Terms and Conditions
Agreement between User and https://peckinsstudioonline.com/
Welcome to https://peckinsstudioonline.com/. The https://peckinsstudioonline.com/ website (the "Site" or "Services") is comprised of various web pages operated by Joshua Peckins ("us", "we", or "our"). https://peckinsstudioonline.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://peckinsstudioonline.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
You must be the legal age of majority in your state of residence or otherwise able to form a binding contract with us in order to use the Site. In no event is use of the Site permitted by those under the age of 13.
Description of Services
https://peckinsstudioonline.com/ is a subscription service that provides our subscribers with access to violin instructional materials, such as videos and PDF's, to stream and view over the Internet to certain Internet-connected computers, smartphones and other devices.
This Site is intended as a supplement to private violin lessons, and should be used in addition to private lessons with a qualified, experienced, professional violin teacher. This Site does not claim that you can learn to play the violin without a private teacher, and is not a substitute for private violin lessons. No guarantee is made about learning or progress that may result from using this Site.
This Site and its membership plans do not include access to Joshua Peckins or any other teachers, video chat or live instruction of any kind, or individual instruction of any kind. We do not guarantee responses to questions specifically for Joshua Peckins, questions about how to play the violin, or questions about any of the content on this Site. Occasionally, and at our sole discretion, we may answer such questions, which does not imply future responses and does not represent a change to these Terms and Conditions.
No medical advice of any kind is offered by this Site. Any content on this Site that makes suggestions about reducing the risk of injury is not medical advice and will not eliminate the risk of injury. Playing the violin creates a risk of injury. You agree to consult your doctor before making any changes to your physical routine, which includes playing the violin, practicing, and adopting any new techniques. If you feel any pain, fatigue, or discomfort during or after playing, you agree to stop immediately and consult your doctor. Never play the violin if it causes pain or fatigue. In no event shall Joshua Peckins be liable for any injury that may result from your use of this Site including, without limitation, hearing loss, repetitive use injuries, or any damage whatsoever.
This Site does not include access to music books, scores, or printable sheet music for the pieces and etudes it teaches. In order to study the pieces and etudes taught here, you will need to purchase music for those pieces and etudes separately, at cost to you.
This Site does not include access to a violin, bow, or instrument/equipment of any kind. In order to use this Site, you must purchase or rent a violin, bow, and certain accessories, at cost to you. You agree to obtain a violin, bow, and necessary accessories from a reputable violin shop, and to have your violin and bow inspected and maintained regularly by a qualified, professional luthier (violin maker). Any maintenance or repair costs incurred as a result of your use of this Site shall be your responsibility. In no event shall Joshua Peckins be liable for any damage to your violin, bow, or other equipment that may result from your use of this Site.
This Site is not affiliated with or endorsed by any music books, methods, schools, teachers, composers, organizations, or independently produced materials that may be referenced on this site, including (but not limited to) specific materials taught in our lessons and specific organizations referenced.
To use this Site, you must have Internet access and an up-to-date computer, tablet, or phone capable of accessing the Internet and streaming videos from Vimeo.com. The availability of our Site and Services will change from time to time, and may vary from country to country. Some, but not all, of our content will be available in HD, and HD service availability is subject to your Internet service and device capabilities. The quality of the display of the streaming aspects of the Service may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a course lecture will vary based on a number of factors, including your location, available bandwidth at the time, course or lecture you have selected and the configuration of your viewing device.
THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
We reserve the right to add and/or remove videos, PDF's, and other materials from the Site at our discretion. In addition, we continually test various aspects of our Services, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.
Auto-Renewals, Recurring Billing, and Subscriptions
Some parts of the Service are available on a paid subscription basis ("Subscription(s)", “Subscription Plan(s)”, "Paid Subscription(s)", “Membership(s)”, "Membership Plan(s)", or “Paid Membership(s)”). If you sign up for a Subscription, which may start with a free trial, you will be billed in advance on a recurring and periodic basis ("Billing Cycle" or "Membership Period(s)") for access to the content included in your Subscription, which is subject to change.
If you sign up for a Subscription, your Subscription, which may start with a free trial, will automatically renew and continue Membership Period to Membership Period unless and until we terminate it or you affirmatively cancel your Subscription through your online account management page.
The exact amount of your bill and frequency of your Billing Cycle are set forth in our pricing at the time you sign-up for a Subscription, which may begin with a Free Trial, and are viewable in your online account management. If you cancel, you may not be able to purchase the same Subscription Plan again if it is not available at that time.
You shall provide us with accurate and complete billing information including full name, email address, and a valid payment method information. By submitting such payment information, you authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
You must have Internet access and provide us with a current, valid, accepted method of payment (“Payment Method”) as such may be updated from time to time, to use our Service. We will bill the recurring Subscription fee to your Payment Method. You must cancel your Subscription before it renews each Billing Cycle in order to avoid billing of the next Billing Cycle's Subscription fees to your Payment Method.
