1.1 To be eligible to register for a mfClasses account and use mfClasses platform, you must review and accept the terms of service of this Agreement by checking the box that states you have read and agree to these terms, when creating an account.1.2PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED, THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND SONUSPLAY srl. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CHECK THE BOX AND YOU SHOULD NOT USE mfCLASSES SERVICES.
2.1 “SONUSPLAY” is referred to Sonusplay srl, an Italian company registered in Italy, with its main office in Corso Ferrucci 77/9 10138 Torino TO, Italy P. IVA 12451370014.
2.2 “THE SOFTWARE” is referred to a specific WebRTC software for P2P audio-video transmission optimized for distance learning in the musical and art sectors.
2.3 “mfCLASSES” or “THE PLATFORM” are referred to a WebRTC based platform made available to users in order to interface and manage the software and ancillary functionalities.
2.4 “BETA TESTING” means a pre-launch phase of the software development where selected users are authorized, under certain conditions, to utilize the software and the platform at no charge in order for the user to test the service before the actual purchase.
2.5FREE TRIAL means that requesting USER are authorized, under certain conditions, to utilize the software and the platform at no charge in order for the user to test the service before the actual purchase.
2.6 “USER” refers to a person or a company utilising the Platform and the Software.
3.1 This page contains the general conditions of service (the ‘Conditions’ or ‘Terms’) governing the use of the platform and therefore of the website, software and any other utilities, functionality and content made available to the User. Please read these Terms of Service and the privacy policy carefully, because the use (i.e. accessing, registering, logging in or any other use) of the platform indicates that the User has read, understood, and accepts these Terms. Deviating conditions of the users will not be accepted.
3.2 The User entering into these Terms on behalf of a company, or another legal entity he/she represents, states that he has the authority to bind such entity and its affiliates to these Terms, in which case the term “User” will refer to such entity and its affiliates. If the legal entity that User represents does not agree with these Terms, User must not accept these Terms or use the Services.
4.1mfClasses (‘the Platform’ or ‘the Service(s)’ or ‘mfClasses’) is an innovative online WebRTC based platform and technical service for online music lessons via video communication with high quality audio.
4.2All Services provided by mfClasses may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any Italian law, or the law of any other jurisdiction where the platform is used, is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret or other common laws or statutes.
4.3mfClasses reserves the right to modify the technical specifications of the Services offered, in the constant search for a better quality of service, including but not limited to the maintenance, removal or addition of individual features or discontinue the Platform altogether.
5.1 Access to the mfClasses is through the registration of each User (individual or company).
5.2 mfClasses is reserved for adults. mfClasses is entitled at any time to verify the identity of Users by means of official documents and reserves the right to take legal action against those who make false statements about their identity.
5.35.3. Users under 18 years of age must have the permission of their parent/legal guardian before using the Platform and these Terms of Service shall apply in all cases.
5.4All registered Users are obliged to keep their personal information requested at the time of registration up to date.
5.5 Only one account can be registered per User. This is without prejudice to the Platform’s right to cancel any account whose personal information is false.
5.6 User is responsible for the security and secrecy of their username and password and is therefore responsible for any activity carried out within the account.
5.7In the event of a fraudulent use of the Platform, the User agrees to immediately notify Sonusplay of the breach of security.
5.8Sonusplay shall be not liable for any loss or damage suffered as a result of loss or theft of access credentials to the platform.
5.9By using the Platform, the User agrees that Sonusplay may collect, store and use personal data such as first and last name, address, e-mail address and payment information. The data provided during registration and others related to the User – such as those related to the lessons held or files exchanged – are protected in accordance with our Privacy Policy.
5.10mfClasses may use third-parties in the operation of the Platform or to perform any obligations, including using providers for cloud infrastructure and hosting services. In order for our service providers to be able to provide you with certain aspects of the Services, we may share user data and/or content with such service provider. Our agreements with service providers outline the appropriate use and handling of this information and prohibit the service provider from using any of your information for purposes unrelated to the Services.
5.11Sonusplay shall not be responsible for the costs incurred by the User for accessing the Platform, such as the cost of Internet access required by ISPs or the purchase of any device necessary for the functioning of the Platform.
5.12mfClasses provides links to other websites which may contain additional information. Such links as well as their contents and accessibility to linked websites are not subject to the control of mfClasses, so that no responsibility and liability is assumed for them.
6.1 User hereby acknowledges and agrees that Sonusplay reserves the right to temporarily suspend Services for the purposes of maintaining, repairing, or upgrading its systems and network.
