TERMS OF SERVICE

Effective as of: July, 4 2019

Your continuous usage and access to our Services (as specified below) are subject to these Terms of Service or related documents. Please read these Terms of Service carefully, as it informs you on (a) The Website’s reserved rights, (b) Basic Usage guidelines in respect to User Conduct and (c) Reserved rights in cases of breach of these Terms of Service, (d) The Services provided by Violinspiration and (e) Binding arbitration, personal jurisdiction, choice of law and waiver clauses that you enter into.

You may contact us at any time with any questions in relation to these Terms of Service at support@violinspiration.com. Your continuous usage of our Website indicates your agreement with our Terms of Service and Privacy Policy, as included herein. Some of the Terms stated herein may reference other documents, such as our Privacy Policy. Other terms may be incorporated in these Terms of Service by means of reference. Our Service may use cookies. For more details on our Privacy Policy and Cookie Policy, please see our Privacy Policy.

References in these documents to:

– „Violinspiration“, „Website“, „Service“, „We“, „Us“ means violinspiration.com, or its Owner and Operator, where appropriate.
– “Agreement” means the terms and conditions as detailed herein including all schedules, appendixes, annexes, our Privacy Policy, other policies mentioned on the website and will include the references to this agreement as amended, negated, supplemented, varied, or replaced from time to time.
– “Website Users”, “User”, “You”, “Your” mean individuals or entities fulfilling Violinspiration’s eligibility criteria to enter into this Agreement with Violinspiration, or users of Violinspiration, with whom Violinspiration has provided product(s) or service(s) under the terms and conditions contained herein or in connected documents.
– “Data”, “Personal Data”, “Information” or “Personal Information” means personally-identifiable information, such as (without exclusion) to name, surname, the address of residence, e-mail, telephone number, etc.
– “Services”, “Website Services”, “Provided Services” means the product(s) and/or service(s) provided by Violinspiration towards Website Users.

1. ELIGIBILITY

  1. In order to use our Services, you must have full capacity to enter into legally binding contracts under applicable law and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
  2. Without limiting the foregoing, the website is not available to children (persons under the age of 18). By becoming a User and/or using our provided Services, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement. You represent and warrant that you are at least 18 years old. Individuals under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities. Our Website reserves the right to terminate and/or refuse to provide you with access to the Website if it is brought to the Website’s notice or if it is discovered that you are under the age of 18 years.
    Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. Users shall not take any actions that may undermine, disrupt, or manipulate the integrity of the User feedback system on the Website.
  3. Users grant us an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any content posted by them on a worldwide basis.

2. Registration of User Account

  1. Users, for the purposes of visiting and browsing our Website may or may not have a registered account.
  2. For the purposes of using the Services provided by Us, namely purchases of our digital products and services, registration will be necessary. You may register a User Account with the Service manually, by filling out our registration form upon purchasing a product or service from our Website. Purchases of our digital products or services are handled by a third party e-commerce provider, WooCommerce. For more information on your privacy in regards to purchases and payments, please refer to our Privacy Policy.
  3. Registration of the User Account is completed when the Personal Data such as e-mail address, name, and password have been entered by you, upon purchase of the selected digital product(s) or service(s) on Violinspiration.
  4. Upon registration of your User Account, you hereby warrant and represent that all the information is precise, accurate, truthful, complete and non-misleading. You further represent that you shall maintain the accuracy, precision, and truthfulness of your Personal Data while using the Service. Please maintain the confidentiality of your login data, and use recommended safety features, to ensure safety from third-party breaches to your User Account. Your user credentials should not be shared with any third-party, published or otherwise made available to third parties, in order to prevent unauthorized access to your User Account.