BY SIGNING UP FOR A SUBSCRIPTION, YOU AGREE TO AUTOMATIC RENEWAL AND AUTOMATIC, RECURRING BILLING OF YOUR PAYMENT METHOD.
Limited and Selected Access to Content
Some materials on the Site are available for free, and some are available to members as part of a subscription. Some membership plans may give you access to only selected content; in this case, you may see other content on the Site, but you will not be able to access it without purchasing a different membership plan or stand-alone package that includes access. Content being listed or displayed on the Site does not imply access. We may offer content for sale that is not part of a membership plan ("stand-alone package"). Being a member does not guarantee or imply access to future materials, which may be offered for sale as a stand-alone package and/or a different subscription plan, even if they are offered under the Peckins Studio Online name or posted on this Site.
No guarantee is made about future access to lesson videos. We may update the Site at any time, without notice, in any way. Possible updates may include, by are not limited to, adding, removing, and replacing videos, PDF’s, website pages, lesson categories/features, other materials, as well as reorganizing the website. Any updates do not affect your membership cost. We do not guarantee that more content will become available in the future.
Under certain circumstances, and at our sole discretion, you may receive complementary access to this Site and some of its content. You may receive complimentary access if you are a member of an organization that purchases a set of subscriptions from us to give or sell to its members. You may receive complementary access directly from us.
If you receive complementary access, you are still bound by these Terms and Conditions. If you receive complimentary access, we may revoke your access at any time, at our sole discretion, and without notice. Receiving complimentary access in no way guarantees future access.
If you sign up for a paid subscription, you will be billed.
We may, at our sole discretion, make a trial offer for the use or limited use of the Site ("Trial Offer", “Free Trial”) to new customers who provide a valid payment instrument, such as a credit card or other payment method. If you choose to start a Trial Offer, you will automatically join the paid membership you have chosen at the end of the Trial Offer and you authorize us to charge your payment method a recurring monthly membership fee or annual membership fee, as applicable. Please contact us for additional details on our available memberships.
We may automatically charge you at the end of the trial or for a membership renewal unless you notify us before your free trial ends that you want to cancel your membership.
BY SIGNING UP FOR A FREE TRIAL, YOU AGREE TO BE BILLED AT THE END OF YOUR TRIAL OFFER, AND YOU AGREE TO AUTOMATIC RENEWAL AND AUTOMATIC, RECURRING BILLING OF YOUR PAYMENT METHOD.
To ensure uninterrupted service and to enable you to conveniently purchase additional products and services, we may store and update (e.g. upon expiration) your payment method on file. If we are unable to charge your designated payment method for any reason, we reserve the right to automatically downgrade your paid plan to a lower-priced plan, to suspend your paid membership until your designated payment method can be charged again, or to cancel your membership. Please note that it is your responsibility to maintain current billing information on file with us.
Coupon Codes and Discounts
If you sign-up using a coupon code ("Coupon", "Coupon Code", "Discount", "Discount Code", "Promotion", "Promotional Offer(s)", or "Promotion Code") that offers a limited time discount (e.g., a percentage or dollar amount discount for a limited term), automatic and recurring billing will continue at the full rate after your discount expires unless you cancel your membership in advance of the billing date. In such cases, you will not be notified at the time of the price change, because you were notified of this when originally signing up with the coupon code.
From time to time, various discounts, coupons, and other promotional offers may be announced. These offers are not guaranteed in the future, and may be revoked at any time. Only one coupon may be used for a membership account; coupons and discounts are not cumulative.
Visiting https://peckinsstudioonline.com/ or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
When you provide your e-mail address in a form or create an Account on our site, if you elect this option, we may add you to our mailing list(s) for newsletters, marketing or promotional materials and other information we may send. You agree to receive emails from us, including automatically generated promotional emails. You may opt out of receiving marketing and promotional communications from us by contacting us at email@example.com or following the unsubscribe link or instructions provided in any promotional email we send. If you have an Account with our Site, you cannot opt out of account and service related communications; termination of your account is the only way to end account and service related communication from us.
You may contact us with account-related questions using the contact page located at https://peckinsstudioonline.com/contact or by emailing us at firstname.lastname@example.org. A link to the contact page is included in the website footer.
We generally respond to account-related questions within one business week. Occasionally, a notice will be placed on the contact page, and response time may be significantly longer than one week.
If you have concerns that require termination of your account before we can respond to your communication, please see “Cancellation/Refund Policy” in these Terms and Conditions for instructions about cancelling your subscription.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Age Restrictions on Use of the Site and Children Under Thirteen
In no event is use of the Services permitted by those under the age of 13. We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Any materials on the Site relevant to children under thirteen is intended for exclusive use by a parent or guardian.
