Terms of Use

Last Updated March 30, 2023

Welcome to your musical journey and learning experience at FOREST OF SOUND!

These Terms of Use (“Terms”) govern use of the features (“Services”) of the website located at forestofsound.com (“Site”), of Forest of Sound, LLC, a Delaware limited liability company, together with its affiliates (“Forest of Sound”), in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, which such supplemental terms are incorporated by reference into the Terms. By using the Services – even just by browsing Forest of Sound’s Site – you agree to be bound by these Terms, our Privacy Policy, all applicable laws and all conditions or policies referenced here. Forest of Sound may amend the Terms at any time by posting a revised version of the Terms on our Site and/or Services. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

“User” “You” or “Your” refers to anyone using the Services.
“Parent” refers to a parent or legal guardian of a User under the age of 18.

Eligibility to Use the Services

You must be 18 years of age or older to use the Services. If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms and agree to them on your behalf before you may use the Services and use any lessons or learning materials related to the Services. If you are a Parent and you provide your consent to your child's use of the Services, then you agree to be bound by these Terms with respect to your child’s use of the Services. It is the responsibility of the Parent to monitor the child’s use of the Services.

You also agree to provide additional information that Forest of Sound reasonably requests in order to verify your identity or eligibility to use the Services. Forest of Sound can change eligibility criteria or decline to offer its Services at any time.

Users suspended from using the Services are not eligible to use the Services. Forest of Sound reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Services at any time for any reason without liability.

User Account

You may need to create an account with Forest of Sound (“User Account”) to use some of our Services. All information submitted in connection with a User Account on the Services must be accurate and truthful. You are responsible for maintaining the confidentiality of your User Account, and you agree to notify Forest of Sound immediately if you suspect or discover that your User Account has been used without authorization or there has been any other breach of security of your User Account. You also agree to provide additional information that Forest of Sound reasonably requests in order to verify your identity or eligibility to use the Services. Forest of Sound can change eligibility criteria, cancel any User Account, or decline to offer its Services at any time.

Forest of Sound collects personally identifiable information from the Parents of children under the age of thirteen. For more information see Forest of Sound’s Privacy Policy.

Intellectual Property

All services, content, functionality and features of the Site and Services are the exclusive property of Forest of Sound and its third-party licensors. All rights are protected by copyright, trademark, and related intellectual property and proprietary rights. Forest of Sound’s intellectual property, Site, Services, and related products may not be used in a way that go beyond the Terms, without the prior written authorization from Forest of Sound. Any unauthorized use may violate the copyright, trademark, and other intellectual or proprietary rights of Forest of Sound and/or Forest of Sound’s third-party licensees.

License To Users

Forest of Sound grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services, subject to the User's eligibility and continued compliance with the Terms. Permissions granted by Forest of Sound may be revoked at any time, without advance notice, and with the sole discretion of Forest of Sound.

Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Furthermore, under the rights granted in the license, you may not: (1) license, assign, or otherwise exploit materials related to the Services; (2) re-publish any material related to the Services; or (3) modify or alter any material related to the Services.

DMCA Complaints

If you believe that your copyrighted work has been used in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the "DMCA") or that any User Content infringes your intellectual property rights and is accessible in the Services, please notify Forest of Sound's legal department at copyright @Forest of Sound.com. "Infringement" means the unauthorized use of copyrighted material in violation of intellectual property rights. For such complaint to be valid, you (the "Complainant") must provide the following information in writing (the "Notice of Infringement"):

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Forest of Sound to locate the material.
information reasonably sufficient to permit Forest of Sound to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted to the Forest of Sound DMCA agent ("the DMCA Agent ") by mail and email to the following addresses:

Forest of Sound, LLC

Attention: DMCA Agent

8 The Green

Suite N

Dover, DE 19901

If any User (the "Respondent") believes that its User Content has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the "Counter Notice") with the DMCA Agent, including the following information within five business days from receipt of the Notice of Infringement:

a physical or electronic signature of the Respondent;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
the name, address, and telephone number of the Respondent, and a statement that the respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent's address is outside of the United States, for any judicial district in which the service provider may be found, and that the respondent will accept service of process from the complainant or an agent of the complainant.

Upon receipt of the Counter-Notice by the DMCA Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that Forest of Sound, at its discretion, may replace the removed material or cease disabling it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter-Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the service.

FOREST OF SOUND WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.

In accordance with the DMCA and other applicable laws, Forest of Sound has adopted a policy of terminating, in appropriate circumstances and at Forest of Sound's sole discretion, repeat infringers.

Community Guidelines

Forest of Sound is a place for learning, tolerance, and respect. Forest of Sound strives to build a learning community that includes and makes everyone feel welcome, including without limitation, Forest of Sound staff, instructors, employees, Students, Guardians, parents, families, guests.

Forest of Sound is not a place for bullying, hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or unauthorized solicitation.

