work properly or at all. The Music
PR Academy's Sites do not respond to "Do Not Track" signals sent by your browser.
Third Party Links
The Music PR Academy's Sites may contain links to third party websites. Except as
otherwise discussed in this Privacy Policy, this document only addresses the use
and disclosure of information The Music PR Academy collects from you on their Sites.
Other websites accessible through their Sites via links or otherwise have their
own policies in regard to privacy. The Music PR Academy is not responsible for the
privacy policies or practices of third parties.
Security
The Music PR Academy maintains security measures to protect your personal
information from unauthorized access, misuse, or disclosure. However, no
exchange of data over the Internet can be guaranteed as 100% secure. While The
Music PR Academy makes every effort to protect your personal information shared
with them through their Sites, you acknowledge that the personal information
you voluntarily share with The Music PR Academy through their Sites could be
accessed or tampered with by a third party. You agree that The Music PR Academy is
not responsible for any intercepted information shared through their Sites
without their knowledge or permission. Additionally, you release The Music PR
Academy from any and all claims arising out of or related to the use of such
intercepted information in any unauthorized manner.
Children
To access or use The Music PR Academy's Sites, you must be 18 years old or older and
have the requisite power and authority to enter into this privacy policy. Children
under the age of 18 are prohibited from using The Music PR Academy's Sites. The Music
PR Academy does not knowingly collect personal information from children under
the age of 18. If The Music PR Academy learns that personal information of any children
under 18 has been collected, she will take steps to delete this information as soon
as possible.
Updating Your Information
You may access and correct your personal information and privacy preferences by
contacting The Music PR Academy via email at [email protected].
Changes to This Policy
You acknowledge and agree that it is your responsibility to review The Music PR
Academy's Sites and this privacy policy periodically and to be aware of any
modifications. The Music PR Academy will notify you of any changes to this privacy
policy by posting those changes on this page.
Last Updated: July 6, 2021
Disclaimers
General
themusicpracademy.com, the affiliated blog and email series, and affiliated products
are educational and informational resources for business owners. They are not
substitutes for working with a business consultant or other professional. The Music
PR Academy cannot guarantee the outcome of following the recommendations
provided and any statements made regarding the potential outcome are
expressions of opinion only. The Music PR Academy makes no guarantees about the
information and recommendations provided herein. By continuing to use, read,
watch, and participate in themusicpracademy.com and the associated blog, email
series
and Products, you acknowledge that The Music PR Academy cannot guarantee any
particular results, as such outcomes are based on subjective factors that are not
within their control. Therefore, following any information or recommendations
provided on themusicpracademy.com, its affiliated blog, email series and Products are
at your own risk. If you need business advice, you should hire a business
consultant or other professional.
Product Descriptions
The Music PR Academy aims to describe and display their Products as accurately as
possible. However, she cannot guarantee that the features of each Product will be
completely accurate. Likewise, The Music PR Academy cannot guarantee their uses for
your particular circumstances and purposes. Please do not accept that the
Product descriptions contained on themusicpracademy.com and affiliated Product
websites are entirely accurate, current, or error-free. Occasionally, The Music PR
Academy may correct errors in pricing and merchandise descriptions.
Affiliate Links
Some of the links contained on or within themusicpracademy.com, the affiliated blog,
email series and affiliated Products are affiliate links. This means that she may
receive a commission if you click on one of these affiliate links and make a
purchase from the affiliate. The Music PR Academy only recommends products and
services that she knows or trusts to be of high quality, whether an affiliate
relationship is in place or not.
Last Updated: July 9, 2021
