Terms And Conditions

TERMS OF USE CVA ONLINE.NL

Please read these Terms of Use carefully before using the Service or the Site as they contain important information regarding legal rights, remedies and obligations. If you do not agree to all of these Terms of Use, do not use the Service or the Site in any manner.

Stichting Musici van Morgen, a.k.a. Conservatorium of Amsterdam, with address Oosterdokskade 151, (101 DL) Amsterdam, the Netherlands, with Chamber of Commerce registration number 41198894 ("CvA Online" or “We” or “Us”) provides the platform to facilitate interactive online distance learning between music teachers, on the one hand, and music students, on the other hand in subscription-funded online environment. The variety of interactive online courses’, 1 on 1 lessons and Masterclass’ (collectively: “Course” or “Courses”) as well the network are provided by CvA Online and its affiliated entities or individuals, like music teachers (collectively: the "Company" or "CvA Online"). By accessing and using the website of CvA Online (http://www.cvaonline.nl/) or other Company websites, including the Courses (collectively: the "Site" or "Service") you agree to be and are bound by the Company's Terms of Use ("Terms of Use" or "Agreement") as described herein. The Company's Privacy Policy and any other policies that may be posted on the Site from time to time, are incorporated by reference into these Terms of Use and are applicable to your use of the Service. By using this Site and/or Service, you understand and agree to be bound by the Terms of Use whether or not you are a registered member of Company, the Service or Site.

For the avoidance of doubt, these Terms of Use are applicable to and form part of all offers and agreements between Company and you with respect to the sales and delivery of the Service, including the Courses. You can only appeal to deviating and/or supplementary conditions if and insofar as these have been explicitly accepted in writing by Us. Any general or other conditions of you shall not apply. Once you has concluded an Agreement by purchasing a Course governed by the present Terms of Use, all subsequent agreements regarding the purchase of (new) Courses entered into between the Company and you shall automatically be governed by these Terms of Use.

The Company may modify these Terms of Use from time to time and you will be informed via the Site. Such modification shall be effective upon posting on the Site. You agree to be bound by any modifications to these Terms of Use when you access the Site or use the Service, after any such modification is posted to the Site. It is important that you review the Terms of Use regularly.

Agreement
The Agreement between you and CvA Online will be concluded as soon as you purchased one of our Courses through the Site.

Personal Information
Non-Account Activity. You can access the Site in part without having an account. You can also contact us about the Site and/or Service and/or Courses without having an account. All such "Users" are also subject to this Terms of Use Agreement.
Account-Related Activity. If you want to participate in one or more subscription-funded Courses we require you to have an account. We ask for some personal information when you create an account, including your email address and a password, which is used to protect your account from unauthorized access, as well – and voluntarily - a profile picture of you. An account allows you to access the Service and Courses that require payment and registration.
Usage Information. We may record information about your usage, including without limitation such as when you use the Site and/or Service, the Courses you subscribe to, the videos you watch, your own video content you upload and the frequency and size of data transfers, as well as information you display or click on the Site.
Content Uploaded to Site. Any personal information, video content or other content that you voluntarily disclose within the online environment (on discussion with your teacher, IM communications, in messages and chat areas, if any) will be used by us for the purpose of the Service, including Course(s).

User Eligibility
The Site is intended for users who are sixteen (16) years of age or older. Any registration, use or access to the Site by anyone under the age of sixteen (16) is prohibited by these Terms of Use unless verified consent and permission is provided in writing by the parent. By using the Site you represent and warrant that you are sixteen (16) years of age or older, unless verified consent and permission is provided in writing by the parent or guardian.

User Registration
If you choose to register for an account, you agree to provide accurate, complete information about yourself as requested during the registration process ("Registration Process"). You will provide all content and other materials for posting on the Site in accordance with the Company's policies in effect from time to time including, without limitation, the manner of transmission to the Company. You will also be fully responsible for all use of your account and for any actions that take place on the Site using your account.

Term, Duration Courses and Prices
This Agreement, including all modifications and revisions, shall remain in full force and effect while, and each and every time, you use the Service, including Courses. While you use the Site, then these Terms of Use shall remain applicable. You may terminate or cancel your subscription to the Site at any time by simply going to My CvA Page on the Site and following the termination instructions under Subscription. To be clear to you, once you have purchased a Course you shall have access to that particular Course for the duration of one (1) year as of the date of purchase. This means that you should finish your lessons within aforesaid one year. If you – for whatever reason and unless otherwise agreed upon you and the Company – cannot manage to finish all your lessons within above period, you hereby withdrawn the right to claim for any certificate in this regard and/or the right to claim (partial) repayment of the paid price for the Course or any loss or whatever damage.

