Effective as of March 30 2020
These Supplemental Yousician for Teachers Terms supplement our Terms of Service (the “Terms”) that govern your access to and use of Yousician Ltd´s and all of its affiliates (hereinafter “Yousician” or “us/we”) services, products, applications and websites (collectively the “Services”), so please carefully read them before using the Services. Use of the Services is also governed by Yousician’s Privacy Notice.
Limited Time Period
Access to Yousician Premium is provided to qualifying teachers and students under the Yousician for Teachers program for free from March 30, 2020 through June 1, 2020 (the “Special Access Period”). Your Yousician Premium access will automatically end 3 months after activation. Teachers and students will have the opportunity to sign up for a paid Yousician Premium account after the end of Special Access Period.
Teachers will be asked to validate their association with that institution prior to establishing an account. Although we require teachers to provide accurate information about their institutional association, we cannot confirm or test any teacher’s academic qualifications or experience. If you believe that an educator has violated law or is defrauding, threatening or endangering anyone, Yousician urges you to immediately contact law enforcement directly.
By registering for an account you agree that Yousician acts only as an interface to facilitate communications between users. Yousician is not a party to any agreements entered into between users and Teachers or schools and are not employees of an educational institution or school.
Yousician has not been designed as an online educational service for use in official school activities, and it may not satisfy the regulatory requirements for online educational services in your jurisdiction. By signing up for a Yousician for Teachers account, teacher users are responsible for ensuring that their use of Yousician complies with the requirements of their jurisdiction, including the Family Educational Rights and Privacy Act (“FERPA”).
Student participation in Yousician for Teachers is restricted to users who are 13 or older in the United States, and may be restricted to users who are 13-16 and older in other countries. We do not knowingly collect or solicit personal data from anyone under the age of 13 or knowingly allow such persons to use our Service. If You are under 13, please do not attempt to access our Services, take them into use, or send us any information about yourself. If you believe that we might have received any information from or about a child under the age of 13, please contact us at firstname.lastname@example.org.
Governing Law and Dispute Resolution.
If you are a United States resident or otherwise assert a claim against Yousician in the United States, the following section replaces the Governing Law and Dispute Resolution provision of the Terms. For all other users, the Governing Law and Dispute Resolution provision in the Terms continues to apply.
- Governing Law. This Dispute Resolution Section will be governed by and interpreted in accordance with the U.S. Federal Arbitration Act, Title 9, United States Code, Section 1, et seq. (the “FAA”). All other terms will be governed by the laws of the State of New York without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Yousician agree that the FAA governs the interpretation and enforcement of these Terms, and that you and Yousician are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
- Exceptions and Opt-out. As limited exceptions to paragraph (b) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
- Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
- If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you, unless the arbitrator determines your claim to be frivolous. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
- Injunctive and Declaratory Relief. Except as provided in paragraph (b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, an injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
- Class Action Waiver. YOU AND YOUSICIAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- Effect of Changes on Arbitration. If Yousician changes any of the terms of this “Governing Law and Dispute Resolution” provision after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to info@Yousician.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Yousician’s email to you notifying you of such change.
- Severability. With the exception of any of the provisions in paragraph (h) of this section (“Class Action Waiver“), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.