Terms & Conditions

The following terms of use (the “Terms of Use”) govern your use of all websites and mobile applications from which these Terms of Use are accessible. Each such website and mobile application shall be referred to herein individually as a “Website” and they shall be collectively referred to as the “Websites.” The Websites are made available to you by The Juilliard School (referred to herein as “Juilliard” or “we” or “our” or “us”).

You represent 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 Websites are not intended for use by anyone under the age of 13.

Please read these Terms of Use carefully before using this Website. By using this Website in any manner (whether in an automated fashion (including, without limitation, through a software tool, spider, bot, or agent) or otherwise), your actions constitute an act of acceptance of, and agreement to be bound by, these Terms of Use. Your access to and use of this Website are also governed by the Juilliard Open Classroom Privacy Policy (the “Privacy Policy) available at http://open.juilliard.edu/courses/privacy, and the Juilliard Open Classroom Honor Code & Code of Conduct (the “Open Classroom Code”), which are hereby incorporated by reference. If you do not agree to these Terms of Use, you may not access or otherwise use this Website. Any capitalized terms not defined herein will have the meaning set forth in either the Privacy Policy or the Open Classroom Code.

We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Websites. Your continued use of a Website after such a change has been made available through the Website constitutes an act of acceptance of such a change.

Please note that the Website, or certain features that may be available through the Website, are hosted and operated by third parties. Your use of such features is subject to terms and policies made available by that provider at the time you use that feature. Please review those terms carefully. Juilliard is not responsible for the acts or omissions of any third party.

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.

Description and Use of Our Website

We provide Visitors and Registered Users with access to the Website as described below.

Visitors
Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) subscribe to Juilliard Open Classroom communications, alerts and other notifications; and (iii) e-mail us.

Registered Users
Registered Users can do all the things that Visitors can do, and: (i) access non-public features/functionality available only to Registered Users; (ii) create, access, manage, and update their own personal accounts on the Website; and (iii) post videos, audio clips, images, photographs, text, comments, and other content on the Website and/or interact with other Registered Users of the Website (all content and information provided by you in connection with your use of the Website is collectively referred to herein as “Registered User Content”). Juilliard is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Juilliard may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

Courses and Statements of Accomplishment

Through the Website, Juilliard offers a variety of interactive online courses (each, a “Course”). Registered Users may sign up to take a Course through the Website. Some Courses are provided free of charge, while others are offered for a fee (a “Course Fee”).

Statements of Accomplishment
Certain Courses may offer a statement of accomplishment to students who successfully complete the Course (a “Statement of Accomplishment”). The requirements for successful completion of a Course and receipt of a Statement of Accomplishment, if offered for a particular Course, are outlined below. Additional requirements may apply and are determined on a course-by-course basis.

If you enroll for a Course that offers a Statement of Accomplishment, you may receive a Statement of Accomplishment upon successful completion of the following within the limited, specified enrollment period and specified duration of the Course:<ul><li>Demonstrate comprehension of learning objectives for each module through weekly assignments and discussions;</li><li>Complete weekly assignments (e.g. your written work, audio recordings, discussion forum submissions, quizzes, video recordings) as detailed in the course curriculum and syllabus within the Course timeline described in the Course description web page and syllabus;</li></ul>

No Other Enrollment
COURSES OFFERED THROUGH THE WEBSITE ARE NOT CREDIT BEARING HIGHER EDUCATION COURSES AND WILL NOT COUNT TOWARDS ANY DEGREE CONFERRING PROGRAM.

WHEN YOU TAKE A COURSE THROUGH JUILLIARD OPEN CLASSROOM, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU WILL NOT BE AN APPLICANT FOR ADMISSION TO, OR ENROLLED IN, ANY JUILLIARD DEGREE PROGRAM AS A RESULT OF REGISTERING FOR OR COMPLETING A COURSE. NO COURSES OFFERED THROUGH THE WEBSITE ARE PART OF ANY MATRICULATED PROGRAM. WE DO NOT OFFER SCHOLARSHIPS, FEDERAL, OR STATE FUNDING FOR COURSES. NONE OF THE RESOURCES,

PRIVILEGES OR BENEFITS PROVIDED TO STUDENTS ENROLLED IN DEGREE PROGRAMS AT JUILLIARD WILL BE AVAILABLE TO YOU EXCEPT AS EXPRESSLY DESCRIBED IN THE COURSE DESCRIPTION.