The current prices for the Courses are disclosed per Course on a particular subpages of the Site and the prices could vary from time to time and depends on the Course you like to purchase. For example the price for the Course Jazz Guitar Techniques you will find on the page http://www.cvaonline.nl/courses/detail/1/jazz-guitar-technique and for The Ear Training Test on the page http://www.cvaonline.nl/courses/detail/3/preparatory-course-for-the-ear-training-test-of-the-jazz-department-part-1. Once you have chosen the Course you like to purchase you continue the purchase process by choosing your online payment method. The Site offers you a variety of methods, like but not limited to IDEAL, credit card or PayPal. Unless otherwise agreed upon, all prices for the Courses are including of VAT.

Non-refundable Payment
The Courses will be available right after your payment has been processed. Therefore you hereby agree that the accessibility and availability of the Courses lies before the end of the so-called withdrawal period of fourteen (14) days and you hereby irrevocably waive your right to cancel the (re-payment for the) Courses based on such withdrawal right. This means that all prices relating to your purchase of any Course (as described above), are non-refundable. If you terminate or cancel your subscription, the termination or cancellation will be effective at the end of the Course which allows you to keep access to the Service/Course. To be clear, we do not offer prorated refunds or credits for any portion of the subscription price for a terminated or cancelled subscription. This means that if you purchased a Course your termination or cancellation does not affect your payment in this regard. In other words, if you terminate or cancel your subscription we shall not pay you back the (remaining) monies you have paid for the Course. All requests for an exception must be submitted in writing to info@cvaonline.nl. No refunds will be given if the student has filed a chargeback/dispute with their payment provider or there is indication of excessive use of the site's video lessons or other services provided on the site. The amount and form of any credit or refund and the decision to provide them are at our sole and absolute discretion.

Right to Reject and Retain Content
We reserve the right to reject, cancel and/or remove the posting and display of any content or other materials (including URL links) for any reason and at any time, including without limitation any violation of these Terms of Use or applicable law and regulations. We shall have the right to terminate your User Registration without notice if any content or other material is rejected, cancelled and/or removed by Us, in which case We reject any liability for loss or damage of you or third parties in this regard.

Rules regarding usage of the Service
You understand that you will use the Service and Site for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service or on the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other person or proprietary rights, or contain defamatory, blasphemous or unlawful material. You agree to use the Service and Site only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Service or Site by any means other than through the interface that is provided by the us, unless you have been specifically allowed to do so in a separate agreement with us. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not assign, transfer, reproduce, duplicate, copy, sell, trade or resell the Service or any and all content on the Site, including the Courses for any purpose. You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and/or for any use of the Service or Site and for the consequences (including any loss or damage which Company may suffer) of any such breach.

Prohibited Content and Activities
While using the Service and/or Site you represent and agree that you will not:
Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
Use automated scripts to collect information from or otherwise interact with the Service or Site.
Engage in any commercial activity unless expressly approved in writing by the Company.
Engage in unauthorized framing of or linking to the Site.
Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
Register for a User account on behalf of an individual other than yourself without the consent of that individual, or register for a User account on behalf of any group or entity without the consent of the group or entity.
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and/or credit card numbers.
Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Use or attempt to use another's account, service or system without authorization from us, or create a false identity on the Service or Site.
Upload, post, transmit, share, store or otherwise make available content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the rightful owner to do so.
Upload, post, transmit, share or otherwise make available any log in or password chosen by or issued to you or any access to the Site other than one registered user per paid account.

Engaging in any of the above will result in the immediate termination of your User Account and access to the Service and Site without prior notice and at the Company's sole discretion, including the right to remove all your posted content and our right to terminate your User Registration, in which case We reject any liability for loss or damage of you or third parties in this regard.

While we assume no responsibility for monitoring the Site, we will, when it deems appropriate, investigate activity or cooperate with governmental authority in investigating any activity in connection with the Site or Service that we believe may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by us, we will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. We reserves the right to restrict your activity on, and/or block your access to, the Site and/or Service at any time for any reason without notice to you.

Your Content Posted to the Site
You are solely responsible for the content, including profiles (including your name and image), messages, notes, information, music, pictures, video and any and all other content that you upload, publish or display (hereinafter, "post"), and the consequences of such posting, transmission or sharing, on or through the Service or the Site, or transmit to or share with others users (collectively the "User Content"). You may not post, transmit or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the We may, but are not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of us violates this Agreement, applicable law, or which might be offensive, obscene, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to us. We will terminate your access to the Site and/or Service if you are determined to be a repeat offender in its sole discretion. You represent and warrant that you have all rights in and to your User Content (whether through ownership or licenses, consents, and permissions from the owner) required for you to lawfully submit your User Content to the Site and grant the rights to your User Content provided in the Agreement. You further represent and warrant that your User Content posted to the Site has all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your User Content, including yourself, in the manner contemplated by the Site and/or Service and this Agreement and the posting and transmission of your User Content does not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contact rights or any other rights of any person or entity.

