Juilliard Open Studios is a downloadable application provided to you by The Juilliard School, a New York 501(c)(3) registered non-profit corporation located at 60 Lincoln Center Plaza, New York, NY 10023, USA (“Juilliard,” or “we,” “us,” “our” or other similar pronoun)). The application is available for use via the following platforms: Apple iPhone, Apple iPod touch and Apple iPad (the “App”).
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
The App is made available through Apple’s App Store for a one-time fee. You must have an Apple iTunes account in order to purchase the App. Your purchase will provide you with access to all Episodes (each content segment to be made available through the App is referred to as an Episode) that have been released through the App and made available in your area. The one-time fee for downloading the App content can be found on the App’s home page in the App Store. The fee will be charged to your iTunes Account.
We reserve the right to make changes to, suspend or discontinue (temporarily or permanently), the App or any App Episode at any time. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
We will not be liable to you in contract, tort or otherwise for any content that you view within the App or in the event that you cannot view any content, irrespective of the reason. If you encounter any problems with access to the content or otherwise have issues with the App, please contact email@example.com for user support. All requests for refunds must be processed by Apple, either through the app purchase receipt, through the Apple “report a problem” web page, or through iTunes. More detailed information on returns can be found at http://www.imore.com/how-to-get-refund-itunes-app-store.
THE APP AND ITS CONTENT ARE PROVIDED SOLELY FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JUILLIARD, ITS OFFICERS, TRUSTEES, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APP AND ANY APP CONTENT. WE PROVIDE THIS APP ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
THE APP WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS;
THE INFORMATION ON THE APP WILL BE ACCURATE OR UP-TO-DATE;
THIRD PARTY DISTRIBUTORS OF THE APP WILL ALLOW US TO CONTINUE TO SUPPORT THE APP; OR
ANY DEFECTS IN THE APP WILL BE CORRECTED.
You agree that use of the App is at your own risk. We reserve the right to change or make corrections to any of the information in any Episode of the App at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available in the App content, nor will we be liable for any inaccuracy or omission concerning any of the information provided in the App content. No advice, results or information, whether oral or written, obtained by you from us shall create any warranty not expressly made herein. We hereby disclaim, and you hereby waive, any and all representations and warranties made in product or services literature, frequently asked questions documents, support documentation, by our customer service and support agents, and otherwise in correspondence with us or our agents.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE APP OR THE MATERIALS AND FUNCTIONS PROVIDED ON OR THROUGH THE APP WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR REPRESENTATIVES ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE APP, WILL NOT EXCEED TWENTY U.S. DOLLARS ($20). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR REPRESENTATIVES, IS LIMITED TO THE FULLEST EXTENTPERMITTED BY SUCH STATE LAW.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the fullest extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
The following provisions will survive any expiration or termination of this Agreement: “Intellectual Property,” “Applicable Law,” “Disclaimer of Warranties,” “Limitations of Liability,” “Binding Arbitration,” “Class Action Waiver,” and “Other.”
For further terms relating to your App purchase, please see the Ts&Cs.
For terms relating to the license that you are granted in downloading the App, please see the EULA.
Effective Date: March 2017
Apple, the Apple logo, iPhone, iPad, and iPod are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.