Title IX and Sex-Based Discrimination
The Juilliard School and Juilliard Open Classroom are committed to maintaining a safe and healthy educational and work environment in which no member of the community is subjected to sexual misconduct, which includes sexual harassment, sexual assault, stalking and other forms of unlawful discrimination. All members of the Juilliard Open Classroom community are required to comply with Juilliard’s Sexual Misconduct & Adjudication Policy and the Terms of Use. The Sexual Misconduct & Adjudication Policy can be read in full here. If you need to report a violation of the Policy, or have any questions or concerns please contact Juilliard’s Title IX Coordinator Kate M. Satin. She can be reached at titleix@juilliard.edu and/or ksatin@juilliard.edu.

Communications between Registered Users
If you are a Registered User participating in a Course, the Website will allow you to communicate through the Website with other Registered Users in connection with that Course. All such communications must be in accordance with these Terms of Use and the Open Classroom Code. Juilliard strongly recommends that you do not communicate with other users outside of the Website, or provide any personal information to other users of the Website beyond what is contained in your profile. You are solely responsible, and Juilliard shall have no liability, for any communications, meetings, or other contact in which you participate with Website users outside of the Website, whether in virtual or physical settings.

Intellectual Property

Juilliard ContentThe Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, course information and other material provided by or on behalf of Juilliard (collectively referred to as the “Juilliard Content”). The Juilliard Content may be owned by us or third parties. For avoidance of doubt, Juilliard Content does not include your Registered User Content, but does include the Registered User Content of other Registered Users. The Juilliard Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Juilliard Content, and you will not use the Juilliard Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Juilliard Content on any copy you make of the Juilliard Content. You may not sell, transfer, assign, license, sublicense, or modify the Juilliard Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Juilliard Content in any way for any public or commercial purpose. The use or posting of the Juilliard Content on any other website or in a networked computer environment for any purpose is expressly prohibited. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.

Registered User Content
As noted above, the Website provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you post or upload your Registered User Content, it will be accessible by others, and that there is no confidentiality or privacy obligation with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. By uploading any Registered User Content to the Website, you warrant and covenant that such Registered User Content shall comply with all applicable laws, rules, and regulations.

YOU, AND NOT JUILLIARD, ARE ENTIRELY RESPONSIBLE FOR ALL REGISTERED USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, irrevocable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your account information, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Website, Juilliard, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Juilliard that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant to Juilliard the license to the Registered User Content as set forth above, and that the Registered User Content and its use by Juilliard and its content partners as permitted by these Terms of Use does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Open Classroom Code.

Responsibility for Registered User Content</br> We do not control the Registered User Content that you or others may post or otherwise make available on or through this Website, and you understand that we have no obligation to monitor any such content or material or to edit or delete it. However, we reserve the right do so. We are not a publisher of Registered User Content, and we are not responsible for its accuracy or legality.

From time to time, our officers, faculty, trustees, employees, consultants, agents or representatives (collectively, “Representatives”) may take certain actions with respect to Registered User Content available on or through this Website, or otherwise may implement enforcement measures with respect to potential violations of these Terms of Use. You expressly agree that neither we nor any of our Representatives shall be liable to you or anyone else for any action or inaction to regulate Registered User Content, or to implement enforcement measures with respect to potential violations of these Terms of Use. Except to the extent provided in writing by the General Counsel of Juilliard, you agree not to rely on the commitments, promises or representations of any Representatives with respect to any Registered User Content appearing on or through this Website, and you agree that any such commitment, promise or representation will not be understood to be a contractual or otherwise binding obligation of Juilliard.