Your posts of your video’s of yourself for feedback purposes during the Courses will be stored by Us for the (remaining) duration of the Courses of four (4) month. After expire of this duration We shall destroy your video’s at our sole discretion without notice to you.

Content License
By submitting User Content, i.e. you video for feedback purposes, to the Site or Service you hereby grant to the Company a non-exclusive, royalty-free, worldwide license to access, use, perform, display, reproduce, copy, transmit, and distribute User Content, and all copyrights, neighbouring rights, trademarks and other proprietary rights therein, in connection with the Service and the Site for the purpose of executing the Agreement.

Website Administration and Security
We will make commercially reasonable efforts to provide a safe and secure environment for its Users. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service or Site. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.

Proprietary Rights
You acknowledge and agree that we (or Company's affiliates and/or licensors) own all legal right, title and interest in and to the Site and/or Courses and/or Service, including any intellectual property rights. This means for example that the contents of the Site and/or Service and/or Course(s) are protected by copyright. Copying, changing, making available to the public, distributing or storing of information or data, and notably of texts, parts of texts, logos, artwork, musical works, sound and/or video recordings which embodies works, parts thereof or picture material, requires our prior written consent. You further acknowledge that the Site and/or Courses and/or Service may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent. Unless you have agreed otherwise in writing with us, nothing in the Terms of Use gives you a right to use any of our trade names, trademarks, service marks, logos, domain names and other distinctive brand features.

Liability / exemption from liability
Either party warrants to indemnify the other party against third party claims that are brought forward as a result of grossly negligent or intentional misrepresentations by the warranting party in relation to any service promises under this Agreement or the conditions of use. Furthermore the parties agree that We are is not liable for the non-accessibility, non-availability, delays of the Site, or associated websites, and/or Service and/or Courses or non-compliance with our obligations under the Agreement in case of an Act of God or as a result of an infringement of the law by you or by third parties, unless the non-accessibility or non-availability or access to the Site was delayed or not realized on the grounds of a grossly negligent or intentional act by the Company. We shall not be liable for any – direct either indirect - damage or loss suffered by you involved arising from any failure to meet any guarantee or obligation set out in the Agreement in whole or in part, including but not limited to damage or loss arising from any failure to meet any guarantee or obligation mutually agreed between you and the teacher(s) of the Course(s) involved.

The Site and Service are controlled and offered by Company from its facilities in the Netherlands. Company makes no representations that the Site and Service, including the Course(s) are appropriate or available for use in the Netherlands or other locations. Those who access or use the Site and/or Service and/or Course(s) from other jurisdictions do so at their own volition according to these Terms of Use and are responsible for compliance with local law.

Company makes no warranties or representation about the availability, accessibility and/or accuracy or completeness of this Site’s and/or Service’s content, including the Course(s) or the content of any site and/or service linked to this Site and/or Service and/or Course(s) and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site or Service or Course, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site and/or Service and/or Course(s), (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (vi) 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 content posted, emailed, transmitted, or otherwise made available via the Site.

Force Majeure
Neither party shall be liable for, or considered in breach of these Terms of Use on account of, any delay or failure to perform as a result of any causes or conditions which are beyond such party's reasonable control including without limitation, fire, Acts of God, riots and insurrections, strikes, boycotts or lockouts, embargoes, judicial action, lack of or inability to obtain resources, power or communication failures and acts of civil or military authorities.

Validity of the Agreement
Should individual provisions of Term of Use and the Agreement be or become void or ineffective and/or conflict with legal provisions, then this will not affect the validity of any other conditions of use. The ineffective provisions shall be replaced by the parties to the Agreement by provisions that best meet the economic purpose of the ineffective provisions in a legally effective way. This shall correspondingly apply to any missing provisions.

Written form, applicable law and jurisdiction
All the declarations transmitted in connection with the use of the website must be made in writing. This may be done by sending an e-mail. The provisions of these Terms of Use, as well as any disputes connected with or ensuing from the Agreement, shall be exclusively governed by the laws of the Netherlands. Any disputes ensuing from or connected with the provisions of these Terms of Use and the Agreement shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands, unless imperative law prescribes otherwise. The applicability of the Vienna Sales Convention is expressly excluded.