Terms of Use

Last Updated: March 11, 2024

The following are the terms of use (“Terms of Use”) that define the relationship between Dovetree Productions, Inc. d/b/a Faber Piano Adventures (“Company,” “FPA,” “we,” “our,” or “us”) and you. Please read these Terms of Use carefully before using our services. By accessing or using our services in any manner, you agree to accept, without limitation or qualification, all these Terms of Use govern your use of FPA’s services.

IMPORTANT: If you are under the age of 18, you must read these terms of use with a parent or adult guardian.

Agreeing to our Terms

FPA facilitates and operates the services offered on https://www.exams.pianoadventures.com (“FPA Exams Website”) and the Piano Adventures Exams platform, including The Bravo Board, any associated mobile applications or products and services that the Company may provide now or in the future (collectively, the “Platform”).

These Terms of Use contain general terms that apply to you as a user of the Platform (“User”). When using the Platform, you will also be subject to the Privacy Policy and any posted guidelines, policies, or rules applicable to specific features of the Platform, which may be posted from time to time (collectively the “Guidelines”). These Terms of Use, and any other Guidelines and future modifications (collectively, the “Agreement”), govern your use of the Platform and is a legal contract between you and FPA. If there is any inconsistency between the Terms of Use, and any of the Guidelines, the additional Guidelines will prevail to the extent of the inconsistency. By registering for an account on, or otherwise accessing or using the Platform, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Platform on behalf of an institution that has a separate written agreement with FPA, that agreement governs your use of the Platform.

If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you do not get your parent or guardian to read and agree to the Agreement, you do not have permission to use the Platform.

If you are entering into this Agreement on behalf of a company or other legal entity (including if you are entering on behalf of a school or organization), you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “User” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Platform.

Using the Platform

As long as you are complying with all of the terms and conditions of this Agreement, Company gives you permission to access and use the Platform in accordance with these Terms of Use. Certain Platform features may be accessed and used for free, while other Platform features may be subject to a fee. Please be aware that while our Platform may be accessed on mobile devices, your carrier’s normal rates and fees still apply, such as text messaging and data fees.

The right to access and use the Platform is revoked in jurisdictions where it may be prohibited, if any.

We are constantly changing and improving our Platform. We may add or remove functionalities or features, and we may suspend or stop the Platform altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Platform at any time, although we will be sorry to see you go. We may also add or create new limits to our Platform or restrict your access to all or a part of the Platform at any time without notice or liability.

Subject to these Terms of Use, we believe that you (or your organization as applicable) own your data and preserving your access to such data is important. If we discontinue the Platform, or any part thereof, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of the discontinued services.

FPA Content

The Platform and the FPA Content are intended solely for the use of our Users and may only be used in accordance with this Agreement. “FPA Content” means all past, present and future content offered on the Platform, including, all the software, hardware and technology used to operate the Platform (including proprietary code and third-party software), user interfaces, materials displayed or performed on the Platform, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Platform, and all copyrights, trademarks, and other intellectual property, including all FPA Marks. “FPA Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of FPA.

FPA Content is protected by copyright and other intellectual property laws. Using our Platform does not give you ownership of any intellectual property rights in our Platform or the FPA Content. You agree that, as between you and FPA, all the intellectual property rights in the FPA Platform and FPA Content, which does not include User Content (as defined below), are owned by FPA or its licensors.

You will not, nor will you allow any third party (whether or not for your benefit) to:

Run, license, rent, lease, loan, distribute, or sell access to the Platform or the FPA Content.
Use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the FPA Content for any purposes other than as expressly permitted under this Agreement.
Circumvent, disable or otherwise interfere with security related features or features that prevent or restrict use or copying of any User Content or FPA Content or enforce limitations on use of the Platform or the User Content and FPA Content.
Remove, obscure, or alter any copyright, logo, trademark, or other legal notices displayed in or along with our Platform or any FPA products or merchandise, or otherwise use any of the FPA Content in a manner that creates the impression that the FPA Content belongs to you.

