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Labyrinth Online Terms of Use

Our Terms of Use and Privacy Policy are viewable at www.labyrinthonline.org/terms

Effective June 1, 2020

 

Thank you for using Labyrinth Online!

Labyrinth Online’s products and services are provided by Zambaleta, a US 501(c)3 nonprofit incorporated in California. These Terms of Use (“Terms”) govern your use of Labyrinth Online’s website, apps, API’s and other related services (“Services”). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with Labyrinth Online through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.

 

We may remove or edit inappropriate content or activity identified by or reported to us or suspend, disable, or terminate a user’s access to all or part of the Services.

 

You need an account for most activities on our platform, including to purchase and enroll in a course. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

 

You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Labyrinth Online will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us via email. We may request some information from you to confirm that you are indeed the owner of your account.

 

Students and instructors must be at least 18 years of age to create an account on Labyrinth Online and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If you are below this age of consent to use online services, you may not create a Labyrinth Online account. If we discover that you have created an account that violates these rules, we will terminate your account. 

 

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.
  • 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.
  • Harrasses 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.
  • Otherwise violates the Labyrinth Online Terms of Use. Please note that specific Content Offerings may have additional rules and requirements.

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.
  • Use our Services or any functionality of the Labyrinth Online platform for anything other than for completing online courses or for pedagogical purposes.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Encourage or help anyone do any of the things on this list.

 

Copyright & Trademark

 

Because our live classes are being recorded and may be offered online later in a Labyrinth Online Subscription Library, we respectfully request that you offer your consent to our recording and publication effort. Such consent is a condition for your enrollment in a Labyrinth Online Live Course.

 

STATEMENT OF OWNERSHIP:

Labyrinth Online retains rights to all course materials and classes that it presents or produces. Any

such course materials and videos are proprietary to Labyrinth Online and may not be republished or

distribute without the further express permission on Labyrinth Online.

 

Labyrinth Online respects the intellectual property rights of our Content Providers, 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:

  1. the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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);
  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Labyrinth Online to locate the material on the Services;
  4. the name, address, telephone number, and email address (if available) of the complaining party;
  5. 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
  6. 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:

  1. via mail: Copyright Agent, Labyrinth Online 3001 20th Street, San Francisco CA 94110
  2. via email: info@labyrinthonline.org

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.

 

Labyrinth Online 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 Labyrinth Online in 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 info@labyrinthonline.org, and 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.

 

 

Payments, Credits & Refunds

Please note that our policies differ between subscription payments and one-time payments made for live courses, and that payment options may vary from one Service to another. Please also note that we treat violations of our Terms of Use and Honor Code very seriously, and we have no obligation to offer refunds to users who violate these terms, even if their requests are made within the designated refund period.

 

When you make a payment, you agree to use a valid payment method. If you aren’t satisfied with your live group course, you have the right to request a refund or credit towards a course exchange of equal or lesser value from Labyrinth Online by contacting us via email prior to the beginning of the second class of your course. Course exchange credit expires after 365 days from date of credit. Live course payments become non-refundable after the beginning of your second class.

 

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.

 

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. Labyrinth Online works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. 

 

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.

 

Labyrinth Online and our partners may offer gift and promotional codes to students. Certain codes may be redeemed for prepaid credits applied to your Labyrinth Online account, which then may be used to purchase eligible courses on our platform, subject to the terms included with your codes. Other codes may be directly redeemable for specific courses.

 

These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your Labyrinth Online account. Gift and promotional codes offered by Labyrinth Online may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law. Gift and promotional codes offered by a partner are subject to that partner’s refund policies. If you have multiple saved credit amounts, Labyrinth Online may determine which of your credits to apply to your purchase.

 

 

Live Course Cancellation

In the case that a live group course doesn’t meet its minimum registration requirement, Labyrinth Online reserves the right to cancel course and refund registered students up to 24 hours prior to first class. 

 

Recorded Course Enrollment and Lifetime Access

When you enroll in a course, you get a license from Labyrinth Online to view the course and no other use. Transferring or reselling courses is prohibited.

As a student, when you enroll in a course, whether it’s a free or paid course, you are getting a license from Labyrinth Online to view the course via the Labyrinth Online platform and Services, and Labyrinth Online is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).

In legal, more complete terms, Labyrinth Online grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Labyrinth Online authorized representative. This also applies to content you can access via any of our APIs.

We generally give a lifetime access license to our students when they enroll in a live course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our Trust & Safety Guidelines. The lifetime access is not applicable to add-on features and services associated with a course. For example, translation captions of courses may be disabled by instructors at any time, and instructors may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the lifetime access is to the course content but not to the instructor.

Instructors may not grant licenses to their courses to students directly, and any such direct license shall be null and void and a violation of these Terms.

 

Using Labyrinth Online at Your Own Risk

Labyrinth Online does not review or edit recordings of its live courses for legal issues, and we are not in a position to determine the legality of course content. We do not not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. If you enroll in a course, you rely on any information provided by an instructor at your own risk.

