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Carefully review these Terms and Conditions of Use, along with our Privacy Policy, before accessing or utilizing our website, mobile apps, blogs, online services, text messaging services, social media websites, or apps operated by BENSAX MUSIC ACADEMY, LLC ("we," "us," "our," or the "Company") (collectively referred to as the "Services"), in addition to any terms and conditions of such social media websites and apps. By accessing or using the Services, you ("User") agree to be legally bound by these Terms and Conditions of Use. If you disagree with any of the following terms or conditions, please refrain from using the Services.
The Company reserves the right to modify any terms or conditions without prior notice, with such changes becoming effective upon their posting. The Company, along with its service providers, parents, affiliates, and business associates, may impose restrictions on certain features and services or limit your access to parts or all the Services without notice or liability. Additionally, the Company reserves the right to terminate your use of the Services at its sole discretion.
These Terms and Conditions of Use contain an arbitration agreement, a limitation of liability clause, text messaging terms, and other significant provisions.
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks, trade names, and all associated intellectual property rights (hereinafter referred to as "Content") are the exclusive property of the Company, its subsidiaries, affiliates, licensors, and content providers. The User is granted a personal, non-exclusive, non-assignable, and non-transferable license to utilize the Content solely for non-commercial and personal informational purposes. Without our prior written consent, the following actions are expressly prohibited: copying the Services or any portion of the Content, creating variations or derivatives thereof; reproducing, modifying, creating derivative works, displaying, performing, publishing, distributing, disseminating, broadcasting, or circulating any Content, in whole or in part (including, but not limited to, displaying and distributing the Content via third-party applications or websites); and disassembling, decompiling, reverse engineering, or otherwise altering the Content.
The Company urges Users not to obstruct or hinder any other User from accessing and enjoying the Services. Therefore, by using the Services, you agree not to: disrupt or interfere with the security of the Services, system resources, accounts, servers, or networks connected to or accessible through the Services or affiliated websites/services; upload, post, or transmit any viruses or other harmful, disruptive, or destructive files through or on the Services; attempt to use another person's account, service, or system without authorization from us, or create or use a false identity on the Services; or send spam, chain letters, junk mail, or other unsolicited mass emails through or on the Services to individuals or entities who have not consented to such communications.
The Company reserves the right to remove any content that it believes, at its sole discretion, is infringing, defamatory, illegal, offensive, or otherwise in violation of the Digital Millennium Copyright Act or other applicable laws. Moreover, unauthorized or prohibited use may result in civil liability and criminal prosecution under federal and state laws.
User expressly acknowledges that the use of the Services is solely at their own risk. The Company, its parents, affiliates, employees, agents, service providers, third-party information providers, licensors, or similar entities do not warrant that the Services will be uninterrupted, secure, or error-free. They also do not guarantee the results that may be obtained from using the Services, or the accuracy, reliability, security, or content of any information or service provided through the Services.
The Services, including all content, information provided therein, and downloadable software, are provided on an "as is," "as available" basis without warranties of any kind. All such warranties, whether oral or written, express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, are hereby disclaimed and expressly negated. The Company and its affiliates do not provide any warranty regarding the accuracy, reliability, or completeness of the content or information provided through the Services.
Under no circumstances, including negligence, shall the Company, its parents, affiliates, employees, agents, or any third-party information provider, service provider, licensor, or any other involved party, be liable for any direct, indirect, incidental, exemplary, economic, punitive, lost profit, special, or consequential damages arising from or related to the use of or inability to use the Services. This includes damages resulting from mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance, whether or not limited to acts of God, communication failures, theft, or destruction.
By opting in to receive text messages from us, you consent to receive text messages for both non-marketing and marketing purposes. You may opt-out of receiving text messages at any time by replying to a text with the words STOP, UNSUBSCRIBE, or OPT OUT. Message and data rates may apply. We are not responsible for delayed or undelivered messages.
If you are not bound by an arbitration agreement set forth in a written agreement with us, you consent to arbitrate any dispute with the Company or its affiliates. You also agree not to participate in class actions or consolidated claims involving another person's account if the Company is a party to the proceeding.
Users agree to indemnify and hold harmless the Company, its affiliates, employees, agents, and others from any violation of these Terms and Conditions of Use.
We do not endorse or take responsibility for the content of third-party sites linked to our Services. Users should review the terms of use and privacy policies of these sites.
Users can choose to be removed from our web-generated marketing lists at any time. Sending an e-mail with "remove" in the subject line to legacy@bensaxmusicacademy.com.
To opt out by mail, please send your name, company, e-mail address and physical mailing address with "remove" in the subject line to:
CEO
8360 West Oakland Park Blvd. Suite 305
Sunrise, FL 33351
Updates to the terms will be posted, and Users will be notified of changes to how personally identifiable information is used or disclosed.
These Terms and Conditions of Use are also governed by the laws of California. In case of conflict with other agreements, the terms of the membership agreement shall control. If any provision is found invalid, it shall not affect the validity of the remaining provisions. These Terms and Conditions of Use may only be altered by mutual agreement or by the Company posting revisions.