User Content

In the course of using the Platform, you and other Users may provide or post certain content or information (including, but not limited to, photos, videos, documents, music, or messages sent between parents and teachers or between students and teachers), which may be used by FPA in connection with the Platform or The Bravo Board and which may be visible to other Users or the public on The Bravo Board website (collectively “User Content”). Please visit our Privacy Policy for additional information on the types of information different types of Users are able to provide.

Consistent with applicable law, as between FPA and you, you (or your Organization as applicable) retain all ownership rights you have in any User Content. FPA does not claim any ownership rights in the User Content. Please note that, while you retain ownership of your User Content, any template or layout in which you arrange or organize such User Content through tools and features made available through any of our Platform are not proprietary to you — rights to such templates or layouts will remain with us or our service providers.

For all students, FPA will retain the performance videos for a period of eight (8) months before being removed from the Exam database, except for the videos of Students featured on The Bravo Board as described below. Upon deletion of the videos, only the minimum necessary information is retained to provide Exam history information to you. Any unnecessary information is deleted and turned into non-identifying analytics for FPA statistical and record-keeping purposes. FPA reserves the right to remove User Content at any time if you are in violation of these Terms of Use.

The Bravo Board

The Bravo Board is an optional feature of the Platform used to give recognition to certain Users. The Bravo Board may feature students for a period of no longer than one (1) year per Exam. Each student’s feature may include: first name, last initial, Exam level, location (if provided), and/or their nominated performance video. A post is removed from The Bravo Board within one (1) year of its initial posting. The Bravo Board requires permission and authorization from (i) the student (if the student is 18 years of age or older), or (ii) a parent or guardian if the student is under the age of 18 years old. The permission can be turned off at any time in the Platform by the student (if 18 years or older) or by the parent or guardian (if the student is under 18), which will remove all User Content and student information from The Bravo Board page.

License

In order to allow FPA to provide the Platform, you hereby grant to us a limited, non-exclusive, sublicensable (as necessary to operate the Platform services), worldwide, royalty-free, and transferable (only to a successor) right and license to:

use, host, copy, store, distribute, publicly perform and display, publish (in whole or in part), modify, and create derivative works (such as changes we make so that your content works better with our Platform) such User Content as necessary to (a) provide, improve and make the Platform available to you and other Users including through any future media in which the Platform may be distributed;
use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including, for use in improving our service or in marketing and business development purposes);
use, modify, prepare derivative works, publish, distribute and sublicense Feedback without any compensation to you;
use any User Content that has been de-identified for any product development, research or other lawful purpose subject to the Privacy Policy; and
use for other purposes permitted by the Privacy Policy.

Company will only share and use your personal information in accordance with the current Privacy Policy.

License Termination

The license above will terminate when you or your Organization (as defined below) delete: (i) any User Content with intellectual property rights (like photos or videos) (“IP content”), (ii) personally identifiable information, or (iii) your account. Such termination may not apply if your User Content has been shared with others, and they have not deleted it. When you post User Content this can be viewed by others, including linked teacher or student/parent/guardian accounts in the Platform, FPA Exam evaluators, and FPA administrators necessary to conduct Exam evaluations, and it means that you are allowing others to access and use that information and to associate it with you. Note, however, that any User Content that may be in or related to messages sent through the Platform may be kept after you delete your account for legal compliance reasons.

Your Responsibilities and FPA Rights

You agree that you (or your Organization as applicable) are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing licenses to the User Content. You represent, covenant, and agree on behalf of yourself and your student Users that the submitting User has all required rights to submit, post, upload or otherwise, own, use or disseminate the User Content submitted or uploaded without violating any third-party rights. You are responsible for ensuring your User Content complies with the “Acceptable Use and Conduct” Section and for any other guidelines or conditions specific to a particular category of User (e.g., teacher, parent, or student). FPA is not liable or responsible for any links created by you, or for any damages, direct or indirect, arising therefrom.

