Terms & Conditions
Effective Date: March 1, 2021
TERMS OF USE
The following Terms of Use are the rules that govern the use of the Levels Music Production Ltd. website, www.levelsmusicproduction.com (the Site) by its user or visitor (the User). By visiting or using any of the services offered by the Site, the User agrees to be bound by and to comply with these Terms of Use and any applicable laws and regulations governing the use of the Site.
For the purpose of these Terms of Use the following terms shall have their corresponding meanings:
“You” or “User” means any user or visitor of the site, whether visiting, browsing, reviewing Site’s content, purchasing the products offered by or at the Sirte or using any of its services. If the use of the Site or purchase are done on behalf of a minor, “User” shall include both the minor and their legal guardian;
“Company”, “We”, “Levels Music Production” means Levels Music Production Ltd., and any of its holding, subsidiaries, associated and/or related entities, entities with the same controlling interest (whereas controlling interest means ownership of 15% and more of the controlling shares) and their respective directors, employees, subcontractors and agents;
“Site” means www.levelsmusicproduction.com and any of its internet subpages and any social media pages whether owned or operated by or on behalf of the Company.
“Product” or “Service” means any music production, music production training and courses, music and video clips and other similar products and services offered for sale at or through the Site. Where applicable, Product includes any derivative products created or produced by the use of the services offered by the Company.
A. General.
1. By visiting the Site, Users expressly agree to comply with the Terms of Use contemplated herein as well as with any other guidelines, rules and/or policies as might be posted from time to time by Company.
2. Company may make changes and updates to these Terms of Use and any other policy or rules applicable to the Site when and if needed. Any such document will become effective on the date of its posting on the Site, unless expressly provided otherwise. By using the Site, You agree to comply with the most recent version posted on the Site. It is Your responsibility to review and verify the most updated version of the documents governing the use of the Site.
3. All information posted by Visitors on the Site or the Company’s social media pages, including personal opinions, suggestions, reviews and responses to the Products and their benefits, and more, is being posted as a personal opinion of such Users over which the Company has no control and direction. Company retains the right (but not the obligation) to remove any comments and opinions which, at the Company’s absolute discretion, are discriminatory, derogatory, insulting or contradict Company’s policies and procedures.
4. By accessing the Site, You declare (and acknowledge that Company relies on your declaration) that You are over 18 years old and have the required capacity to visit the site, participate in its forums or social media pages, and purchased products and services offered by Company.
For Users under 18 years of age, you declare that your visit to the Site is supervised by an adult and was authorized by your parent or legal guardian having the required capacity to authorize your use of the Site. By accessing the Site, you acknowledge and rely on your acknowledgement, that an adult person of 18 years of age and more is present and is supervising you use of the Site.
5. Users must be natural persons but can specify within their account description that they represent a business entity. At its absolute discretion, Company may refuse to allow any person to register or create an account at the Site or cancel or suspend any existing account.
6. Every user’s account at the Site is personal and intended for your personal use only. You must maintain control of Your account and must not allow others to use Your account.
B. Pricing and Taxes
1. Except for the Money Back Guarantee offered by Company for its live online training if requested before the specified class begins (typically before class 5), the 60-days’ Money Back Guarantee for its on-demand video courses, and unless provided otherwise in writing, all purchases made from the Site are final and non-refundable. It is Your responsibility to read products’ and services’ description and evaluate their fitness for your purpose prior to making a purchase. In a case of the Money Back claim, Company will refund the amount paid by You, less any processing fees. In any other situation, the Company’s sole responsibility with regards to the refund and/or return request shall be to offer, where possible, a supplementary product to the one purchased by You.
2. All Community products including the Balance Community and the Learn Music Production Community are gifted add-ons and not for sale or purchase. Community access can be revoked at any time for any reason. Community access will be also be revoked in the case of a refund.
3. Unless stated otherwise, all prices on the Site are stated in the USD currency. Any purchases made from a non-USD operating jurisdiction might be subject to exchange rates imposed by their respective credit/debit card providers. Company is not responsible and has no control over such exchange rates.
4. All prices listed on the Site are exclusive of the GST/HST (or other applicable sales taxes) which will be added to the total cost of products at the check-out page.
5. If You purchase a physical product, its description page will define whether the price includes the processing, mailing and delivery charges. Unless stated otherwise, the delivery is not included in the price and its cost will be calculated during the checkout process based on the address provided by You for the delivery.
6. We strive to provide the most updated information on the availability and timely supply of the Products. That being said, in some cases the information might not get updated in the real time, especially during the times of high demand. In such cases, We retain the right to advise you of unavailability of certain Product(s), courses being fully booked or other limitations affecting your purchase order. We also retain the right to cancel your order in a case of unavailability of the Products, in which case our sole liability shall be to provide you with a full refund of your payment.
