The Irish Flute Library Website
Terms of Use
Effective Date: October 1, 2022
Welcome
We at The Irish Flute Library, LLC have provided the website, leslieanneharrison.com (which we call “the Site”) for you to enjoy Irish music, learn more about the Irish Flute (and Irish music) and share your experiences.
The Site is primarily a music education subscription service, although you can visit the Site and explore some of its resources without subscribing. You can access comprehensive educational materials, such as lessons, after you pay for your subscription, you.
Once you visit the Site, this document (which we called the “Agreement” or the ‘”TOU”) becomes a binding agreement between you and us, The Irish Flute Library, LLC.
Important Points
Please read this entire agreement, but here are some important points:
You Agree that You Will Show Respect
Show respect for our hard work in creating the materials here; they are not yours
Show respect to others in your posts and replies and do not bully or threaten others, post defamatory or illegal content or content you do not own or to which you do not have rights
Let us know what you like and what could be done about what you don’t like
You Agree that You
Will not download and use the content you find on the Site, whether provided by us or third parties or other users or members unless it is indicated that you are permitted to download it.
Will not sell, license, or purchase any content, accounts, features and functionalities
Will not post things you do not own or do not have the rights to use
Will not do anything unlawful, misleading, or fraudulent
Will not interfere with how the Site functions
Will not use bots or other tech to post or collect anything including data or content
Site Content
We own or have other rights to the content we provide on the Site. You agree that you do not acquire any ownership rights in any content. We do not grant you any licenses, express or implied, to our intellectual property (e.g., the content) except as expressly authorized by these Terms. Your use of the Site does not entitle you to make any unauthorized use of any content. As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You will not delete or alter any proprietary rights or attribution notices in any content. You will use the content solely for your personal use, and will make no other use of the content without our prior and express written permission. You warrant that 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. The content is not for resale.
Your Submissions
We do not claim ownership of the materials you provide us (including feedback and suggestions), whether by posting, uploading or submitting to us (all of what you provide is defined as "Submissions"). By providing any and all Submissions and in exchange for your access to the Site, you grant us, our affiliated companies and necessary sublicensees, permission to use your Submission to operate our business (as it stands now and in the future) including, without limitation, perpetual rights, with the right to sublicense and without further compensation to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission. Please note that we are not obligated to post or use any Submission and we can remove it from display on the Site (or anywhere it is used) without any reason to do so.
You represent and warrant that you own all of the rights to your any and all Submissions or that you have the rights to provide such Submissions.
Your Account
If you wish to get access to the educational materials, then you will need to establish an account, including creating a username and password, and paying for your subscription. You agree that you shall pay all amounts due. We use a third party payment processor, so you will be directed to their site for payment. Please note that we will not have access to your credit card information.
Minimum Age of 13
You must be over 13 years old. If you are not over that age and wish to use this Site, then you must have a parent or legal guardian get in touch with us to provide the necessary permission.
International Users
We operate and maintain the Site from the United States. If you access the Site from a location outside the US, you are responsible for compliance with all local laws. You agree that you will not use any content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Username
We might have to change your username if we believe the name is inappropriate or if it infringes on the intellectual property (such as the name or a brand) of someone else.
Suspend or Terminate Your Account (or Your Posts)
We will suspend or terminate your account if: (a) we believe you violate or will violate this TOU or any guidelines that we may post from time to time; (b) we think that you are creating risks for anyone; and/or (c) we are required by law to do so or it is advisable to do so given the circumstances and the law. We will also suspend access to one or more of your posts or other Submissions for the same reasons or if we believe that the such posts are inappropriate.
Procedure
We will use reasonable efforts to inform you when your account has been suspended or terminated or your content has been removed. If you object, please email us at irishflutelibrary@gmail.com we will provide you with the procedure for reconsideration and restoring your account or re-uploading content or lifting the restriction on access to it. If your account remains terminated, then we will not have any obligations to you to deliver the Site for your access and use.
We might remove content you post—or restrict access to it—if: (a) it violates this TOU or guidelines that we might post from time to time Community Guidelines; (b) we think that it creates risks for anyone; and/or (c) we are required by law to do so or it is advisable to do so given the circumstances and the law. We might also remove or alter site content or prohibit access to it at any time. In addition, we might change one or more of the features and/or functionality of Site at any time without notice.