All information posted or transmitted through the Platform is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. FPA cannot guarantee the identity of any other Users with whom you may interact in the course of using the Platform, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You acknowledge that FPA and its representatives or personnel reserve the right, but shall have no obligation, to pre-screen, filter, edit, remove, refuse to accept, post, display, or transmit any User Content through or on the Platform in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, we do not guarantee that we will publish any of your User Content, and reserve the right to remove User Content from the Platform at any time for any reason, such as if we receive a notice reports a User Content infringes someone’s intellectual property rights.

Your Likeness

If you upload any User Content to any area of our Platform in areas that may be viewed by others containing your likeness or the likeness of others, you consent to the use of your likeness, and you have obtained (as necessary) the written consent, release, and/or permission of every identifiable individual who appears in your User Content to use such individual’s likeness, for purposes of using and otherwise exploiting the User Content in the manner contemplated by this Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained any necessary written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s first and last name or address) with such User Content.

Privacy and Security

Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Platform.

Students under the age of 18

The following terms apply to students under the age of 18:

(i) Student Profile Creation: In order to access the Platform, a parent or legal guardian must first create a Student Profile under the parent/guardian account on the Platform, or allow the student to use the Platform through the parent/guardian account (“Student Profile”).

(ii) Information Provided to FPA: We request minimal personal information to be provided from students to use the Platform. Creation of a Student Profile for students under 18 years of age requires either: (1) initiation of a Student Profile by a teacher (only after the teacher represents to FPA that they have obtained any necessary parental consent or acted as the agent of the parent/guardian and consented on the student’s behalf) and have the parent or guardian complete the profile creation for the student, or (2) have a parent or guardian create a parent/guardian account and then create a Student Profile under the parent/guardian account during the enrollment process.

(iii) Consent: The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personal information from children under 13 years of age without verifiable parental consent or notice as applicable (“Consent”). Consent may be obtained either by 1) FPA, if the parent or guardian is setting up a Student Profile directly under their parent/guardian account, or allowing their child to use the Platform within their parent account; or 2) a student’s teacher, if the teacher is initiating enrollment and sends an invitation request to a parent and the parent then creates the Student Profile. Any Student Profile (or access to a Student Profile) created for the student by the parent or guardian, or the student’s teacher are linked together with the parent/guardian account. FPA prohibits children under the age of 18 from using certain features of the Platform without Consent, including, without limitation, the Student Profiles. By using a Student Profile on the Platform, you promise that, if requested during your use of the Platform, you provided your real age and that you are (a) over the age of 18; or (b) your parent or legal guardian has set up your Student Profile and that any response sent to the Company in response to the Company seeking your parent’s consent comes from your parent or legal guardian.

Students 18 years of age or older

If you are a student 18 years of age or older accessing the Platform on your own or at the invitation of a teacher, the following terms apply to you:

(i) Account Creation: You can create your student account on the Platform on your own after verification of your age as 18 years or older.

(ii) Information Provided to FPA: We request minimal personal information to be provided from students to use the Platform. If you are 18 years old or older and you want a student account on the Platform, you will need to either: (1) have your teacher initiate the process to create a student account, or (2) create a student account during the enrollment process.

Teachers

If you are a Teacher accessing the Platform or personnel accessing the Platform on behalf of yourself or a school or other organization (the “Organization”), the following terms apply to you:

(i) Permissions and Authority: By registering an account and using the Platform, you agree that you are acting on behalf of yourself, or authorized to act on behalf of your Organization. If applicable, you are responsible for obtaining any necessary approvals from your Organization before using the Platform.

(ii) Students: You further understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personal information from children under 13 years of age without Consent. In addition to the COPPA requirements, FPA restricts students under the age of 18 from using certain features of the Platform unless:

FPA obtains Consent from the child’s parent or legal guardian, and the parent is either: (1) creating a Student Profile on the Platform, or (2) allowing the student to access and use the Platform on the parent device; or
You obtain Consent in situations where you initiate a Student Profile on behalf of a student, while the parent or guardian creates a parent/guardian account. You agree that you will not knowingly create a Student Profile on a student’s behalf or allow a student under the age of 18 to use the Platform until you have first obtained Consent.