Consent to Cross-border Transfers
We may pay commissions to other organizations or individuals for promoting this website. Those organizations or individuals may be offered a commission in the form of a percentage of revenue generated from their referrals to us. If you have been referred to this Site, you may ask your referrer if they are part of our commission program. It is the referring organization’s or individual’s responsibility to disclose any commission to you; you will not be notified by us of any commission.
If you receive a commission from us for referring someone to this Site, you agree to disclose your relationship with us clearly and conspicuously anytime you advertise or recommend this Site or our services. The disclosure must be clearly visible anytime you are making a referral, recommendation, endorsement, or otherwise recommending or advertising this Site. For example, if you include a link to this Site in an email, on your website, on a printed flyer, or in a social media post, something similar to, "I get commissions for purchases made through this link," must be visible at the same time as the link.
You can cancel your subscription online anytime.
To cancel your subscription, log into your account management page by clicking “Your Account” in the lower-right corner of any page, click "View or cancel plans," click "cancel subscription," enter any word in the text box, and click "Cancel Subscription." (If you see “Log In / Sign Up” in the lower-right corner instead of “Your Account,” you must first log in to your account before completing these steps.) If you cancel, you will retain access until the end of your current membership period, and then your access will end.
Unsubscribing from a newsletter or email list will not cancel your membership.
You may cancel your plan at any time, and you will not be billed for subsequent membership periods; however, this will not entitle you to a refund for membership periods already billed. PAYMENTS TO US ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. For example, if you are on a monthly plan and have been billed for the current month, that month's payment is not refundable. If you are on an annual plan and have been billed for the current year, that year's payment is not refundable. If you cancel your membership before the next billing date, you will not have any subsequent payments.
If you sign up for a free trial, you can cancel your membership before your free trial expires, and you will not be billed. If you do not cancel before your free trial expires, you will be billed for your first membership period and will continue to be billed each membership period until you cancel your subscription. Payments are non-refundable once billed.
Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted in our sole discretion. At our sole discretion, we may choose to offer refunds, partial refunds, discounts, or other compensation. This in no way guarantees future refunds or discounts, and does not represent a change to these Terms and Conditions.
Links to Third Party Sites/Third Party Services
https://peckinsstudioonline.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
Certain services made available via https://peckinsstudioonline.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://peckinsstudioonline.com/ domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of https://peckinsstudioonline.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, PDF's, audio and/or video recordings, as well as the compilation thereof, and any software used on the Site, is the property of Joshua Peckins or our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. This includes, but is not limited to, content hosted off-site including, without limitation, videos hosted on Vimeo or Youtube. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Joshua Peckins and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Joshua Peckins or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by us from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use our Content accessed through https://peckinsstudioonline.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Joshua Peckins, our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Joshua Peckins reserves the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Joshua Peckins in asserting any available defenses.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, consolidation with other arbitrations and class/representative/collective actions aren't allowed. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST US.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JOSHUA PECKINS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
JOSHUA PECKINS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. JOSHUA PECKINS AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
INFORMATION AND OPINIONS RECEIVED VIA THE SITE AND/OR FROM JOSHUA PECKINS SHOULD NOT BE RELIED UPON FOR PERSONAL, PROFESSIONAL, MUSICAL, EDUCATIONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. In short, your use of our Services is at your own risk.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE LESSER OF $180 OR THE AMOUNT PAID BY YOU TO US FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.
We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Joshua Peckins as a result of this agreement or use of the Site. Joshua Peckins's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Joshua Peckins's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Joshua Peckins with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Joshua Peckins with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Joshua Peckins with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
We reserve the right, in our sole discretion, to change the Terms under which https://peckinsstudioonline.com/ is offered. The most current version of the Terms will supersede all previous versions. Any changes to these Terms will be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. "Existing members" in this case refers to members who are currently enrolled in a paid subscription. Continued use of this Site implies acceptance of the most current version of the Terms.
We encourage you to periodically review the Terms to stay informed of our updates. The most current version of the Terms will be posted online here: https://peckinsstudioonline.com/terms-and-conditions and a link to the Terms is included in the footer of every page of the Site.
Existing members will be notified of any changes to these Terms by a link to the most current version, including the date of revision, included in their billing cycle email receipt. For all other users including, without exclusion, users with complementary access, users without an account, users with an account but not currently enrolled in a subscription, former subscribers, and any users who do not receive a monthly billing cycle email receipt, your sole notice of any changes to these Terms will be the posting of the most current version of the Terms online at https://peckinsstudioonline.com/terms-and-conditions and a link to the Terms in the footer of every page of the Site.
We welcome your questions or comments regarding the Terms:
Effective as of April 12, 2019