 

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Labyrinth Online has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. This also applies to any issues relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of musical practice, and by enrolling in such courses you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your enrollment in a course.

 

When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform.

 

When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

 

Conduct and Sexual Harassment Policy

 

DISCIPLINARY ACTION

Labyrinth Online views harassment and retaliation to be among the most serious breaches of reasonable behavior. Consequently, appropriate disciplinary or corrective action, ranging from a warning to termination, can be expected.

 

CONDUCT & SEXUAL HARASSMENT POLICY

The most productive and satisfying creative work environment is one in which work is accomplished in a spirit of mutual trust and respect. Harassment is a form of discrimination that is offensive, impairs morale, undermines the integrity of relationships and causes serious harm to the productivity, efficiency and stability of our organization. All Instructors, staff, artists and students have a right to work in an environment free from discrimination and harassing conduct, including sexual harassment. Harassment on the basis of race, color, creed, ancestry, national origin, age, disability, sex, arrest or conviction record, marital status, sexual orientation, membership in the military reserve or use or nonuse of lawful products away from work is expressly prohibited under this policy. Harassment on any of these bases is also illegal in many places throughout the world.

 

DEFINITIONS

In general, harassment means persistent and unwelcome conduct or actions on any of the bases in bold above. Sexual harassment is one type of harassment and includes unwelcome sexual advances, unwelcome physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. Unwelcome verbal or physical conduct of a sexual nature includes, but is not limited to:

  • The repeated making of unsolicited, inappropriate gestures or comments;
  • The display of offensive sexually graphic materials not necessary for Labyrinth Online’s work;
  • Harassment on any basis (race, sex, age, disability, etc.) exists whenever:
    • Submission to harassing conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment;
    • Submission to or rejection of such conduct is used as the basis for an employment decision affecting an individual;

 

  • The conduct interferes with an employee’s or student’s participation in Labyrinth Online activities or creates an intimidating, hostile or offensive work environment.

 

 

RECOGNIZING HARASSMENT

Harassment may be subtle, manipulative and is not always evident. It does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome and is personally offensive. All forms of gender harassment are covered. Men can be sexually harassed; men can harass men; Women can harass other women. Offenders can be managers, supervisors, Instructors, and non-employees such as presenters or clients.

 

SOME EXAMPLES

Verbal:  Jokes, insults and innuendoes (based on race, sex, age, disability, etc.), degrading sexual remarks, referring to someone as a stud, hunk or babe; whistling; cat calls; comments on a person’s body or sex life, or pressures for sexual favors.

Non-Verbal:  Gestures, staring, touching, hugging, patting, blocking a person’s movement, standing too close, brushing against a person’s body, or display of sexually suggestive or degrading pictures, racist or other derogatory cartoons or drawings.

 

GRIEVANCE PROCEDURE

Any staff member, student, instructor, or volunteer who believes they are being harassed, or who becomes aware of harassment, should promptly notify Labyrinth Online staff. Upon notification of a harassment complaint, a confidential and impartial investigation will be promptly commenced and will include direct interviews with involved parties and where necessary with students or staff who may be witnesses or have knowledge of matters relating to the complaint. The parties of the complaint will be notified of the findings and their options.

 

NON-RETALIATION

This policy also expressly prohibits retaliation of any kind against anyone bringing a complaint or assisting in the investigation of a complaint. Such claimant may not be adversely affected in any manner related to their participation in the investigation.

 

ACKNOWLEDGEMENT

Thanks for taking the time to read this through. If you have any questions / concerns, please feel free to contact us. Please acknowledge that you have read and will act in conformance with this Agreement.

 

Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

 

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Labyrinth Online or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

 

Limitation of Liability

There are risks inherent to using our Services, for example, if you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

 

Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Labyrinth Online, our group companies, and their officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

 

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, USA without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of federal and state courts in San Francisco, California, USA.

 

Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to info@labyrinthonline.org).

 

Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

 

No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

 

Dispute Resolution

This Dispute Resolution section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our team. 

 

If there are disputes as to payments due under this agreement, such disputes shall be submitted to mediation in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If mediation is not successful in resolving the dispute, the matter shall be submitted to arbitration in accordance with the laws of the State of California.  Any party may elect to particulate in mediation or arbitration by tele-video. The arbitrator is authorized to award the prevailing party such sums as may be proper including reasonable attorney’s fees, costs, and the charges of the arbitrator.  The Arbitrator’s award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.

 

No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

 

Changes

Notwithstanding the “Updating these Terms” section below, if Labyrinth Online changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Labyrinth Online written notice of such rejection by mail or hand delivery to Zambaleta: 3001 20th Street, San Francisco, CA 94110, or by email from the email address associated with your Account to info@labyrinthonline.org, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Labyrinth Online in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.

 

Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Labyrinth Online reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

 

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.