3. Intellectual Property

  1. All right, title and interest in and to the website (excluding postings/content provided by the users) is and will remain the exclusive property of our website and our licensors. The website service is protected by copyright, trademark or other rights under applicable state or federal U.S. law. Nothing in these Terms gives you a right to use the name of the website or website’s trademark or logo or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website. Any feedback, comments, and suggestions you may provide regarding the website (“Feedback”) are entirely voluntary and you grant us a perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use, reproduce, modify, create derivative works of, commercialize, and otherwise freely exploit such Feedback (including, but not limited to, all Rights therein) as we see fit and without any payment or other obligation to you.
  2. In certain aspects of the Website functionality, you may have the possibility to include text and/or multimedia files in the form of user submissions, comments, posts, ratings, etc. For the purposes of this subsection, these will be treated as “User Submissions”. User submissions are a type of content added by Users on the Website, as opposed to the content that is created and/or displayed by Violinspiration or any other authorized contributor. Upon sharing your User submission in any of the aforementioned ways, you retain all your ownership and proprietary rights to the content shared to the Website, but grant us a universal, perpetual, transferrable, commercial, irrevocable and royalty-free license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute such content in all media and distribution methods now known or hereafter devised. Upon sharing your user submissions to parts of the Website that are publicly available, you recognize and agree that such content will be visible to the World Wide Web or every user that may be browsing the Website with an internet connection. We reserve the right, but not the obligation to use any discretional rights as seen fit in regards to your user submission, provided that such submissions have been a material breach of this Agreement’s provisions, or are contrary to the set Usage Guidelines or for no apparent reason at all, with or without prior notice. The Service reserves the right to exercise further preventive or other discretional rights, provided that you are a repeated offender, or that your user submission has greatly violated the Usage Guidelines, this Agreement’s goal or a broadly-recognized code of conduct on the Internet. User Submissions are at all times subject to our Terms of Use and Usage Guidelines as specified in Section 5 of these General Terms of Service.
  3. You retain your rights to any Content you list, post, or upload on our website. By listing, posting, or uploading Content using our website, you grant us a limited, perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and transferable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works of, transmit, host, display, and distribute such Content in any and all media or distribution methods (now known or later developed) as necessary to provide the website and in accordance with these Terms.
  4. You are solely responsible for your use of the website, for any content you provide, and for any consequences thereof, including, but not limited to, the use of your content by us. Without limiting the foregoing, you represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
  5. You will indemnify and hold us harmless from and against any and all claims, suits, disputes, actions, losses, judgments, and costs (including, but not limited to, attorneys’ fees) arising out of or relating to any one or more of the following:
    – Your use of or access to our website.
    – Your provision of any Content or other information to or through the website.
    – Any third party claim that any Content you provide infringed misappropriated, or otherwise violates any Rights.
    – Your violation of any of these Terms.
  6. Digital products and services available for downloading through the Website or third-party websites or applications (the “Software”) is the copyrighted work of Violinspiration and/or our Third-Party Providers. You may not reproduce, distribute or otherwise commercially utilize our software for commercial purposes without prior written consent from us. We do not exclude bringing up civil and/or penal procedures against infringers of our rights to our software.

4. Usage Guidelines

  1. You shall not, directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  2. You shall not create liability for us or cause us to lose (in whole or in part) the Services of our internet service provider (ISPs) or other suppliers.
  3. You shall not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
  4. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
  5. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other Authorized User, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
  6. You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation of our website or sellers on platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks or any systems or networks connected to us.
  7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website
  8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you have sent to us on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent someone else or impersonate any other individual or entity.
  9. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of our website and/or others.
  10. You shall solely enable us to use the information you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights, or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
  11. We reserve the right, but have no obligation, to monitor the materials posted by users on the Website. Our website shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages. Please be advised that such Content posted does not necessarily reflect our views. In no event shall our website assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all the information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
  12. It is possible that any of the user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
  13. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through groups of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
  14. If you believe that any User or other Party to any engagement on the Violinspiration Service is attempting to commit actions as specified in this Section, please contact us on our customer support email.
  15. You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Website for violations of these Terms or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Website (including without limitation for fraud prevention, risk assessment, investigation and Customer support purposes, analytics, and advertising), to ensure your compliance with these Terms and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency or other governmental body.

5. Privacy and Security

  1. You hereby agree that, except as in the cases described in these Terms of Service or our e-sign Terms of Service, the Personal Data you provide to us will be collected and used in accordance to our Privacy Policy.
  2. We may access, preserve, or share any of your information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process (e.g. a subpoena or other legal process). We may also share your information in situations involving potential threats to the physical safety of any person, violations of the Violinspiration Privacy Policy or our user agreements or terms; or to respond to the claims of violation of the rights of third parties and/or to protect the rights, property and safety of Violinspiration, our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations.