Trademarks
The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on this Website or on content or materials available on or through this Website are the registered and unregistered Trademarks of Juilliard, its affiliates, or third parties and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or in a manner that is likely to cause customer confusion. All Trademarks not owned by us that appear on this Website or on or through any of this Website’s services, if any, are the property of their respective owners. Nothing about this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the third party that may own the applicable Trademark. If you have questions about the legal use of the Trademarks owned by Juilliard, please contact us at support@juilliardopenclassroom.com.

Site Registration and Log In

To access certain features or areas that may be available on this Website only to Registered Users, you may be required create an account and provide personal and/or demographic information as part of registration or log-in process. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information. Each account may only be used by one Registered User, and each Registered User may only create one account.

Your profile and Registered User content will be accessible by other uses in the Courses for which you register, as well as by the instructors and Course fellows for each Course. You understand, acknowledge and agree that the information on your account profile and your Registered User Content will not be confidential or private and that you will provide such information and content accordingly.

You are responsible for all activity occurring when a Website is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password and log out of your account at the end of each session. We are not liable for any loss or damage arising from your failure to protect your password or account information. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

Payments and Refunds

Payments
If you choose to register for a Course that has a Course Fee, or otherwise purchase products or services on the Website that carries a fee, you agree that Juilliard or our third-party payment processor may immediately authorize your credit card (or other approved facility) for payment for each of your purchases, including all applicable taxes. You warrant and represent that you are the valid owner or an authorized user of the credit card (or other approved facility) you provide to Juilliard or our third-party payment processor, and that all related billing information that you provide is current, complete, and accurate. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this Agreement.

Once your payment transaction through a third party payment processor for Course Fees or other fees is completed, you will receive a confirmation email with your name, order number and the payment amount. Please retain this email for your records as this information will be required if you seek a refund from Juilliard, as described below.

Refunds
During the first two weeks of each Course, Juilliard will make a determination about whether to grant a refund for any amounts paid by a student who requests a refund. Please contact us at support@juilliardopenclassroom.com if you would like to request a refund. No refunds will be given more than two weeks after a Course commences.

Electronic Communications

Subject to any elections you make pursuant to our Privacy Policy you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

Copyright Infringement Notices

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this Website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Tunde Giwa, The Juilliard School, 60 Lincoln Center Plaza New York, NY 10023, phone: (212) 799-5000 ext. 357, fax: (646) 505-4122 or by email to copyright@juilliard.edu. Please include the following information in your written notice:

  1. a detailed description of the copyrighted work that is allegedly infringed upon;
  2. a description of the location of the allegedly infringing material on this Website;
  3. your contact information, including your address, telephone number, and, if available, email address;
  4. a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and
  6. an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Website.

We have a policy of terminating the Website usage privileges of users who are repeat infringers of intellectual property rights.

Changes to This Website; Support for Mobile Applications

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this Website or any portion of this Website. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance. In addition, to the extent we rely on third parties to distribute any Websites which are mobile applications, we have no way of assuring that such third party will continue to distribute such mobile application, or allow Juilliard to continue to update, maintain and enhance such mobile application.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, this Website, or to any features or portions of the Website, and to remove and discard any content or materials you have submitted to any Websites, at any time and for any reason, including for any violation by you of these Terms of Use. In addition, we have a policy of terminating the Website usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of any Website, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Linking Policies

This Website may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such websites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such websites. When you visit a linked website you should read the terms of use and privacy policy that govern that particular linked website. If you purchase a product or service from a third party after following an ad or link on the Website, the terms of sale for your purchase are between you and the third party from whom you made the purchase and we are not responsible for such third party products or services.

You are permitted to link to this Website if: (i) this Website opens in a new browser window which displays the full version of a page of this Website (e.g., not merely one of its frames, and not an “in-line” link to a particular image or object on this Website), (ii) the link to this does not state or imply any sponsorship of your website or service by us or by this Website; (iii) this Website is not display framed within or obfuscated by other content; and (iv) the link is for a non-commercial purpose. Except as expressly set forth herein, you may not use on your website any Trademarks or copyrighted materials appearing on this Website, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this Website upon notice. If you receive such a notice from us, you agree to discontinue your link to the Website.

