Terms & Conditions
Published 15 March 2025. Effective as of 15 March 2025. These Terms replace and supersede all prior versions.
These Terms & Conditions (“General Terms”), along with any applicable Additional Terms (such as Imprint, Privacy Policy, Cookie Policy, Service Data Protection, Trademarks & Intellectual Property), collectively, the “Terms” govern your use of and access to our website, customer support, discussion forums or other interactive areas including social media sites or services and software that we include as part of the Services, as well as any applications, including Mobile Applications, Sample Files, Content Files, Scripts, Instructions and Related Documentation in any file format.
General
Effective as of 15 March 2025, TerraSonic2, (collectively “we” or “us” or “our”) have updated terms that apply to the use of our Websites (as herein defined). For the purposes of these Terms, the term, “Websites”, shall refer collectively to www.exploremusiceducation.com as well as the other websites thatwe operate that link to these Terms.
We provide the Websites to you subject to these Terms, which may be updated by us from time to time pursuant to Paragraph 1 herein. By accessing and using the Websites, you accept and agree to be bound by these Terms, our Privacy & Cookie Policy found here. If you do not agree to these Terms, you should not access or use the Websites. In addition, when accessing the Websites you shall be subject to any posted guidelines or rules applicable to the Websites, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
These Terms do not apply to your access to and use of the products and services which we market for subscription on our Websites (our “Services”). The practices and policies, including how we protect, collect, and use electronic data, text, messages, communications or other materials submitted to and stored within the Services by You (“Service Data”) are detailed in and governed by our Subscription Agreement, available here, or such other applicable agreement between you and any member of TerrSonic2 relating to your access to and use of such Services (“Service Agreement”).
1. Changes To Terms
These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
2. Changes To Websites
We may change or discontinue any aspect, service or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.
3. Registration
You may be given the opportunity to register via an online registration form or by participating in Interactive Areas, such as forums and other community features, to create a membership or subscription account (“Your Account”) that may allow you to receive information from us and/or to participate in certain features, forums, etc. on the Websites. We will use the information you provide in accordance with the Privacy Policy. By registering you represent and warrant that all information that you provide is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your information on the Websites so that it remains current, complete and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Websites and all charges related to the same.
4. User Content Guidelines
The following terms apply to content submitted by you:
4.1 The Websites may contain comments sections, discussion forums, or other interactive features (“Interactive Areas”) in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Websites.
4.2 By submitting any User Content or participating in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post or otherwise transmit any User Content that
(a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
(b) you know to be false, misleading or inaccurate;
(c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;
(d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd;
(e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;
(f) advocates violent behavior;
(g) poses a reasonable threat to personal or public safety;
(h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes;
(i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by us, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites;
(j) does not generally pertain to the designated topic or theme of any Interactive Area;
(k) contains any unsolicited or unauthorised advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or
(l) uses the name or likeness of an identifiable natural person without such person’s consent. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by us, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites.
4.3 You agree not to represent or suggest, directly or indirectly, Art Inspire Music’s endorsement of User Content.
4.4 You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
4.5 You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
4.6 You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
4.7 Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites will not be permitted. We reserve the right, in our sole discretion, to remove or edit User Content submitted by you.
4.8 We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
4.9 We have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Websites, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Websites at your sole cost and expense. The decision by us to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Websites.
4.10 By submitting User Content to the Websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any third parties. Additionally, to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and agree not to assert such rights against us. You represent and warrant to us that you have the full legal right, power and authority to grant to us the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms.
5. User Conduct Guidelines
The following terms apply to your conduct when accessing or using the Websites:
(a) you agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites;
(b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites, use of the Websites, or access to the Websites;
(c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability;
(d) you agree not to impersonate any person or entity, including, but not limited to, TerraSonic2, or any of its employees or members, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
(e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Websites or posting private information about a third party.
6. Intellectual Property Rights
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, colour scheme, selection, combination and arrangement of the Content present on the Websites is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
Except with our express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Websites or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.
You may display, copy and download Content from the Websites solely for your personal and non-commercial use provided that:
(a) you do not remove any copyright or proprietary notice from the Content;
(b) such Content will not be copied or posted on any networked computer or published in any medium; and
(c) no modifications are made to such Content.