6. Term and Termination

  1. We may, at any time and without notice, suspend, cancel, or terminate your right to use the Website (or any portion of the Website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in the Agreement shall survive.
  2. Depending upon the nature of termination, subject to the provisions laid down in this agreement, we may or may not refund you for any payment due or kept with us. We will review the refund requests case by case. Without limiting the foregoing, we may close, suspend, or limit your access to your Account:
    – If we determine that you have breached or are acting in breach of this User Agreement.
    – If we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights.
    – If we determine that you have engaged or are engaging in fraudulent or illegal activities.
    – You do not respond to account verification requests.
    – You do not completely account verification when requested within 3 months of the date of request.
    – To manage any risk of loss to us, a User, or any other person.
    – For other similar reasons at our own Discretion.
  3. Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
  4. In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
  5. The User may terminate this Agreement by means of deleting their respective User account either within the User Settings or by sending us a request email on our contact email address at support@violinspiration.com. The Service retains the right to retain necessary data in regards to User identification, in case of any claims or inquiries of authorized bodies. This agreement may be transferred to third parties (without limitation to legal successors and/or heirs) under applicable law of probate. To be eligible for closing your account, you must not have any outstanding payment, dispute, listing, or any other matter unresolved with us or third parties through our website.
  6. We reserve the right to terminate or suspend an account which has been inactive for more than one year without any activity or subscription payment left. We will notify you at the email provided with us three times at 2 months, 1 month and 24 hours prior to the suspension.
  7. The Service upon personal or reported inquiry may terminate this Agreement without prior notice upon finding out about a repeated and serious material breach of this Agreement’s provisions. The Service shall effectively terminate this Agreement and the individual User’s user account, payments and subscriptions and shall further handle the matter as prescribed within these Terms of Service.

7. WARRANTIES AND DISCLAIMERS

  1. THE VIOLINSPIRATION SERVICES, DOCUMENTATION, AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE VIOLINSPIRATION SERVICES, DOCUMENTATION, AND THE SITE SHALL BE AT YOUR SOLE RISK. VIOLINSPIRATION AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, AFFILIATES, SUBSIDIARIES, AND LICENSORS (“VIOLINSPIRATION PARTIES”): (A) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (B) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (C) DOES NOT WARRANT THAT THE VIOLINSPIRATION SERVICES, DOCUMENTATION, OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE.

YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE VIOLINSPIRATION SERVICES, DOCUMENTATION, OR SITE.

  1. THE VIOLINSPIRATION PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT VIOLINSPIRATION SERVICES, DOCUMENTATION, AND SITE HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE VIOLINSPIRATION SERVICES, DOCUMENTATION, AND SITE CONTENT AND ASSUMES NO 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 VIOLINSPIRATION SERVICES, DOCUMENTATION, AND SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE THROUGH THE ACTIONS OF ANY THIRD PARTY; (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SITE; AND/OR (VII) 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 VIOLINSPIRATION SERVICES, DOCUMENTATION, AND SITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF VIOLINSPIRATION TO ANY THIRD PARTY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY, AND FOR THE MINIMUM WARRANTY PERIOD ALLOWED BY THE MANDATORY APPLICABLE LAW.
  2. THE VIOLINSPIRATION PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, AND THE VIOLINSPIRATION PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE.
  3. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.
  4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as in Section 9 or below in Section 11. Accordingly, some of these limitations may not apply to you. If you are a New Jersey resident or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 9 and Section 11 specifically do apply to you.