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 misuse of this Website, your submissions to this Website, your Registered User Content, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Website via your account. 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 this Website.

Jurisdictional Issues

We control and operate this Website from our facilities in the United States of America. We do not represent that materials on this Website are appropriate or available for use in other locations. If you choose to access this Website from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Applicable Law; Jurisdiction; No Waiver; Severability

These Terms of Use, and the relationship between you and us, will be governed by 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. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to ntentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.

Disclaimer of Warranties

THIS WEBSITE AND ITS CONTENT AND SERVICES ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. WE PROVIDE THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” 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 WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,

THE WEBSITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,

THE INFORMATION ON THE WEBSITE WILL BE ACCURATE OR UP-TO-DATE,

THIRD PARTY DISTRIBUTORS OF ANY WEBSITE THAT IS A MOBILE APPLICATION WILL ALLOW US TO CONTINUE TO SUPPORT THE APPLICATION,

THE WEBSITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,

INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THIS WEBSITE WILL REMAIN RETREIVABLE AND UNCORRUPTED, OR

THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE ARE PROVIDED “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.

You agree that use of this Website is at your own risk. We reserve the right to change or make corrections to any of the information at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available on this Website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Website. No advice, results or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein. We hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents, support documentation, by our customer service and support agents, and otherwise on this Website or in correspondence with us or our agents. We are not responsible for any content or materials posted to this Website by users, or for disputes between users, or between users and third parties.

Limitations of Liability

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR REPRESENTATIVES (AS DEFINED HEREIN), 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, THIS OR ANY OTHER WEBSITE (AS DEFINED HEREIN) (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED ON OR THROUGH SUCH WEBSITES), WHETHER IN AN ACTION OF 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 (AS DEFINED HEREIN), ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF A WEBSITE, WILL NOT EXCEED THE GREATER OF THE AMOUNT OF COURSE FEES YOU PAID TO JUILLIARD IN CONNECTION WITH THE COURSE GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100). 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 EXTENT PERMITTED BY SUCH STATE LAW.

Binding Arbitration

In the event of a dispute arising under or relating to these Terms of Use, the Privacy Policy, the Open Classroom Code, or any other agreement between you and Juilliard in connection with this Website, or relating to our products, the Website, the Courses or the related services, (each, 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 in a New York State court sitting in the Borough of Manhattan, City of New York may enforce the arbitrator’s award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the Borough of Manhattan, City of New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full 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.

Downloading the Website from the App Store

The following terms apply when you download the Website as a mobile application from Apple’s App Store. These terms are in addition to all other terms contained in the Terms of Use. 

Other

These Terms of Use, together with our Juilliard Open Classroom Privacy Policy, the Juilliard Open Classroom Honor Code & Code of Conduct, and any additional terms and conditions that may apply to this Website, (or, if the Website is a mobile application, any terms that appear on the “download pages” for the application that are available for review before downloading the application) constitute the entire agreement between us and you with respect to this Website. 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,” “Responsibility for Registered User Content,” “Electronic Communications,” “Indemnification,” “Applicable Law; Jurisdiction; No Waiver; Severability,” “Disclaimer of Warranties,” “Limitations of Liability,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “Other.”

Honor Code & Code of Conduct

Juilliard is dedicated to maintaining a positive learning environment through its Open Classroom courses. This Juilliard Open Classroom Honor Code & Code of Conduct (the “Open Classroom Code”) describes the types of behaviors we expect from our Open Classroom students, as well as those behaviors that are not acceptable on this Website. Please read the Open Classroom Code fully and carefully. They are incorporated into and made part of the Juilliard Open Classroom Terms of Use, and your failure toadhere the Open Classroom Code will result in Juilliard taking appropriate action in accordance with this Open Classroom Code, the Terms of Use, and as we otherwise deem appropriate in our sole discretion. Any capitalized terms not defined herein will have the meaning set forth in either the Terms of Use or the Privacy Policy. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Websites. Your continued use of a Website after such a change has been made available through the Website constitutes an act of acceptance of such a change.