7. Upon completion of the Product purchase, the User shall receive a purchase confirmation number and a corresponding email will be sent to the address provided by the User during the purchase process. Any claims, complaints and inquiries shall be forwarded as follows:
a. With regards to technical issues with using the Site (pages not loading, fonts do not display correctly, payment page does not load) shall be directed to the Company;
b. With regards to payment issues (the payment by credit/debit card does not go through or being rejected, the confirmation email did not arrive, the amounts on the confirmation page of the Site and confirmation email do not match) shall be sent to us and we will forward it to the payment processing company responsible for your payment. Levels Music Production is not responsible for the processing and payment issues.
c. Product related issues (wrong product, quality issues etc.) shall be directed to the customer support page of the Site.
8. If the Company identifies, at its sole discretion, any attempt of tampering with the website, payment system or purchasing process, the Company may cancel any of the outstanding purchases made by the User, deny future access to the Site, ban the User or user’s IP address from accessing the Site, and commence any legal action as the Company might deem fit.
C. Intellectual Property
General
1. The Site and all images, texts, data, designs, artwork, photographs, audio and video clips, and all software used by the Site, including source code are owned or licensed by Us.
2. Company owns all intellectual property rights in and associated with the Site, including without limitation copyright, trademarks, patents and more. Any logos, images, trademarks, service marks and other commercial signs and names (together “marks”) used on the Site are the property of the Company and the Users are hereby expressly prohibited to copy, reproduce or make any other use without prior written approval of the respective owners of such marks.
3. Users are not allowed to copy, transmit, edit or otherwise use any intellectual property belonging to the Company, without a prior written authorization for such use. Users are granted a limited license to view the Site or use it for the purpose of purchasing Products in accordance with the Terms of Use contemplated herein.
Use License
4. Where some of the content on the Site is offered for download, a permission is granted to temporarily download one copy of such materials (information or software) for personal, non-commercial viewing only. This is the grant of a temporary, limited use license, you may not:
• modify or copy the materials, or use the materials as a part of another material;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial), including social media publications and postings;
• attempt to reverse engineer any software contained in the Site;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.
Where the materials are posted for training and practising purposes, the limited license granted herein shall include the license to modify, decompile, change, edit and assemble materials exclusively for the training and practicing purposes. Any use of such materials (whether the original or resulting creations) for commercial purposes without obtaining a prior written consent of its original creators is absolutely forbidden.
Demonstration of Creations
5. The Site retains the right to demonstrate production creations of its visitors and the clients of Levels Music Production Ltd. (proprietary content). Except for the viewing of the proprietary content, the posting of such proprietary content shall not be considered as granting any use license for the visitors of the Site. The copyright for the proprietary content belongs to its original creators and the use of the content by the Site is done under a limited use license.
6. By posting Your content to the Site, the forum or social media associated with or managed by the Site, You hereby grant the Company a limited, perpetual, worldwide license to publish and demonstrate the content at the Site, or use the content or portions of it for advertising and marketing of the Site and its general content.
7. The license to use provided herein by You to the Site includes any projects, productions and creations conceived and produced by You as a part of courses or trainings undertaken through the Site or the Company. You hereby authorize us to use your creations for the purpose of demonstration, marketing and advertising of the Site. We will not use such content for any other commercial use or license it to third parties.
External Links
8. Where the Site contains external links to third party websites, social media pages and other related resources, we do not review and moderate the content posted therein and shall not be held responsible for any content posted or used by such third party websites. By following any of the external links posted at the Site, You shall ensure that you comply with the Terms of Use posted therein, and Your use of any third party sites shall not be considered as a part of the use of the Site and shall not be governed by these Terms of Use.
D. Claims and Dispute Resolution
The Company encourages efficient, peaceful and amicable resolutions of any disputes, claims or demands by the User. By visiting the Site or any of the Company’s social media pages, the User hereby agrees as follows:
a. Any dispute must be referred to the binding arbitration only. The arbitration must follow the rules of the Canadian Arbitration Association. If the Parties cannot agree on the identity of an arbitrator within 10 business days from the Party’s notice of proposed arbitration, such arbitrator shall be appointed by the Canadian Arbitration Association.
b. In reviewing and deciding the dispute, the arbitrator will apply the laws of British Columbia to any issues arising from these Terms of Use or from the User’s use of the Site.
c. If any attempt is made to forego the arbitration and the User is requesting to commence legal proceedings despite the provisions contemplated herein, the User must apply to the courts of Vancouver, BC and the law of British Columbia shall be applicable to the case notwithstanding any potential or existing conflicts of laws.
