TERMS & CONDITIONS
These terms and conditions govern your use of HDpiano.com, owned and operated by HD PIANO LLC and hereinafter referred to as “Website”; by using this Website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Website.
License to Use the Website
Unless otherwise stated, HD PIANO LLC and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You must not:
- Republish material from this Website, including republication on another Website;
- Sell, rent or sub-license material from the Website;
- Show any exclusive material from the Website in public;
- Reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
- Edit or otherwise modify any material on the Website; or
- Redistribute material from this Website, except for content specifically and expressly made available for redistribution.
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to this Website.
You must not use this Website to transmit or send unsolicited commercial communications. You must not use this Website for any purposes related to marketing without HDpiano’s express written consent.
HDpiano respects the intellectual property of others. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found here.
HDpiano’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: [firstname.lastname@example.org]
By mail: HD PIANO LLC 28700 Sweet Bay Ln, Bonita Springs, FL 34135
We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.
You agree that you will pay for all products you purchase through the HDpiano Website, and that HDpiano may charge your credit card or PayPal account for any products on a recurring annual or monthly basis. YOU ARE RESPONSIBLE FOR THE PAYMENT OF ALL FEES AND FOR PROVIDING HDpiano WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the signup process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your information online in the My Account section of our Website. Your total price is free of any sales tax. Prices for products offered via the HDpiano Website may change at any time, but once you’ve made a purchase, you are grandfathered in at that price for any recurring billings.
This Website is provided “as is” without any representations or warranties, expressed or implied. HDpiano makes no representations or warranties in relation to this Website or the information and materials provided on this Website. Without prejudice to the generality of the foregoing paragraph, HDpiano does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
- Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of Liability
HDpiano will not be liable to you, whether under the law of contact, the law of torts or otherwise, in relation to the contents of, or use of, or otherwise in connection with, this Website:
- to the extent that the Website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- or any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if HDpiano has been expressly advised of the potential loss.
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit HDpiano’s liability in respect of any:
- death or personal injury caused by HDpiano’s negligence;
- fraud or fraudulent misrepresentation on the part of HDpiano; or
- matter which it would be illegal or unlawful for HDpiano to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.
You accept that, as a limited liability entity, HDpiano has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against HDpiano officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect HDpiano’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as HDpiano.
If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer
You agree to defend, hold harmless and indemnify HD Piano LLC, its officers, directors, agents, subsidiaries, joint venturers and employees from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees and costs) incurred by Us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third-party against Us: (i) in connection with your use of the Website or the use of the Website using your account, including any payment obligations incurred through use of the Website; or (ii) resulting from: (A) your use of the Website; (B) your decision to supply credit information via the Website, including personal financial information; (C) your decision to submit postings and/or accept offers from other members; (D) any breach of contract or other claims made by members with whom you conducted business through the Website; (E) your breach of any provision of this Agreement; (F) any liability arising from the tax treatment of payments to or form you or any portion thereof; (G) any negligent or intentional wrongdoing by you; (H) any act or omission of yours with respect to the payment of fees; (I) your dispute of, or failure to pay, any invoice or any other payment; (J) your posting and/or selling of content or services protected by the copyright or trademark of any third-party; and/or (K) your obligations to another member. This defense and indemnification will survive this Agreement and your use of the Website.
Breaches of These Terms and Conditions
Without prejudice to HDpiano’s other rights under these terms and conditions, if you breach these terms and conditions in any way, HDpiano may take such action as HDpiano deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
HDpiano may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.
HDpiano may transfer, sub-contract or otherwise deal with HDpiano rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/ or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and HDpiano in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.
About These Website Terms & Conditions
These Website terms and conditions apply to your use of the HDpiano Website. These Website Terms & Conditions were originally created with a template at www.freenetlaw.com.
Referral Program Terms & Conditions
- Qualified Referral.A Qualified Referral is defined as a purchase made at HDpiano.com by a person (a “Referred Customer”) who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases (e.g. a subscription renewal) made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer.The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
- Referral Rewards.For you to earn referral rewards as a Referrer, the Referred Customer must pay for a monthly or annual subscription.
- Reward Payments.Rewards are payable in increments of $10. The Referrer is rewarded in the form of a $10 gift card per successful referral. The Referred Customer is rewarded with a $10 discount on first purchase.
- Eligibility is limited to individuals only. HDpiano’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation unless approved by HDpiano.
- No Spam.You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from HDpiano’s Refer-a-Friend program.
- Right to Close Accounts.HDpiano reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the HDpiano Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms. HDpiano reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.