Using Fret Dojo
Who May Use our Services
You may use our Services only if you can form a binding contract with Fret Dojo and only in compliance with these Terms and all applicable laws. When you create your Fret Dojo account and subsequently when you use certain features, you must provide us with accurate and complete information and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of thirteen (13) is prohibited and certain courses we offer may have additional requirements and/or restrictions.
Our License to You
Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and course-specific eligibility requirements and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain Fret Dojo’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information (Username and Password, etc.) for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
While we take pride in our products and courses, unexpected events do occur. Fret Dojo reserves the right to cancel, interrupt, or reschedule any course or to modify any course content. Courses offered by us are subject to the Disclaimers and Limitation of Liability sections below.
No Academic Credit
Unless otherwise explicitly indicated, participation in or completion of our courses does not confer any academic credit. Fret Dojo and its course instructors have no obligation to have a course recognized by any educational institution or accreditation organization.
Disclaimer of Student-University Relationship
Nothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any educational institution with which Fret Dojo may be affiliated; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the course.
The Services enable you to share your content, such as videos and documentation you submit, posts you make in our forums and the like (“User Content”), with Fret Dojo, instructors and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.
How Fret Dojo and Others May Use User Content
To the extent that you submit, post and provide User Content, you grant Fret Dojo a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use your User Content. This license includes granting Fret Dojo the right to authorize others to use your User Content with their registered students and students independent of the Services. Nothing in these Terms shall restrict other legal rights Fret Dojo may have to your User Content; for example under other licenses. We reserve the right to remove or modify any User Content for any reason, including User Content that we believe violates these Terms.
Fret Dojo welcomes your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Fret Dojo does not waive any rights to use similar or related Feedback previously known to Fret Dojo, developed by Fret Dojo or obtained from other sources.
Fret Dojo cares about the security of our users. While we work to protect the security of your account and related information, Fret Dojo cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing firstname.lastname@example.org.
Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Fret Dojo cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Fret Dojo disclaims any responsibility or liability related to your access or use of such third party content.
Copyright and Trademark Policy
Fret Dojo respects the intellectual property rights of our users and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Fret Dojo Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.
Fret Dojo offers paid Services for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors and Fret Dojo reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Fret Dojo may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. Fret Dojo, its instructors, its contributors, its sponsors, its business partners and each of their employees, contractors, and other agents (the “Fret Dojo Parties”) shall not have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE FRET DOJO PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE FRET DOJO PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FRET DOJO PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE FRET DOJO PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL FRET DOJO’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY FRET DOJO FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST MONTH, WHICHEVER IS GREATER.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify, defend, and hold harmless the Fret Dojo Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) your User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
The Services are managed by Fret Dojo which is located in Australia. You agree that any dispute related to these Terms will be governed by the laws of the Country of Australia, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the courts located in and serving New South Wales, Australia as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Services either you or Fret Dojo may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and Fret Dojo. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Revisions to the Terms
Fret Dojo reserves the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
Severability and Waiver
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
- Acceptable Use Policy
- Copyright and Trademark Infringement Policy
- Refund Policy
- Honor Code
- Cookies Policy
Effective as of 25 May, 2018
Fret Dojo’s mission is to provide universal access to the world’s best jazz guitar education. We believe strongly in preserving free speech and expression for our students as well as academic freedom for our business partners and instructors. We also want to make sure that all of our students and instructors feel safe and comfortable while using our Services. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and while otherwise using our Services.
Although we do not routinely screen or monitor content provided by our users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user’s access to all or part of the Services.
You are prohibited from using our Services to share content that:
- Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that there are students who are as young as thirteen (13) that use Fret Dojo. We do not allow content that is inappropriate for these younger students.
- Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
- Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
- Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
- Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
You also aren’t allowed to:
- Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
- Share your password, let anyone access your account, or do anything that might put your account at risk.
- Attempt to access any other user’s account.
- Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
- Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
- Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
- Try to reverse engineer any portion of our Services.
- Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
- Use our Services to distribute malware.
- Impersonate or misrepresent your affiliation with any person or entity.
- Encourage or help anyone do any of the things on this list.
Effective as of 25 May, 2018
Fret Dojo respects the intellectual property rights of our partner institutions, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Services infringe your copyright, the DCMA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
- The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
- Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow FretDojo to locate the material on the Services;
- The name, address, telephone number, and email address (if available) of the complaining party;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:
- Via mail: Copyright Agent, FretDojo GPO Box 1171, Sydney, NSW 2001 Australia
- Via email: email@example.com
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
Fret Dojo also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by Fret Dojo at its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at firstname.lastname@example.org. We will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.
Effective as of 25 May, 2018
For Month-to-Month Subscriptions
Fret Dojo does not offer refunds for payments made on a subscription plan. Your subscription will continue on a month-to-month basis unless and until you cancel your subscription or the subscription is suspended or discontinued by Fret Dojo. If you cancel your subscription, you will continue to have access to your subscription until the end of the month period and will not be billed for the next billing cycle.
To be clear, you must cancel your subscription before your monthly renewal date to avoid the next billing.
If you cancel your subscription, cancellation will be effective at the end of the current monthly period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.
For Course and Product Purchases
If you cancel your paid enrollment or paid pre-enrollment for a course, Fret Dojo will offer you a complete refund until thirty (30) days after you make payment. Except as described in this paragraph or as may explicitly be stated as part of the sign-up process for a course.
Fret Dojo has no further obligation to provide refunds to you for courses or products offered by Fret Dojo that you purchase.
Effective as of 25 May, 2018
All students participating in Fret Dojo courses and all members of the Fret Dojo Academy Club must agree to abide by the following code of conduct:
- I will register for only one account.
- My submissions will be my own work (except for assignments that explicitly permit collaboration).
- I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.
Effective as of 25 May, 2018