7. Disclaimer Of Warranty; Limitation Of Liability
(A) you expressly agree that use of the websites is at your sole risk. TerraSonic2, its other affiliates nor any of their respective employees, agents, third party content providers, third-party service providers or licensors do not warrant that use of the websites will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the websites, nor as to the accuracy, reliability or content of any information, service, or merchandise provided through the websites.
(b) the websites are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms.
(c) to the fullest extent permissible by applicable law, in no event shall we or our future parent or affiliated companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the websites or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the websites, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorised access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the websites. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if we or future parent or affiliated companies have been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that we or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the websites or any other third parties.
If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
(d) We disclaim any and all liability of any kind for any unauthorised access to or use of your personally identifiable information. By accessing the Websites, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Websites.
8. Indemnification
You agree to defend, indemnify and hold harmless TerraSonic2 , its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Websites by you. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
9. Termination
We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Websites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Paragraphs 2, and 5-12 shall survive termination of these Terms.
10. Governing Law
The content, data, video, and all other material and features on the Websites are presented for the purpose of providing education, entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in Ireland, its territories, possessions, and protectorates or all other countries, territories in the world.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Websites, and/or the provision of content, services, and/or technology on or through the Websites shall be governed by and construed exclusively in accordance with the laws and decisions of the country of Ireland applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
Please report any violations of these Terms to us here...
11. Copyright, Copyright Agent & Trademarks
We respect others’ intellectual property rights, and expect our users and customers to do the same. If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please contact us here... We reserve the right to terminate access to the Websites for users or customers who post material that infringes the intellectual property rights of others.
1. TRADEMARK USAGE GUIDELINES
Our trademarks, copyrighted content and brands are our intellectual property and are among our most valuable assets. In order to preserve and protect these brands, it is essential that they are used properly. Follow these Guidelines for using our trademarks and brands properly in all communications, documents, and electronic messages.
These Guidelines apply to our employees, co-creators, co-authors, contributors, customers, subscribers, followers, partners, licensees, outside suppliers and vendors, and other third parties. If you are a Licensee of an TerraSonic2 trademark or logo, your license agreement may have particular usage guidelines different than provided here. If so, please follow the specific guidelines in your individual written agreement with us. If you are a Licensee but have not been provided with special guidelines for usage of our brands, then these Guidelines apply to your usage of our brands.
You may reference our products and services using our trademarks, as long as such references are:
(a) truthful, fair, and not misleading, and
(b) compliant with these Guidelines, which may be modified from time to time by us in its sole discretion. Our trademarks and brands should never be used in a way that could cause anyone wrongly to believe that your products or services are offered, endorsed, or sponsored by us or any of our subsidiaries.
1.1 SUPPLIERS & VENDORS
Please follow the specific trademark usage guidelines, if any, contained in your agreement with us. Use of our trademarks and brands must be explicitly approved by us. Please contact us with any questions regarding the approval process.
1.2 TRADEMARK NOTICES
Properly designate the status of our trademarks by using the correct trademark symbol (® or ™) reflecting our ownership of particular marks as set forth below. Also include an attribution of our ownership in the following format: “_______ is a trademark of Art Inspire Music Ltd.”
· In letters, memos, press releases, white papers, advertising, slides, foils, video, and other multimedia presentations:
· Properly designate (with ® or ™) all of our trademarks at the most prominent use (usually a headline) and again on the first occurrence in copy; and
· In the case of presentation graphics, trademarks should be designated with the proper trademark symbol on each page, slide, and foil.
· In newsletters, magazines, and publications containing multiple articles:
· Properly designate (with ® or ™) all of our trademarks on the first occurrence in the document, in headlines and on the first occurrence in every article in which they are used.
· In brochures, annual/quarterly reports, books, technical documentation, and other bound documents:
· Properly designate (with ® or ™) all of our trademarks on the first occurrence in the document, in headlines, and on the first occurrence in text.
· In all charts or graphs, properly designate trademarks (with ® or ™).
· On all packaging, always use the trademark symbol in every reference.
1.3 TRADEMARK WORDING
Use our trademarks only as adjectives followed by the appropriate generic product or service noun describing the relevant product or service (e.g., “the EME® student resources are the best on the market”). Our trademarks should not be used in plural or possessive form or as verbs.
When TerraSonic2 is used to refer to our band, our band name is used as a proper noun; they can be used in the possessive form and do not need to be followed by a generic term. Neither the ™ nor ® symbol should accompany references to TerraSonic2 as a company. Example:
Correct: TerraSonic2 is now offering books.