Rules of Conduct on and through the Website

Our Open Classroom community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Website, you agree to comply with the following community guidelines.

Title IX and Sex-Based Discrimination

The Juilliard School and Juilliard Open Classroom are committed to maintaining a safe and healthy educational and work environment in which no member of the community is subjected to sexual misconduct, which includes sexual harassment, sexual assault, stalking and other forms of unlawful discrimination. All members of the Juilliard Open Classroom community are required to comply with Juilliard’s Sexual Misconduct & Adjudication Policy and the Terms of Use. The Sexual Misconduct & Adjudication Policy can be read in full here. If you need to report a violation of the Policy, or have any questions or concerns please contact Juilliard’s Title IX Coordinator Kate M. Satin. She can be reached at titleix@juilliard.edu and/or ksatin@juilliard.edu.

Registered User Content

You agree that you will not post or otherwise make available any content or materials on or through this Website that: (i) infringes any third party intellectual property right; (ii) is false, misleading or defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); (iii) constitutes another person’s or entity’s confidential or private information or trade secret; (iv) is fraudulent, unlawful, threatening, harassing, abusive, hateful, intimidating, degrading, profane, obscene, indecent, or discriminatory; (v) encourages or constitutes criminal conduct; (vi) advertises or solicits business for products or services; or (vii) contains any virus, malware, spyware or other harmful or invasive content or code.

Website Content

We or our students, licensors, developers or partners own the intellectual property rights in the content and materials, including, without limitation, all photographic and video content, displayed on, or available through, this Website. You may use this Website (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any content or material from this Website unless explicitly authorized in these Terms of Use or by an express permission included in the applicable portion of the Website on which such content or material is found.

Technology

You agree that you will not, directly or indirectly: (i) “harvest” (or collect) information from this Website using an automated software tool or manually on a mass basis; (ii) use automated means to access this Website (except in the operation of a general purpose search engine accessible to the public without the payment of any fee); (iii) gain unauthorized access to this Website or to any account or computer system connected to this Website; (iv) download, store or transmit copies of streamed content from this Website; (v) attempt to obtain access to areas of this Website or our systems that are not intended for access by you; (vi) intentionally overburden, disrupt or harm this Website or its systems; (vii) circumvent the security of this Website or our systems; (viii) misrepresent or attempt to misrepresent your identity while using this Website, or (ix) restrict or inhibit others from lawfully using and enjoying this Website.

Other Restrictions on How you Access or Use the Website

You also agree that in your access or use of the Website, you will: (i) to comply with all applicable laws when you use this Website and will not use the Website for any unlawful purpose; (ii) not “stalk,” threaten, or otherwise harass another person; (iii) not access or use the Website to collect any market research for a competing business; (iv) not impersonate any person or entity or falsely tate or otherwise misrepresent your affiliation with a person or entity; (v) not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website; (vi) not resell or engage in any commercial use of this Website or its contents; (vii) engage in any derivative use of this Website or its contents; (viii) download or copy account information for the benefit of another merchant; and (ix) let us know about inappropriate Registered User Content of which you become aware.

Violations

Any violation of the Open Classroom Code, as determined by Juilliard in its sole discretion, may result in an immediate revocation of your access to the Website and may subject you to liabilities for breach of this document and the Terms of Use. In addition, we are under no obligation to accept any individual as user of the Website, and may accept or reject any user in our sole and complete discretion.
In addition, if you violate our Terms of Use or this Open Classroom Code, you may be subject to one or more of the following actions:

Juilliard may also take other actions in its sole discretion. No refunds will be issued as a result of any violation.

Last Updated: October 31, 2016

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