Limitations of Liability
This limitation of liability is to the maximum extent permitted by applicable law. In no event shall we (and/or our partners, third party suppliers and licensors) be liable for any costs of substitute products or services, or for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or loss of business information) arising out of this Agreement or the use of or inability to use any part(s) of the Site (including third party sites) or the failure to provide support services, even if we have been advised of the possibility of such damages. Our entire liability (and/or that of our partners, third party suppliers and licensors) arising out of this Agreement and your access to and use of the Site and anything available on or through Site shall be limited to one hundred dollars ($100.00). In addition, we, our partners, third party suppliers and licensors bear no liability for any technical inaccuracies or other errors, or for damages resulting from use of the information in any documentation.
The above does not exclude or limit our liability for any other things that the law does not permit us to exclude.
Disclaimer of Warranties
You accept the Site, and anything you find there or through there, “as is,” and we, our partners, third party suppliers and licensors make no warranty as to its use, performance, or otherwise, including all content available on or through the Site. we, our partners, third party suppliers and licensors disclaim all other representations, warranties, and conditions, express, implied, statutory, or otherwise, including, but not limited to, implied warranties or conditions of merchantability, quality, fitness for a particular purpose, title, and non-infringement. The entire risk arising out of use remains with you.
Indemnification
You shall indemnify, defend and hold us harmless (which includes 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. We reserve 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 us in asserting any available defenses.
Maintaining and Changing the Site
From time to time, we will change the features and functionality of the Site, which might have a negative impact on some of the information you have provided on the Site, such as posts, or on the features and functionality of the Site.
We will try to use reasonable skill and care in keeping the Site up and running and error-free, but we cannot guarantee that it will function without disruptions, delays, inaccuracies or other problems such as data transfer. We have no responsibility for any injury arising from the functioning of the Site or transmission of information to or from it or us.
Changes to the Site
We will try to notify you of any changes to this Agreement before we make the changes unless we feel that it is important to make them as soon as practical, given the situation.
Third Party Sites & Information
There are links on the Site that, if clicked, will probably take you to the sites of third parties such as other our payment processor, others in the music world and businesses (among others). At that point, you will be leaving the Site and you might be subject to their terms of use and privacy policies and other documents. We have no control over these sites and the content there or any other use of such sites including other links on such sites.
If You Believe Your Copyright Is Infringed
If you are a copyright owner or agent for the owner and believe that content found on the Site infringes your copyright, please submit a notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the information described below. Please remember that if it is content on one of the sites linked to Site, then do not send any notice to us. You reach the Copyright Agent as follows:
Address
PO Box 15393, Riverside, RI 02915
Copyright Infringement Notice
Please note that the content of your notice is required by law (and not something we came up with to complicate your life): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location on our website containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Other Legal Matters
Termination
This Agreement will terminate if: (a) we terminate your account and do not reinstate it; (b) if we do not continue to provide all or relevant parts of the Site; (c) if required by law. Even if the Agreement terminates, certain provisions will continue to survive, including provisions related to: your permission to use your Submissions; intellectual property; your obligation to pay; disclaimer of warranties; limitations of liability; your indemnification; and all provisions under “Other Legal Matters.”
Disputes Will Be Handled through Arbitration
If a claim or dispute arises out of or relates to your use of the Site, please email us the details to irishflutelibrary@gmail.com or we will notify you. You and we agree that if you and we are not able to resolve any dispute arising out of or concerning this TOU, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by you and us, in Providence, Rhode Island (unless you and we agree in writing to another location). The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of this TOU. The laws of the State of Rhode Island. Without reference to its conflicts of laws principles, law and/or cases shall govern all resolution of disputes.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S 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 THE OTHER. Further, unless both we and you agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Third Parties
This Agreement does not give rights to any third parties.
Severability
If any aspect of this Agreement is unenforceable, the rest will remain in effect.
Amendment or Waiver
Any amendment or waiver to this Agreement must be in writing and it must be signed or posted by us. An email from us does not constitute an amendment. If you disagree with the new terms, then you must stop using the Site. If we fail to enforce any aspect of this Agreement, it does not mean that we are granting you a waiver.
Reservation of Rights
We reserve all rights not expressly granted to you.
Assignment
You cannot transfer your rights or obligations under this Agreement unless we consent to it in writing signed by an authorized officer and such consent is provided in advance of your proposed transfer. We can assign our rights and obligations to others—for example, third parties might help us maintain the site or our contact database. In addition, assignment might occur if ownership of the Site changes. We will notify you through the Site if an assignment by change of ownership occurs.
Contacting Us
You can contact us by email at irishflutelibrary@gmail.com. Please understand that we might not be able to respond to your communication.