Juilliard Open Studios Terms of Use

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”).

These terms of use (the “Terms of Use”) and the Juilliard Open Studios Privacy Policy, govern your use of the App. Your use of the App is also conditioned on your agreement to the Apple Licensed Application End User License Agreement (the “EULA”) and the Apple Terms and Conditions (the “Ts&Cs”). If you do not agree to any of these terms, you may not download or use the App.

Please read these Terms of Use carefully before downloading and using the App. By downloading and using the App, you accept and agree to be bound by these Terms of Use. You represent that that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract. The App is not intended for use by anyone under the age of thirteen (13).

We may change these Terms of Use from time to time, at our discretion and without notice to you, by posting such changes on this page. Changes will be effective immediately upon posting, and your continued use of the App after such a change has been made available constitutes an acceptance of such change. Please check these Terms of Use periodically for updates.

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.

Purchasing the App and Obtaining Content

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.

Changes to the App; User Support; Refunds

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 support@juilliardopenstudios.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.

Intellectual Property

All intellectual property rights in the Episodes that are made available to you through the App are owned by us or our students, licensors, developers or partners. These rights are protected under both United States and foreign laws. You may use these Episodes only for your own personal, non-commercial purposes, and only through the App. Unauthorized use of the App content may violate copyright, trademark, and other laws. You have no rights in or to the App content, and you may not use the App except as permitted under these Terms of Use. You may not modify, copy, license, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any Episodes or any portions thereof made available through the App.

Indemnification

You agree to indemnify, defend and hold us and our affiliates, and our respective representatives, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from your use or misuse of the App, any violation of these Terms of Use or applicable law, or breach of any of the representations and warranties made by you herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the App.

Applicable Law; Jurisdiction; No Waiver

These Terms of Use, and the relationship between you and us, will be governed by and construed under the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

Disclaimer of Warranties

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.

Limitations of Liability

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.

Binding Arbitration

In the event of a dispute arising under or relating to these Terms of Use or the Privacy Policy (a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA.  The United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only a New York State court sitting in the Borough of Manhattan, City of New York may enforce the arbitrator’s award.

Class Action Waiver

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.

Additional Terms

In addition to all other terms contained in these Terms of Use, the following terms also apply.

Other

These Terms of Use, together with the Privacy Policy, and any additional terms and conditions for the App that are available for review before downloading the App, constitute the entire agreement between us and you with respect to the App. This agreement is personal to you, and you may not assign it to anyone.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

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.