You and Student agree that you will not do any of the following when using Forest of Sound services or engaging with anyone in the Forest of Sound community:

Promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, gender identity, or any other characteristic;
Solicit personal information from anyone in the Forest of Sound community;
Impersonate any person, or entity, or misrepresent your affiliation with a person or entity;
Use language that is offensive or vulgar;
Advertise or offer to buy or sell any goods for any purpose (unless authorized by Forest of Sound);
Display or show images or videos that are offensive, vulgar, or sexually explicit or post links to sites that contain

offensive, vulgar, or sexually explicit material or show people or animals being hurt or degraded;
Engage in any activity that interferes with or disrupts the proper working of Forest of Sound or any activities conducted

by Forest of Sound; or
Engage in inappropriate behavior including, but not limited to: behavior intended to bully, instigate, demean, or to hurt or cause harm to others; or any other posts or content that Forest of Sound, in its discretion, believes to be inappropriate to an open, tolerant, and welcoming atmosphere.

Forest of Sound has no obligation to monitor the communications related to the Site and Services, but reserves the right remove any materials that Violate the Community Guidelines in its sole discretion, and reserves the right to terminate your access to any or all of Services or use of the Site at any time without notice for any reason whatsoever.

Always use caution when giving out any personally identifying information about yourself or your children when using the Site and/or Services.

Forest of Sound does not control or endorse the content, messages or information posted related to the Site and/or Services and, therefore, disclaims any liability with regard to any actions resulting from your participation using the Site and/or Services.

Materials uploaded to the Site and Services may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Unsolicited Idea Submissions

Consistent with our culture of learning, Forest of Sound is always pleased to hear from our User community and welcomes comments or suggestions to improve the Services. However, to avoid future misunderstandings when new products, services and features developed internally by Forest of Sound might be similar or even identical to a submission received by Forest of Sound, the following policy applies to all User submissions to Forest of Sound of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) Forest of Sound will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) Forest of Sound will not be liable for any use or disclosure of any submission; and (d) Forest of Sound shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting User.

Third-Party Sites, Advertisers, or Services

The Services may contain links to third-party Sites, advertisers, or services that are not owned or controlled by Forest of Sound. Access to or use of third-party sites or services are at each User's own risk. Except as otherwise expressly provided herein, Forest of Sound is not responsible for any loss or damage of any sort relating to User dealings with these third-party sites or services. We encourage Users to be aware of when they leave the Services, and to read the terms and conditions and privacy policy of any third-party Site or service that they visit. Forest of Sound is not a party to such third-party agreements; they are solely between the User and the third party.

Indemnity

Each User agrees to defend, indemnify and hold harmless Forest of Sound, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. Forest of Sound may assume the exclusive defense and control of any matter for which Users have agreed to indemnify Forest of Sound and each User agrees to assist and cooperate with Forest of Sound in the defense or settlement of any such matters.

No Warranty

FOREST OF SOUND HAS NO FIDUCIARY DUTY TO ANY USER. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK.

Limitation Of Liability

FOREST OF SOUND (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO FOREST OF SOUND FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
FOREST OF SOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For jurisdictions that do not allow Forest of Sound to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Forest of Sound's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Forest of Sound does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Forest of Sound without restriction or consent.

Termination; Survival

Termination of a User Account may result in the forfeiture and destruction of all information associated with the User Account. Users may terminate their User Account by following the instructions on the Services, but Forest of Sound may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms, that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

Users agree that: (a) the Services shall be deemed solely based in the State of Delaware (the principal place of business and corporate headquarters of Forest of Sound); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Forest of Sound, either specific or general, in jurisdictions other than the State of Delaware. This Agreement shall be governed by the laws of the State of Delaware and applicable federal law, without respect to conflict of laws principles.

Binding Arbitration

Each User agrees that any and all disputes or claims that have arisen or may arise between such User and Forest of Sound relating in any way to or arising out of this or previous versions of the Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that such User may assert claims in small claims court, if such User claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of the Terms as a court would. To begin an arbitration proceeding, a User must send a letter requesting arbitration and describing the claim to our registered agent at 8 The Green, Suite N, Dover, DE 19901.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. A User may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where such User lives or at another mutually agreed location. Users agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, such User waives any right to a jury trial. User and Forest of Sound also both agree that User or Forest of Sound may bring suit in court to seek temporary or provisional remedies. If for any reason, any claim proceeds in court rather than in arbitration, the action shall be exclusively brought in a court of competent jurisdiction located in the State of Delaware.

English Language

In the event of a conflict between the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.A.

Cooperation With Authorities and Police Enforcement

Forest of Sound will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.

Notification Procedures

Users agree that Forest of Sound may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our Site. Users may opt out of certain means of notification or to receive certain notifications.

Entire Agreement/Severability

The Terms, including any policies, agreements, terms, or laws referenced herein, are the entire agreement between each User and Forest of Sound regarding its subject matter. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No failure or delay on the part of Forest of Sound in exercising any provision, right, or remedy provided in the Terms shall operate as a waiver thereof; nor shall any single or partial exercise of or failure to exercise any such provision, right, or remedy preclude any other or further exercise thereof or the exercise of any other provision, right, or remedy provided herein or at law or in equity. The headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of the Terms

Changes To Terms

Forest of Sound may alter the Terms at any time, so please review them frequently. If a material change is made, Forest of Sound may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at Forest of Sound's sole discretion, in good faith, and using common sense and reasonable judgment.