Terms of Service
Last updated: May 25, 2018
Please read these Terms of Service (“Terms”) carefully before using Hoffmanacademy.com (“the Site”). The Terms apply to all users (“You”) that access the Site or avail themselves of our services and information.
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site.
Description of Website and Service
Hoffman Academy provides online music education to its users through a curriculum of video lessons, printable materials, downloadable audio files, and interactive games. The site also provides a forum for users to share their experience through comments on each of the lessons.
All free accounts include access to video lessons and provide lesson tracking to remember the last lesson each student has completed. Free accounts have access to some limited access to downloadable content to support the learning experience. To comply with the Children’s Online Privacy Protection Act (COPPA) regulations, we require that every account owner be at least 13 years old.
In addition to all features of a Free Account, Premium memberships include lesson materials, sheet music, audio tracks, and interactive games. Membership is a subscription-based service and only provides access to the additional features for a predetermined amount of time. After a subscription has ended, access to the lesson materials, sheet music, audio tracks, and interactive games is no longer provided.
For those not interested in a subscription-based offering, we provide the lesson materials and audio tracks as separate purchases. Lesson materials may not be copied for more than the licensed student(s). We offer three licenses to give you the best option for your circumstances:
- Single License: Materials may be downloaded, printed, and copied only for the use of one student. No file sharing with other students is permitted.
- Family License: Materials may be downloaded, printed, and copied for the use of up to four students in one household. No file sharing beyond the use of the licensed students is permitted.
- Lifetime Teacher’s License: Materials may be downloaded, printed, and copied for the use of up to 40 students per year under one teacher or studio. Files may be shared with the families of licensed students for the use of their student only. No file sharing beyond the use of the licensed students is permitted.
Lesson materials available through our Premium Membership are non-transferrable and may only be used by the student for which the membership was purchased, unless otherwise noted.
Modification and Discontinuation
Hoffman Academy reserves the right at any time to modify, remove, alter, edit, delete, suspend or discontinue, temporarily or permanently any Site content, programs, classes or any other aspects of the Site (or any portion thereof) with, or without, notice. Users agree that Hoffman Academy will not be liable to any user for any such modifications, editing, deletions, suspensions or discontinuances of any content or services provided on or through the Site.
All contents of this Site, including without limitation, any and all sheet music, resource materials, music tracks, video lessons, text, software, scripts, graphics, images, illustrations, photos, sounds, music, videos, interactive features and the like, and all trademarks, service marks, trade names and logos contained therein, are exclusively owned by Hoffman Academy, subject to copyright, trademark, and other intellectual property rights under the laws of the United States. All rights are expressly reserved. Except as specifically provided herein or elsewhere on this Site, no Site content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Hoffman Academy’s prior express written permission. Please contact us if you are interested in using or licensing any of our protected content outside of the permissible, limited usage rights provided to our users. Any violation of Hoffman Academy’s intellectual property rights will be subject to formal legal action against all infringers.
You may change your own name, email address, avatar or password by clicking “Settings” in your account dashboard. To edit these details for another student on the account, click “Students” in your account dashboard and click on the student. Birthdays should not be changed because student profiles should not be shared or handed off to another student.
At any time, you may turn off auto-renewal of your Premium membership. To do so, follow these instructions:
- Log in to your Hoffman Academy account and select “Manage Account.”
- On the Students page, click on the Manage Premium button above the student avatars.
- Click the red “Cancel Premium Membership” link at the bottom of the Manage Premium page and follow the instructions to complete the cancellation process.
Doing this will cancel your subscription and prevent you from automatically being charged for renewal. You may use your Premium membership through the period of time that you have already paid for. No refunds shall be made for any user failure to timely deactivate their account or modify their status.
We offer a 30-day satisfaction guarantee on our products and Premium memberships. If within that time you decide that our program isn’t right for you, please first follow instructions for cancellation and then contact us for a full refund at email@example.com. When a refund is issued, Premium access will expire immediately.
Here are some things you should know about switching from Premium to Basic membership:
- By switching from Premium to Basic, your Premium membership will not auto-renew, and you will not be charged at the end of your current payment period.
- Your access to Premium content will continue until your next payment would have been due.
- Because you will continue to enjoy access to Premium content until the end of your current payment period, there will not be a refund.
- When you switch from Premium to Basic membership, your student profiles, progress, and points earned will be saved and will be ready to access again if you choose to renew Premium membership.
You must be 13 years of age or older to comment on the Site. We reserve the right to remove any and all comments that are not respectful or suitable for all users of the Site. Comments should not contain personally identifying information. By commenting on our site, you agree that parts or all of your comment could or may be used for promotional testimonial purposes.
Third Party Websites, Links, and Information
The Site may contain information, products, and services provided by third parties and links (including advertisements) to websites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Site. Hoffman Academy does not control this information or these products, services, or websites, Hoffman Academy does not make any representations or warranties, express or implied, regarding this information or these products, services, or websites, and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in conjunction with the Site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Hoffman Academy with respect to any third party, any third party’s website or its content, or any information, products, or services provided by a third party.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS OR OTHER DEFECTS, WITHOUT ANY WARRANTY OF ANY KIND, AND HOFFMAN ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO QUALITY, PERFORMANCE, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THIS SITE UNDER THIS AGREEMENT IS SOLELY AT YOUR OWN RISK. HOFFMAN ACADEMY DOES NOT WARRANT THAT THE SITE, OR ANY OF ITS CONTENTS, WILL MEET YOUR REQUIREMENTS OR THAT HOFFMAN ACADEMY’S OPERATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR VIRUS-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY IN ALL CASES.
Limitation of Liability
Exclusions and Limitations
Any users who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local, national, or foreign laws. Certain jurisdictions may not allow the exclusion of certain warranties or the limitations or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to all users, however, all other provisions of these Terms of Service remain in full force and effect. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement.
Governing Law and Arbitration
The laws of the State of Oregon of the United States of America will govern your use of this Site, without reference to its conflicts of law principles. Any action, proceeding, controversy or claim between you and Hoffman Academy arising out of or relating to our Policies, or your use of the Site, shall be brought in the United States District Court for the State of Oregon or, if federal jurisdiction is not available, in the Court of Multnomah County, Oregon, and each party hereby submits to the personal jurisdiction of such courts with respect to such actions. If any provision of our Policies is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. The failure of any party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Removal from Database Removal from Mailing List
You may unsubscribe from our email communications by using the link at the bottom of any of our emails. If you wish to delete your account, contact us at firstname.lastname@example.org and we will be happy to help you.
For more answers to other questions please refer to our FAQ page.