(iii) Consent. You acknowledge and agree that when Consent must be utilized to allow students under 18 to use the Platform, you and/or your Organization will be solely responsible (and hereby agree that FPA is not responsible) for: 1) providing all required notices to parents/guardians under COPPA; 2) obtaining parental/guardian consent (or if allowed by your Organization’s policy, acting as the agent of the parent/guardian and consenting on their behalf) under COPPA; and 3) providing a means for a parent/guardian to review any personal information collected through the Platform and refuse to permit its further use as required by COPPA. You, or your Organization, are responsible for disseminating any required parental consent forms to the parents or guardians of potential student Users, for confirming receipt of valid consent forms for each child before granting the student access to the Platform, and for retaining such consent forms on file. FPA prohibits the creation of Student Profiles or access to the Platform by children under the age of 18 unless Consent is first obtained. If a parent/guardian User does not consent or rescinds such Consent, you shall immediately cease your connection to the student on the Platform and take all necessary steps to ensure that such student’s information is no longer accessible by you through the Platform, including contacting FPA at exams@pianoadventures.com. Under no circumstances will FPA be liable for a teacher or Organization’s failure to consult their respective authorities and administrators or for failing to obtain Consent when required.

Parents/Guardians

If you are a parent or guardian of a student and have created a parent account on the Platform, and you also desire to: (1) create a Student Profile for your child on the Platform, (2) allow your child’s teacher to initiate an account on your child’s behalf, or (3) allow your child to access the Platform on your device, then the following terms apply to you:

(i) Parent/Guardian Consent. If your child is under the age of 18, Consent must be given in order to: (1) create a Student Profile, or (2) initiate a Student Profile by a teacher on behalf of your child. This Consent may be obtained either by: (1) FPA, if you are setting up the Student Profile or you are allowing your child to access or use the Platform on your device or account; or 2) a student’s teacher, if they are initiating your child’s Student Profile, or otherwise allowing them to access and use the Platform. Any Student Profile created by you is linked to your parent/guardian account. If you are the parent or legal guardian of a child who is using the Platform and your child’s

Student Profile was not set up by you, or you did not give Consent for a teacher to initiate a Student Profile, you can email us at exams@pianoadventures.com to have that child’s Student Profile deleted and any student information removed.

(ii) Email and Other Messaging. FPA may send parents/legal guardians informational messages, including, but not limited to, messages: (1) providing information related to their or their child’s use of the Platform; (2) supplying information that they request; or (3) responding to their inquiries regarding their account or use of the Platform. If you as a parent/legal guardian provide your email to your child’s teacher, you are consenting to FPA (on behalf of and at the direction of your child’s teacher) sending informational messages. If you have created an account on the Platform, and have provided FPA directly with your email, you further agree that we may send you messages, alerts, and other communications through the Platform, including via email, web alert, push notifications and other similar means, in accordance with the preferences you set through the Platform.

Third-party Applications and Integrations

If you use any third-party applications, including, but not limited to, third-party applications that are integrated directly with our Platform through application programming interfaces (“APIs”) for your convenience, (“Third-Party Applications”), you are solely responsible for your interactions with such Third-Party Applications. Additionally, if you elect to use any Third-Party Applications, you are solely responsible for the selection of and any transfer or downloading of any User Content, or any other data or content stored on the Platform, to such Third-Party Applications, including through any of FPA’s APIs. FPA shall not be responsible for any disclosure, modification or deletion of your data, or the use of your data by such Third-Party Applications, including, without limitation, any User Content, resulting from any such access by Third-Party Applications.