6. 2Sonusplay will use best efforts to notify User of pending maintenance, however, Sonusplay is at no time under any obligation to inform User of such maintenance.
7.4To achieve optimal sound quality, a computer (not a tablet or smartphone) and a quality external microphone, possibly with a sound interface, are required.7.5mfClasses also recommends the use of a wired internet connection over a wireless.
7.6The User must in any case make sure to use a working hardware and suitable for the use of the platform, including therefore the microphone, speakers and webcam.
7.7In no case shall mfClasses be held responsible for insufficient internet transmission speed or for the use of inappropriate hardware or software when accessing the platform.
7.8In no event mfClasses shall be liable for any loss of quality of service due to low or insufficient connection speed of the User due to its technical network equipment or ISP.
8.1The Platform is exclusively intended for online music lessons via video communication with high quality audio. mfClasses must be used exclusively for this purpose and for no other purpose or cause, under penalty of cancellation of the account and without prejudice to compensation for damages.
8.2User agrees to do each of the following in connection with the use of the Services: (i) comply with all applicable laws, rules and regulations, including those regarding data protection and privacy, intellectual property rights; and (ii) pay the fees for the Services, if applicable, when due.
8.3The Platform may not be used to carry out illegal or harmful activities of any kind.
8.4Users are solely responsible for any material uploaded in the virtual drawer (data, PDF, links to music files and videos). In particular, Users undertake not to violate any patent nor intellectual property rights of mfClasses, other Users or third parties, including copyright and not to use or upload any inappropriate material in any way, in violation of applicable laws or regulations. mfClasses is not intended to be used as storage, backup or archiving services. It is the User’s responsibility to back up content and they are responsible for any lost or unrecoverable material.
8.5Generally, the content uploaded in the virtual drawer is not monitored or approved by the Platform prior to uploading, but mfClasses reserves the right to remove any content that, at its sole discretion, is deemed in violation of these Terms and/or applicable laws, without any liability on its part and without prejudice to the possibility of deleting the account of the person responsible for the violation.
8.6Users are obliged to refrain from actions which are likely to impair the operation of Sonusplay or the technical infrastructure behind it and/or to overload it excessively or to use protected contents of Sonusplay illegally. This includes in particular the use of software, scripts, viruses or other computer codes, data or programs aimed at interrupting, destroying and/or restricting mfClasses and the functionality of a software or hardware or other equipment of the mfClasses websites; blocking, overwriting, modifying, copying data and/or other contents, or disrupting or interrupting the data flow on mfClasses or in any other way impairing the use of the mfClasses websites, unless this is necessary for the contractual use of mfClasses; reproduce and/or distribute and/or publicly reproduce any Content available on mfClasses that is protected by copyright, trademark or other intellectual property laws, except as expressly permitted or intended to be used by Users.
8.7mfClasses is in any case not responsible for losses (including economic or data losses), damages to things and persons, limitations, loss of chance, errors, malfunctions or other negative events that may occur to the User due to the use of the Platform (or the impossibility to use) and/or the interaction with other Users.
8.8Users agree to use the online Platform as proposed and therefore undertake not to modify it, damage it, copy the source code, distribute it or make any other violation of Sonusplay’s rights to the Platform’s source code.
8.9Sonusplay will never sell, assign or transfer User data to third parties for commercial, marketing or profiling purposes. For the complete privacy policy please see the page on website www.mfClasses.com.8.10Sonusplay reserves the right to block or cancel the access of the User who has violated any of these provisions, and the Judicial Authority, without prejudice to compensation for any damages.
9.1When using the Services, User must act responsibly and exercise good judgment. This means, among other things, that content uploaded/written/submitted by you may not: (a) violate these Terms, or any applicable law or regulation; (b) infringe the rights of any third party, including but not limited to, intellectual property, privacy, publicity or contractual rights; (c) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your association with any person or entity, whether by providing or omitting to provide information; (d) interfere or damage the Service by, inter alia, the use of viruses, cancel bots, Trojan horses, harmful codes, flood pings, denial-of-service attacks or similar methods or technologies; or (e) contain Abusive Content (as defined below).
9.2User understands and agrees that Sonusplay may (but is not obligated to) review and remove or block any Abusive Content of any kind.
9.3″Abusive Content”, for the purpose of this Terms of Service, refers to any Content, which: (a) is defamatory; (b) contains nudity or sexually explicit content; (c) disparages any ethnic, racial, sexual or religious group by stereotypical portrayal or otherwise; (d) makes use of offensive language or images or which violates the rights of, harms, or threatens the safety of third parties or other users of the Service.