E. Use of Forum and Social Media Pages
1. When registering for the Site-operated forum or social media pages, and subject to Chapter C herein, You grant Company an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Site for any purpose We might find fit and at our absolute discretion.
2. You agree that any information posted on the Site must not, in any way whatsoever, be potentially or actually harmful to the Company or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Company. If Company identifies any such harmful content, it has the right to delete the content and deny the User responsible for posting such content any access to its website or services, all without any prior notice to the User.
3. Without limiting any provision of this Agreement, any information You supply to Company or publish in the Forum must be up to date and kept up to date and must not:
a. be false, inaccurate or misleading or deceptive;
b. be fraudulent or involve the sale of counterfeit or stolen items;
c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
e. be defamatory, libellous, threatening or harassing;
f. be obscene or contain any material that, in Our sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
g. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Site, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
Levels Forum Rules
4. Every registered user of the Site has the privilege to register and use Levels Forum (Forum) – a social platform dedicated to our members and their creations. The rules listed in sec. 3 above shall apply to the use of the Forum and any content posted therein.
By registering to the Forum, you confirm and acknowledge that you are at least 18 years old and you have the authority and the required capacity to agree to and follow the rules of the Forum. The content posted to the Forum is intended for the users of at least 18 years old.
While we have the right to moderate the Forum, we have a limited ability to review and approve each and every post and content posted by our members, limiting our moderation to complaints, audits and random sampling. We will be diligently responding to any complaints filed by a member, but any use of the Forum shall be at Your personal discretion and risk.
We have an absolute and unlimited right and discretion to remove content from the Forum, prevent members from posting any content or bar them from the Forum altogether.
F. No Warranties and Limitation of Liability
1. THE USER HEREBY AGREES TO RELEASE AND FOREVER DISCHARGES THE COMPANY FROM ANY CLAIM, COMPLAINT, LEGAL OR ADMINISTRATIVE PROCEEDINGS AND OTHER DEMAND, KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER HEREBY AGREES AS FOLLOWS:
a. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, BUG-FEE, VIRUS-FREE, OPERATING, SAFE, SECURE OR THAT THERE WILL BE NO DISRUPTIONS OR MISTAKES WHETHER ON THE SITE, SOCIAL MEDIA PAGES OR ELSEWHERE.
b. THE COMPANY IS NOT RESPONSIBLE FOR ANY INFORMATION PROVIDED BY THE THIRD PARTIES AT THE SITE, AND THE USER HEREBY FOREVER RELEASES THE COMPANY AND WAIVES ANY OF THEIR RIGHTS AGAINST THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED BY OR ACTIONS MADE BY ANY THIRD PARTY AT THE SITE, THE FORUM OR THE COMPANY’S SOCIAL MEDIA PAGES.
2. IN NO EVENT WILL THE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY OUT OF POCKET EXPENSES, WHETHER BASED ON CONTRACT, TORT, COMMON LAW OR EQUITY, ARISING OUT OF OR IN CONNECTION WITH THE SITE, SOCIAL MEDIA PAGES, OR ANY PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVEN SHALL THE CLAIM OF THE USER EXCEED THE COST OF THE PURCHASED PRODUCT OR $100.00, WHICHEVER IS HIGHER, AND THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE USER SHALL BE TO STOP USING THE SITE.
3. The User hereby understands and consents that the access to the Site, using of its content and purchasing of any Products offered at the site is conditional upon User’s full and unconditional acceptance of the Terms of Use contemplated herein. The User hereby agrees to waive any claims of unreasonableness, unconstitutionally or unenforceability of these Terms of Use. The User further agrees that the Terms of Use contained herein shall completely bar and prevent the User from raising any claims or requests to the court to declare these Terms of Use or any part thereof as unenforceable.
G. Privacy
1. The Privacy Policy of Levels Music Production Ltd., which is available at www.levelsmusicproduction.com/privacy, applies to all Users and forms an integral part of these Terms of Use. By using the Site You confirm You consent to, and authorise collection, use and disclosure of Your Personal Information in accordance with the Privacy Policy.
2. We will endeavour to permit you to transact anonymously on the Site. However, in order to ensure that We can reduce the incidence of fraud and other behaviour in breach of these Terms of Use, We reserve the right to ask Users to verify themselves in order to remain a User of the Site and/or the Forum.
H. Contact information.
1. Any inquiries for the authorization to use, sell, market or otherwise promote User’s products or services through the Site shall be forwarded to the Sales department at [email protected]
2. Any complaints, demands, disputes and claims shall be forwarded to the Customer Support department: [email protected]
3. Any other inquiries shall be forwarded to the general information department: [email protected]