8. LIMITATION OF LIABILITY

  1. YOU HEREBY AGREE TO INDEMNIFY AND HOLD VIOLINSPIRATION, IT’S OWNER COMPANY, REPRESENTATIVES AND PARTNERS HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE, AND EXPENSE, INCLUDING BUT NOT LIMITED TO: ATTORNEYS’ FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE VIOLINSPIRATION WEBSITE, SOFTWARE OR SERVICES AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR RESTRICTION EXPLICITLY OR IMPLICITLY CONTAINED OR DERIVED FROM ANY RELEVANT LEGAL THEORY ARISING FROM THIS AGREEMENT, ITS AMENDING APPENDIXES OR OTHER LEGALLY-BINDING AGREEMENTS.
  2. YOU HEREBY AGREE AND FIND REASONABLE TO WITHHOLD FROM ANY GROUP ACTION IN FRONT OF ANY COURT AND EXPLICITLY AGREE THAT ALL AND ANY DISPUTES OR CONTROVERSIES WILL BE HANDLED ON A CASE-BY-CASE BASIS, THUS WITHHOLDING OF ANY CLASS ACTION OR SIMILAR LAWSUITS OR OTHER LITIGATION PROCEEDINGS AGAINST THE SERVICE.
  3. IF ANY LITIGATION IS TO OCCUR, YOU HEREBY EXPRESSLY AGREE THAT YOUR ACTION SHALL NOT SURPASS THE AMOUNT OF 100 U.S. DOLLARS, OR THE EXPENSES MADE WHILST USING THE SERVICE, BASED ON WHICHEVER IS GREATER.
  4. THE USER SHALL WAIVE ALL RIGHTS ARISING FROM DISPUTING ANY LIMITATIONS SET FORTH IN THIS AGREEMENT TO THE GREATEST EXTENT AS PERMITTED BY APPLICABLE LAW
  5. You will defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees) arising from or related to, as applicable:
    – Your access to and use of the Website.
    – Violation of these Terms by you or Authorized Users, as applicable; (c) infringement of any intellectual property or other right of any person or entity by you.
    – The nature and content of all Authorized User Data processed by the Violinspiration Services; Ord. any product(s) or service(s) purchased or obtained by you in connection with the Website.
    – Violinspiration retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
    – Independent Allocations of Risk. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions are severable and independent of all other provisions of these Terms, and each of these provisions will apply even if the warranties in these Terms have failed of their essential purpose.

9. WAIVERS

  1. The Service’s failure to act in a particular circumstance does not waive the ability to act with respect to the specific circumstance or circumstances similar to it. If any provision of these Terms is rendered invalid by statutory provisions, interpretation of the law or its application, rendered unenforceable, it shall not affect the remainder of these terms. The remaining terms shall remain in full force and effect.
  2. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Violinspiration 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  3. The parties understand that absent this mandatory arbitration section, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

10. CHOICE OF LAW AND PERSONAL JURISDICTION

  1. THE PARTIES AGREE TO SOLVE ALL DISPUTES OR CONTROVERSIES, INCLUDING THOSE ARISING FROM TERMINATION OF EMPLOYMENT IN A MANNER OTHER THAN FILING COURT ACTIONS. THE PARTIES AGREE TO ARBITRATION PROCEEDINGS ARISING OUT OF OR RELATING TO THE EXISTENCE, BREACH, TERMINATION, INTERPRETATION OR ENFORCEMENT OF THESE TERMS OF SERVICE, AS WELL AS YOUR ACCESS TO THE PLATFORM AT ANY TIME AS OF YOUR BINDING ACCESS TO THESE TERMS OF SERVICE.
  2. THE PARTIES AGREE THAT THE ARBITRATION PROCEEDINGS SHALL BE HELD IN ENGLISH, WITH AN ARBITRATOR CHOSEN BY MEANS OF CONSENSUS BETWEEN THE PARTIES FROM THE LIST OF ARBITRATORS BY THE AMERICAN ARBITRATION ASSOCIATION. THE SEAT OF ARBITRATION SHALL BE CHOSEN BY THE PARTIES BY MEANS OF CONSENSUS.
  3. THE USER HEREBY ACKNOWLEDGES AND AGREES TO HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS EXPLICITLY AGREED WITH THE COMPANY, IN WRITING, THE USER SHALL RESOLVE ALL DISPUTES BY MEANS OF BINDING ARBITRATION ON AN INDIVIDUAL, CASE-TO-CASE BASIS, AND SHALL WITHHOLD OF A COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. ANY CONTRACTUAL PARTY TO THIS AGREEMENT MAY REQUEST INJUNCTIVE RELIEF ON THE BASIS OF APPLICABLE LAW.
  4. ALTERNATIVE DISPUTE-RESOLUTION PREVENTS STATUTE BARRING OF THE RIGHTS AND OBLIGATIONS ARISING FROM THIS AGREEMENT. IF THESE DISPUTE-RESOLVING METHODS PROVE UNSUCCESSFUL, THEY ARE TO COMMENCE COURT PROCEEDINGS. IF ANY PROVISION OF THIS AGREEMENT IS OR IS TO BE FOUND BY AN APPROPRIATE AUTHORITY, UNENFORCEABLE UNDER GOVERNING LAW, THAT WILL NOT AFFECT THE ENFORCEABILITY OF ANY OTHER PROVISIONS OF THIS AGREEMENT.