You acknowledge and agree that in connection with certain Third-Party Applications, you will be required to create accounts on other websites in your name (“User Third-Party Accounts”) for such services to function. Such User Third-Party Accounts are required by the Third-Party Applications to be set up directly between you and the Third-Party Application. Use of the User Third-Party Accounts will be governed by the terms of use, agreements, policies, rules, guidelines, and privacy policies of such websites (“Third-Party Application Terms”). You agree and acknowledge that you are solely responsible for compliance with such Third-Party Application Terms. If required to provide the Platform, you hereby authorize and grant FPA a right to use any names, passwords, API keys or other keys (“Third-Party Application Account Keys”) solely as necessary to provide the Platform to User.

If you use any Third-Party Applications, including without limitation, to create and link or integrate any videos or other content (“Third-Party Application Created Content”) to your account on FPA, it is your responsibility to obtain any and all necessary rights you need, including, without limitation, for any additional photos / videos / music not already part of the Platform and as necessary to grant us the license set forth in this Agreement. You are also solely responsible for all Third-Party Application Created Content, and for ensuring that such Third-Party Application Created Content meets all applicable conditions and restrictions set forth in this Agreement. You further acknowledge that any Third-Party Application Created Content is subject to any other disclaimers and rights of FPA with respect to such content contained in this Agreement. You represent and warrant, in connection with any use of Third-Party Applications, that you: (i) shall comply at all times with all applicable Third-Party Application Terms, including regarding the indirect or direct transfer of any User Content or other data to any third parties; (ii) shall comply with any and all process and guidelines set forth (or that may be set forth) by FPA regarding Third-Party Applications; and (iii) will comply with the Terms of Use for all content you link to or integrate with the Platform through the use of any Third-Party Applications.

Your Representations and Warranty

You warrant, represent and agree that you will not provide any User Content or otherwise use the Platform in a manner that (i) infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Company in violation of any applicable laws or regulations, including without limitation, COPPA, state student privacy laws, and the Family Educational Rights and Privacy Act (“FERPA”) (collectively, the “Laws”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Platform in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant and agree that you (i) possess all rights necessary to provide your User Content and grant Company the rights in this Agreement (ii) you will comply with the Laws in connection with your use of the Platform; and (iii) you are solely responsible for providing notices and obtaining consents required by applicable Laws for students to use the Platforms or to provide User Content, including compliance with the applicable provisions of COPPA.

Acceptable Use and Conduct

We do our best to keep the Platform safe, but we cannot guarantee it. We need your help to keep the Platform safe, which includes the following commitments by you when using our Platform:

You will only use the Platform as permitted by law and in a manner consistent with these Terms of Use, including applicable export or re-export control laws and regulations.
You will not post unauthorized commercial communications (such as spam, promotional emails, or advertisements) on or through the Platform.
You will not collect users’ content or information, or otherwise access the Platform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Platform.
You will not upload viruses or other malicious code, files, or programs.
You will not collect, solicit, or otherwise obtain login information or access an account belonging to someone else.
You will not use the Platform to violate a person’s right to privacy or publicity or otherwise collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of any Law.
You will not bully, intimidate, or harass any User or use the Platform in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy.
You will not post or approve any User Content or use the Platform in a manner that infringes, violates, or misappropriates any third-party’s intellectual property rights or other proprietary rights, privacy rights or contractual rights.
You will not use the Platform in any way to upload, post, transmit, email, or otherwise distribute content that: is hate speech, discriminating, defamatory, threatening, pornographic or obscene; incites violence; contains nudity or graphic or gratuitous violence; or is otherwise objectionable as reasonably determined by FPA.
You will not use the Platform to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of the Platform or prevent other Users from using the Platform, such as a denial of service attack or interference with page rendering or other Platform functionality.
You will not access (or attempt to gain unauthorized access) to the Platform or to FPA’s computer systems by any means other than as permitted in this Agreement or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Platform.
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Platform, including any Users’ content or information, or otherwise access the Platform, – except for Internet search engines (e.g., Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved.”
You will not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin on any content transmitted to or through the Platform.
You will not use the Platform in any commercially unreasonable manner or in any manner that would disparage FPA.
You will not impersonate an FPA employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You will not use the Platform in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Platform, including any User Content, that violate child pornography laws or that otherwise violates any child sexual exploitation laws. FPA absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any of your user registration information, to law enforcement, including the National Center for Missing and Exploited Children.
You will not copy, modify, or distribute any text, graphics, or other material or content available through the Platform without our prior written permission, or if such content is User Content, the prior written consent of such User.
You will take reasonable steps to prevent the dissemination of your personal information or the personal information of a student (if any), including, without limitation, any usernames or passwords.
You will not facilitate or encourage any violations of this Agreement or our policies, including, without, limitation, to facilitate the unlawful distribution of FPA Content or any other copyrighted content.