10.1User authorizes Sonusplay, directly or through third-parties, to make any inquiries we consider necessary to help verify or check your identity to prevent fraud. This may include asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth and other information that is necessary to confirm ownership of your email address or payment method that you have added to your account.
10.2Current fees for the Services are set forth on the website. All fees due under this Agreement are payable in Euros.
10.3User shall pay Sonusplay for Services at the time of the paid plan activation. User shall pay the applicable recurring monthly or yearly fees associated with the selected Sonusplay Service(s). Recurring Sonusplay’s Service charges will be charged to the User’s on-file credit card each pay period on the start-date of the Sonusplay paid plan.
10.4Sonusplay retains the right to adjust prices on any and all Services. Price changes will take effect 30 days after being posted on the website.10.5Acceptable methods of payment include MasterCard, Visa, American Express, and Paypal.
10.6User will be notified of such charges in advance via email. If valid payment for any recurring and/or non-recurring payment has not been received from User within 15 days of the initial bill date, Sonusplay reserves the right to cancel User’s account. If User’s account has been terminated due to non-payment, and User would like to reactivate the account, all monies that were due upon cancellation will then be due upon reactivation.
10.7All purchases are final and no refunds or credits will be provided. Sonusplay will take steps to rectify any payment processing errors of which it becomes aware. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by User, so that User ends up paying the correct amount.
11.1User shall have the right to terminate the Service and cancel account at any time via the mfClasses account management interface. However, User must cancel their account at least 24 hours before the end of the current billing cycle to avoid being billed for the next billing period.
11.2Prior to cancellation of Service, User is responsible for removing their materials from their allotted drawer. Sonusplay will not be responsible for storage and preservation of User’s materials at any time.
12.1Sonusplay will, in its sole discretion, provide User with a Free Trial subscription to the service. Sonusplay reserves the right to limit the number of free accesses per User and to take measures to prevent abuse.
12.2During the Free trial period User is entitled to use the platform and the service only to the extent permitted by Sonusplay. Sonusplay is under no obligation to provide User with customer service or technical support during the free trial period. Sonusplay may change or discontinue the terms of the Free Trial at any time without prior notice.
12.3Subscription package fees are payable in advance. The service of Sonusplay cannot be claimed by the user until the amount for the selected package has been credited to the account at Sonusplay. The currently valid tariffs can be viewed on the Sonusplay website in the page “Pricing”. Sonusplay reserves the right to adjust the prices at any time. The booked subscription package price remains valid.
13.1mfClasses is a trademark owned by Sonusplay srl.
13.2Users are not allowed to reproduce, change, edit, publish, sell, license or commercially exploit mfClasses content in any way.
13.3All content provided on the Platform and on this website together with the website design, text and graphics, and their selection and arrangement, and all compilations, underlying source code and software, is owned by Sonusplay and protected by Italian and international copyright and intellectual property laws. All rights are reserved.
14.1The Services are provided on an “as is”, and “as available” basis, and Sonusplay disclaims all warranties of any kind, express, implied or statutory. mfClasses disclaims all liability and any obligations for any harm or damage caused by any third-party hosting providers.1
14.2In no event will Sonusplay be liable for (a) incidental, special, indirect, or consequential damages; or (b) loss of profits or revenue, loss of data, business interruption, or loss of goodwill, in each case arising out of or related to the use or inability to use the services, however caused.
15.1Sonusplay is excused from, and will not be liable for, any failure or delay in performance of responsibilities otherwise imposed by this Agreement including, but not limited to, any delay, outages or interruptions of the Services, for any cause beyond its reasonable control. Such causes shall include without limitation fires, floods, storms, earthquakes, civil disturbances, acts of God, acts of terrorism, disruption of telecommunications, transportation, utilities or necessary supplies, governmental action, computer viruses and incompatible or defective equipment, software or services not supplied by Sonusplay, or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
16. Applicable law – jurisdiction
16.1Italian law applies to these Terms of Service. For any dispute related or connected to these Terms, without any exclusion, the court of Turin (Tribunale di Torino) shall have jurisdiction, with the exclusion of any other court. The Service is operated and managed by Sonusplay from Italy.
16.2If User accesses the Service from a location outside Italy, User is responsible for compliance with all local laws. You agree that you will not use the Platform in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
17.1These Conditions cover the entire agreement between mfClasses and the User with regard to the use of the Services and replace all previous agreements between the parties. If any provision of these Conditions is unlawful, void or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.
17.2The current version of these Terms of Service is available on the website and can be accessed, printed, downloaded and/or saved at any time by clicking the link Terms of Service.