11. Continuity of the Service

  1. In the event that Violinspiration goes through a business transition (merger, acquisition, sale of assets, etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service (ex. If you, as a Creator, have licensed your submission to the Service in order to be displayed, this right will be transferred to the party included in the business transaction with Violinspiration). You will be notified via email of any such change of ownership of your personal information.
  2. Violinspiration reserves the right to discontinue any portion of the whole service with or without previous notice. Violinspiration is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service and are to be executed on behalf of Violinspiration. Every older version of these documents is superseded with the issuing of a renewed version. In case of change of our General Terms of Service or Privacy Policy, we will notify you on this Web page, by email, or by means of a notice on our Home Page. These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and Violinspiration.

12. Third Party Links and Similar Services

  1. The Service allows you to gather data from third-party services and data sources, without exclusion to third-party Websites. These Sources are used and utilized at the sole discretion of the Service, and the Service reserves the right to discontinue or change using such sources at any given time. The Service does not assume any liability from the data and/or content from such sources and services. Users have the sole responsibility of obtaining any consensus or authorization if any is needed, for the usage of this Service or processing of the available data. The Service takes no responsibility for any information processing made on its behalf, as Users warrant that they have obtained all authorizations and/or consensus from the data sources for further usage of the provided data.
  2. This service may be used as an add-on to third-party services and software. We do not assume any liability for such third-party services and software, and you are solely and exclusively responsible for obtaining any licenses, consent or authorizations needed for the use of data. Third-party services and Websites may be made available throughout the Service. In order for you to use these third-party services, you must read and understand all usage restrictions and other Terms and Policies of the appropriate third-party service and/or Website. This Service disclaims all liability arising out of the defective performance of linked services and/or Website unless expressly assumed within this Agreement. Upon being prompted by a follow-up link to a third-party service and/or Website, you are bound by a different set of Terms and Policies that govern the usage of the appropriate third-party service or Website, and you further understand that you use the third-party service or Website at your own risk. We recommend using due diligence and familiarizing yourself with the Terms and Policies prior to usage of the services you are prompted to. Please note that this Service does not endorse, promote or otherwise market the third-party Websites and/or services unless expressly and appropriately stated within our Website.
  3. This Service may contain ads and promotions from third parties. Your business dealings, correspondence or other contact made throughout these ads and promotions falls outside the Service’s scope of control, and, as such, the Service disclaims all liability arising from these dealings, contacts or correspondence.

13. Assignability

  1. You may not assign your rights or obligations under these Terms without Violinspiration’s prior written consent. If consent is given, these Terms will bind your successors and assigns. Any attempt by you to transfer your rights, duties, or obligations under these Terms except as expressly provided in these Terms is void. Violinspiration may freely assign its rights, duties, and obligations under these Terms.

14. Vis Major

  1. Except for any payment obligations, neither you nor Violinspiration will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.

15. Severability

  1. If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the grant of any license to you under these Terms is found to be illegal, unenforceable, or invalid, the license will immediately terminate.

16. Contact Us

You may contact us in any manner you deem fit, as described below:

  • By Post to the Company’s Place of business, located at:

Violinspiration
Sportlaan 47, 6717LA Ede, Netherlands

  • Contacting our Customer Support email at: support@violinspiration.com

Your requests shall be assigned with a request order number, and may take some time to process, depending on the queue of requests before you. We may take up to 5 or more business days to process your request.