Any violation of the above may be grounds for termination of your right to access or use the Platform.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

We provide our Platform using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Platforms.

**DISCLAIMER OF WARRANTIES**. THE PLATFORM (AND ANY ASSOCIATED PRODUCTS, PREMIUM FEATURES, CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER CONTENT, FPA CONTENT, AND ANY OTHER CONTENT (“COLLECTIVELY THE “FPA OFFERINGS”)) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FPA (AND ITS PARENT, SUCCESSORS, AFFILIATES, SUBSIDIARIES, CONTRACTORS,SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS (“FPA PARTIES”) EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE FPA OFFERINGS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

IN PARTICULAR, FPA AND THE FPA PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE FPA OFFERINGS (1) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, (2) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER.

ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.

**LIMITATION OF LIABILITY**. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL FPA OR THE FPA PARTIES , BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE FPA OFFERINGS; OR (iii) ANY INTERACTION WITH ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE FPA OFFERINGS, INCLUDING OTHER USERS.

IN NO EVENT WILL FPA OR THE FPA PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO THE COMPANY FOR USE OF THE FPA OFFERINGS IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, CLASSDOJO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Registration and Security

As a condition to using Platform, you may be required to register with the Company and select a password and username or provide additional contact information (“FPA User ID”). Alternatively, (1) a teacher may initiate or (2) a parent/guardian may create, accounts and logins for students or their child (“FPA Student Login(s)”). When you register or create a Student Login, you must provide the Company with accurate, complete, and updated FPA User ID and Student Login information. You may not select or use as an FPA User ID or Student Login, a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. FPA reserves the right to refuse registration or to cancel an FPA User ID or Student Login in its discretion.

You shall be responsible for maintaining the confidentiality of your login credentials, FPA User ID, Student Login, password, or Registration code (“Account Credentials”) and will not share with anyone or let anyone else access your Account Credentials or account. You may not transfer your Account Credentials or account to anyone without express prior written consent of the Company. The Company will not be liable for any direct or indirect loss that you may incur as a result of someone else using your Account Credentials, either with or without your knowledge or for a failure to comply with this Section. However, you may be held liable for losses incurred by FPA or another party due to someone else using your Account Credentials.

You expressly agree to (a) immediately notify FPA of any unauthorized use of your account or any other breach of security of your Account Credentials, account, or a child’s personal information, and (b) ensure that you properly logout from your account at the end of each session.

You represent, warrant, and covenant that (1) all Account Credential information you submit is truthful and accurate, and (2) if you are setting up a Student Login that you have obtained any and all necessary rights, permissions, or consents to access, setup, monitor, use or disclose any data from such accounts of other Users.

Indemnity

You agree, to the extent permissible by your state’s laws, to indemnify, hold harmless and defend FPA and the FPA Parties from and against all damages, losses, demands, liabilities, judgments, settlements, costs and expenses of any kind (including reasonable attorneys’ fees) from any claim or demand made by any third-party relating to or arising out of (i) your access to, use, or misuse of the Platform, (ii) your breach of alleged breach of this Agreement, (iii) your failure to comply with applicable Laws (including any failure to obtain or provide any necessary consent), (iv) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (v) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users.