Incorrect: TerraSonic2® is now offering books.
1.4 OWNERSHIP ASSERTION
Do not assert rights over any of our brands whether by incorporating one of our brands into your own product or service names, trademarks, logos, company names, or domain names or seeking a trademark or domain name registration for any term that includes one of our brands.
1.5 LOGO USE
Do not make unlicensed use of our logos. Third party use of our logos requires a license or written permission from us. If you are interested in obtaining a license to use one of our trademarks or logos, contact us to discuss your proposed use.
1.6 STYLE OF USE
When using our logos or trademarks: (i) use our Logos exactly as they will be sent to you and do not alter or distort their appearance in any way, for example, by adding your own design elements or changing the font, colors, or size; (ii) allow for clear space around our Logo; and (iii) maintain the legibility of our Logos and keep them sharp, clear, and well-produced. When using our Word Marks, you may not change their appearance by abbreviating them, incorporating them into acronyms, changing their spelling, using them in parts, or using improper capitalization.
1.7 NO TRADEMARK BIDDING
Unless expressly permitted in an agreement between you and us, you may not bid on any of our trademarks (or any variant or extension thereof) as a keyword on any search engine, or use any of our trademarks (or any variant or extension thereof) in any form of paid advertising including, but not limited to, paid social and display advertisements.
1.8 NO TARNISHMENT
You may not use any of our trademarks or logos in a disparaging or degrading manner.
1.9 OUR LOGOS & TRADEMARKS
The following is an illustrative, non-exhaustive list of logos and trademarks owned by us. Because this list of logos and trademarks and their status could change over time, including as we add new products and services, please review this section in these Guidelines periodically. Please note that the absence of a product or service name or logo from the list below does not constitute a waiver of our trademark or other intellectual property rights in that name or logo.
2. COPYRIGHT INFRINGEMENT & TAKEDOWN POLICY
We abide by any trademark and copyright laws or regulations in Ireland, Europe or any other jurisdictions by responding to written notifications of alleged infringement by legitimate copyright holders. As part of our response, we may remove or disable access to allegedly infringing material residing on our websites and within our Services. Please note that we do not control content hosted on any third party website, and cannot remove content from any website it does not own or control.
To submit a copyright infringement notification to us, send a written communication via our contact form, and provide the following information in writing:
· Identification of the copyrighted work that you claim has been infringed;
· Identification of the specific material that is claimed as infringing and information sufficient to permit us to locate that material on our websites or within our Service (providing a URL is the best way to help us locate the content quickly);
· A statement that you believe, in good faith, that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or by law;
· If you are not the copyright owner, a description of your relationship to the copyright owner;
· Your contact information, including your name, address, telephone number, and email address;
· A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
· A physical or electronic signature of a person authorised to act on behalf of the copyright owner.
Please note that anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys’ fees incurred by the alleged infringer or by us. Therefore, if you are not sure whether material infringes your copyright, you should first consider contacting an attorney.
Our Response to Notifications
Following receipt of a proper written notification, we will expeditiously remove or disable the allegedly infringing content. We will also notify the author, contributor or customer who submitted or posted the allegedly infringing material, and provide them with a copy of the copyright infringement notification. We may suspend or terminate access to the Service of customers that repeatedly or egregiously infringe the copyrights of others.
Counter Notification
If an author, contributor or customer of our Services believes that their content was removed or disabled by mistake or misidentification, the author, contributor or customer can send us a written counter notification that includes the following:
· The author’s, contributor’s or customer’s contact information, including name, address, email address, and telephone number;
· Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;
· An official & legal statement that the author, contributor or customer consents that (s)he will accept service of process from the person who originally provided us with the notification of infringement;
· A statement under penalty of perjury that the customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
· A physical or electronic signature of the author, contributor or customer;
Please note that any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
We will only accept counter notifications that meet the requirements set forth above and are properly submitted as outlined above. Upon receipt of a proper written counter notification, we will provide the person that submitted the infringement notification with a copy of the counter notification, and will, on or after 10 business days following receipt of the counter notification, restore the removed material to the Service unless we first receive notice that a court action has been filed to restrain the customer from engaging in infringement related to the allegedly infringing material.
12. Miscellaneous
These Terms and any operating rules for the Websites established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of TerraSonic2, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.
13. English Version Controls
Non-English translations of this Policy are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
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