Thinklikeapianist (“Thinklikeapianist”, “TLP”, “we”, “us”, “our”) provides its services (described below) to you through its website located at thinklikeapianist.com (the “Site”) and the Site, the “Service(s)”, subject to the following Terms of Use (the “Terms of Service”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES.
We reserve the right, at our sole discretion, to change or modify portions of this Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
At Thinklikeapianist, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
The Thinklikeapianist service and any content viewed through our service, is solely for your personal and non-commercial use. With your Thinklikeapianist purchase we grant you a limited, non-exclusive, non-transferable, license to access the Thinklikeapianist content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. Thinklikeapianist may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
You will be required to register with Thinklikeapianist in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.
You may never use another's account and you may not provide another person with the email address and password to access your account. You should maintain control over all of the devices that are used to access the Service. If you fail to maintain control of a device, other users may access the Service through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password or account and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Thinklikeapianist of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session when accessing the Service. Thinklikeapianist will not be liable for any loss or damage arising from your failure to comply with this Section.
Thinklikeapianist reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Thinklikeapianist will not be liable to you or to any third party for any modification, suspension or discontinuation of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
You acknowledge that Thinklikeapianist may establish general practices and limits concerning use of the Service, including without limiting the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Thinklikeapianist’s servers on your behalf. You agree that Thinklikeapianist has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
The Service may include certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and to the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Thinklikeapianist reserves the right to investigate and take appropriate legal action against anyone who, in Thinklikeapianist's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Thinklikeapianist information regarding your credit/debit card or other payment instrument. You represent and warrant to Thinklikeapianist that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to Thinklikeapianist the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Thinklikeapianist to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account and you further agree to pay any charges so incurred. If you dispute any charges you must let Thinklikeapianist know within sixty (60) days after the date that Thinklikeapianist charges you. We reserve the right to change the payment plan of courses on Thinklikeapianist.
Please note that Thinklikeapianist does not store your payment details. Thinklikeapianist makes use of a third-party payment gateway responsible for handling all matters regarding payment.
If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize Thinklikeapianist to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Thinklikeapianist is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Thinklikeapianist, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
Thinklikeapianist may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. You accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
Payments are non-refundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you may continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
If you subscribed on our website, you can cancel by contacting Support at contact@thinklikeapianist.com or by going to Subscription in your profile page, selecting Cancel under the Subscription box and then following the onscreen instructions to continue and cancel subscription.
Unless otherwise expressly authorized herein or by Thinklikeapianist in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service or access to the Service. The Service is solely for your non-commercial, personal, entertainment use.
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Thinklikeapianist, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Thinklikeapianist from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Thinklikeapianist.
The Thinklikeapianist name and logos are trademarks and service marks of Thinklikeapianist (collectively the “Thinklikeapianist Trademarks”). Other Thinklikeapianist products, service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Thinklikeapianist. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Thinklikeapianist Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Thinklikeapianist Trademarks will inure to our exclusive benefit.
Under no circumstances will Thinklikeapianist be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for 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 such content. You acknowledge that Thinklikeapianist does not pre-screen content but that Thinklikeapianist and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Thinklikeapianist and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Thinklikeapianist in its sole discretion, to be otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all rights, title and interest in and to such User Content including without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”) provided by you to Thinklikeapianist are non-confidential and Thinklikeapianist will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise without acknowledgment or compensation to you.
You acknowledge and agree that Thinklikeapianist may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties;
Thinklikeapianist respects the intellectual property of others. If you believe in good faith that any materials on the Site infringes upon your copyrights, please send the following information to Thinklikeapianist at contact@thinklikeapianist.com:
If you believe that your User Content that was removed (or to which access was disabled) is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled, a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content, your name, address, telephone number, email address, a statement that you consent to the jurisdiction of the court located within Lagos, Nigeria and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Thinklikeapianist, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice at our sole discretion.
Thinklikeapianist has adopted a policy of terminating, in appropriate circumstances and at Thinklikeapianist's sole discretion, users who are deemed to be repeat infringers. Thinklikeapianist may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You may enable or log in to the Service via various online third-party services such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Thinklikeapianist's use, storage and disclosure of information related to you and your use of such services within Thinklikeapianist (including your friend lists and the like), please see our Privacy Policy.
However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties and Thinklikeapianist shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Thinklikeapianist is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Thinklikeapianist is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Thinklikeapianist enables these features merely as a convenience and the integration or inclusion of such features do not imply an endorsement or recommendation.
To the fullest extent permitted by law, you agree to release, indemnify and hold Thinklikeapianist and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THINKLIKEAPIANIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THINKLIKEAPIANIST MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THINKLIKEAPIANIST WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THINKLIKEAPIANIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THINKLIKEAPIANIST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THINKLIKEAPIANIST IN THE LAST SIX (6) MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You and Thinklikeapisnist agree that these Terms of Service affect interstate commerce and that the Arbitration and Conciliation Act CAP A18 Laws of the Federation (ACA) which is the primary legislation applying to Arbitration in Nigeria, which substantially conforms with the UNCITRAL Model Law shall govern the arbitration process.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at contact@thinklikeapianist.comand provide a brief, written description of the dispute and your contact information (including your email address, if your dispute relates to an account). Except for intellectual property and small court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
All disputes, claims or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration. For residents outside Nigeria, arbitration will be held in Lagos, Nigeria and you and Thinklikeapianist agree to submit to the personal jurisdiction of any federal or state court in Lagos, Nigeria in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
You are responsible for all costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless Thinklikeapianist is otherwise specifically required to pay such fees under applicable law.
You and we 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 THINKLIKEAPIANIST 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.
Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Thinklikeapianist at the address identified in Section 13 below. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Thinklikeapianist also will not be bound by them. If Thinklikeapianist changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” or in the date of Thinklikeapianist's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Thinklikeapianist in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND THINKLIKEAPIANIST REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
You agree that Thinklikeapianist in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service for any reason, including, without limitation, for lack of use or if Thinklikeapianist believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Thinklikeapianist may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Thinklikeapianist may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Thinklikeapianist will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Thinklikeapianist will have no liability or responsibility with respect thereto. Thinklikeapianist reserves the right, but has no obligation to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Thinklikeapianist and govern your use of the Service, superseding any prior agreements between you and Thinklikeapianist with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of Nigeria without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 9 above, you and Thinklikeapianist agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Lagos, Nigeria. The failure of Thinklikeapianist to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Thinklikeapianist, but Thinklikeapianist may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Thinklikeapianist be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Please contact us at contact@thinklikeapianist.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.