FPA reserves 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 without the prior written consent of FPA. FPA will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Copyright Protection

It is FPA’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA“). FPA may remove any allegedly infringing content without any liability to you. FPA will promptly terminate without notice any User’s access to the Platform where the User is a “repeat infringer” of copyrights. FPA, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User.

Third Party Content and Websites

Content from other Users and third parties, including information about third-party products and services, is made available to you through the Platform (“Third-Party Content”). Additionally, the Platform may contain links to third-party websites that are not owned or controlled by FPA, and includes features that allow you to interact and communicate with third parties (“Third-Party Websites”). The inclusion of Third-Party Content and links to Third-Party Websites on the Platform does not imply our affiliation or endorsement of such Third-Party Content or Third-Party Websites. Because we do not control Third-Party Content or Third-Party Websites, you agree that we are not responsible for any such Third-Party Content or Third-Party Websites, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third-Party Content or Third-Party Websites (including privacy policies or opinions expressed on the Third-Party Websites), it is the sole responsibility of the person from which such Third-Party Content or Third-Party Websites originated, and FPA has no obligation to monitor such Third-Party Content or Third-Party Websites. When you access Third-Party Websites or interact or communicate with third parties through the Platform, you do so at your own risk and are solely responsible for determining whether such Third-Party Content and Third-Party Websites are appropriate or acceptable to you. Your interactions with Third-Party Content and Third-Party Websites, organizations and/or individuals found on or through the Platform are solely between you and such organizations and/or individuals and are subject to their respective terms and conditions and privacy policies. You understand that by using the Platform you may be exposed to Third-Party Content or Third-Party Websites that are offensive, indecent, or objectionable, and that you use the Platform at your own risk.

User Disputes and Release

User Disputes: FPA is not responsible for the actions, content, information, or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Platforms, and any other parties with whom you interact through the Platform. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.

Release: If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, successors, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Term and Termination

This Agreement shall remain in full force and effect while you use the Platform unless your account is terminated as provided in this Agreement (“Term”). Users may terminate their use of the Platform or your account at any time. Please contact exams@pianoadventures.com if you require assistance.

You acknowledge that, if you knowingly, intentionally, or negligently violate this Agreement, FPA may suspend your license to the Platform, in whole or in part, until the violation has stopped or terminate your license and use of the Platforms. If you fail to correct the violation after reasonable notice from FPA, FPA may terminate your license and use of the Platform and this Agreement. You agree and if such termination or suspension occurs, FPA shall bear no responsibility or liability for any damages or claims resulting from or in connection with such actions, including the loss of information associated with your account.

This Section does not apply in the unforeseen circumstances in which FPA ceases operations or files for bankruptcy at which point FPA may terminate or suspend all User accounts and licenses with or without notice to you, and with no liability to you. We believe that you (or your teacher) own your data and preserving access to such data is important. If we discontinue the Platform, where reasonably possible, we will give you advance notice and a chance to get information out of the Platform.

Dispute Resolution

Generally: In the interest of resolving disputes between you and the Company in the most expedient and cost-effective manner, you and the Company agree that any and all disputes arising in connection with these Terms of Use shall be resolved by binding arbitration. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Use. You understand and agree that, by entering into these Terms of Use, you and the Company are each waiving the right to a trial by jury or to participate in a class action.
Exceptions: Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Arbitration: Any arbitration between you and the Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Platform, and will be administered by the AAA.
Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding.
No Class Actions: you and the Company 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. Further, unless both you and the Company agree otherwise, 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.
Enforceability: if only Subsection E of this Section or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in this Section shall govern any action arising out of or related to these Terms of Use.

Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with Company’s prior written consent. Company may transfer, assign, or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the State of Michigan without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in Ann Arbor, Michigan, and for all purposes of this Agreement, you and the Company consent to the exclusive jurisdiction and venue of such courts. Unless and solely to the extent that you or your Institution have a separate written agreement with the Company that governs your use of the Platform (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the FPA Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind the Company in any respect whatsoever.

Contact Information

For information about how to contact the Company, please visit our Contact page.