Technique & Artistry Terms of Use
Technique & Artistry provides a personalized subscription service that allows members to access piano pedagogy videos, images, and musical scores (“Technique & Artistry content”) streamed over the Internet to certain Internet-connected computers and other devices (“Technique & Artistry ready devices”).
By becoming a Technique & Artistry member, you have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
As used in these Terms of Use, “Technique & Artistry service”, “our service” or “the service” means the personalized service provided by Dovetree Productions, Inc., d/b/a Faber Piano Adventures, Inc. (“Dovetree”) for watching Technique & Artistry content, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our service.
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Membership
- Your Technique & Artistry membership will continue month-to-month or year-to-year, depending on your billing choice, and automatically renew until terminated. To use the Technique & Artistry service you must have Internet access and a Technique & Artistry ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method (see “Cancellation” below).
- StudentLink™ membership. If your membership includes the StudentLink™ feature, you can invite Students to the Technique & Artistry service and choose to either pay for the cost of the Student account (“Studio Pay”) or ask the Student to charged (“Student Pay”). Students invited with StudentLink™ are bound to these same terms of use and any exceptions are outlined in the “Technique & Artistry Service” section.
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Free Trials
- Your Technique & Artistry membership will start with a free trial. The free trial period of your membership lasts for 15 days, or as otherwise specified during sign-up and is intended to allow new and certain former members to try the service.
- Members invited to the Technique & Artistry through the StudentLink™ feature are not eligible for a free trial.
- All Technique & Artistry membership trials beginning before August 1st, 2018 will enjoy extended trial access until August 15th.
- Free trial eligibility is determined by Dovetree at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Technique & Artistry membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Technique & Artistry membership to determine eligibility. For combinations with other offers, restrictions may apply.
- We will charge your Payment Method for your monthly or annual membership fee, depending on your billing choice, at the end of the free trial period and your membership will automatically renew monthly or annually unless you cancel your membership prior to the end of the free trial period.
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Billing and Cancellation
- Billing Cycle. The membership fee for the Technique & Artistry service will be charged on a monthly or annual basis, depending on your billing choice, to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Additional members invited by you to the Technique & Artistry service with the Studio Pay option of StudentLink™ will be charged monthly or annually, depending on your billing choice, to your Payment Method. The StudentLink™ charges may have different charge dates based on when additional members accepted their invitation.
- Payment Method. To use the Technique & Artistry service you must provide a Payment Method. We may also update your Payment Method using information provided by you through customer support contact. Following any update, you authorize us to continue to charge the applicable Payment Method. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
- Cancellation. You can cancel your Technique & Artistry membership at any time, and you will continue to have access to the Technique & Artistry service through the end of your monthly or annual billing period. Additional members invited by you to the Technique & Artistry service with the Studio Pay option of StudentLink™ will also have access to the Technique & Artistry service through the end your monthly or annual billing period that applies to them. We do not provide refunds or credits for any partial-month or partial-year membership periods or unwatched Technique & Artistry content. To cancel, send a request to support@faberpiano.com from the account holder’s email address. If you cancel your membership, your account will automatically close at the end of your current billing period.
- Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.
- No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“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.
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Technique & Artistry Service
- You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Technique & Artistry service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.
- The Technique & Artistry service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Technique & Artistry membership, we grant you a limited, non-exclusive, non-transferable right to access the Technique & Artistry service and view Technique & Artistry content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
- The Technique & Artistry service, including the content libraries, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of Technique & Artistry content.
- You agree to use the Technique & Artistry service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Technique & Artistry service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Technique & Artistry service; use any robot, spider, scraper or other automated means to access the Technique & Artistry service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Technique & Artistry service; insert any code or product or manipulate the content of the Technique & Artistry service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Technique & Artistry service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
- The quality of the display of the Technique & Artistry content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Technique & Artistry makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Technique & Artistry content show will vary based on a number of factors, including your location, available bandwidth at the time, the Technique & Artistry content you have selected and the configuration of your Technique & Artistry ready device.
- Technique & Artistry software may solely be used for authorized streaming and viewing of content from Technique & Artistry through Technique & Artistry ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Technique & Artistry and related third-party software. If you do not accept the foregoing terms, do not use our service.
- StudentLink™ Studio Pay Membership. If you are invited to the Technique & Artistry service as a Student with a Studio Pay option, you are not required to provide a Payment Method. You may still cancel your account at any time. Student memberships are not subject to free trials. If your inviter removes you as a Student or cancels their account you will still be able to access the Technique & Artistry service until their billing period is expired. After your inviter’s billing period expires you can be invited by another member to connect with, or you can upgrade to another membership option to continue using the service.
- StudentLink™ Student Pay Membership. If you were invited to the Technique & Artistry service as a Student with a Student Pay option, you are required to provide a Payment Method. Student memberships are not subject to free trials. If your inviter removes you as a Student you will still be able to access the Technique & Artistry service until your billing period expires. After your billing period is expired you will receive no more charges as a Student and can be invited to connect with another member, or you can upgrade to another membership option to continue using the service.
- Passwords and Account Access. The member who created the Technique & Artistry account and whose Payment Method is charged (the “Account Owner”) has access and control over the Technique & Artistry account and the Technique & Artistry ready devices that are used to access our service and is responsible for any activity that occurs through the Technique & Artistry account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Technique & Artistry ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Technique & Artistry or our partners from identity theft or other fraudulent activity. Technique & Artistry is not obligated to credit or discount a membership for holds placed on the account by either a representative of Technique & Artistry or by the automated processes of Technique & Artistry.
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Disclaimers of Warranties and Limitations on Liability
- THE TECHNIQUE & ARTISTRY SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE TECHNIQUE & ARTISTRY SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DOVETREE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TECHNIQUE & ARTISTRY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. DOVETREE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, TECHNIQUE & ARTISTRY READY DEVICES, AND TECHNIQUE & ARTISTRY SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL DOVETREE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
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Miscellaneous
- Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Michigan, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
- Unsolicited Materials. Dovetree does not accept unsolicited materials or ideas for Technique & Artistry content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Dovetree. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Dovetree and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- Feedback. Dovetree is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Technique & Artistry service, including the Technique & Artistry website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Technique & Artistry service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
- Customer Support. To find more information about our service and its features, or if you need assistance with your account, please email support@faberpiano.com.
- Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
- Changes to Terms of Use and Assignment. Dovetree may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Technique & Artistry service.
- Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Last updated: 25 July 2018