Instructors' Terms and Conditions of Use
- By accessing and/or joining Online Music Institute (OMI Inc.), you ("teacher", "instructor", "coach") are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
- In these terms and conditions, music ‘teacher’ refers to all registered teaching members of the Online Music Institute. Music ‘student’ refers to any other registered user of the Online Music Institute.
- Permission is granted to temporarily download one copy of the materials (information or software) on the Online Music Institute's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Online Music Institute 's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by OMI Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- All registered teachers warrant and self certify that they are over 18 years of age and can form legally binding contracts under their applicable law.
- By agreeing to these Terms and Conditions, teachers hereby warrant that they are self employed and therefore responsible for compliance with all income tax and other taxes which they should properly account for under the tax jurisdiction applicable to them.
- Online Music Institute teacher is defined as one individual, independent music teacher.
- One Online Music Institute Account is designated for one (1) music teacher. NO MUSIC SCHOOLS, NO LARGE STUDIOS, that employ or contract music teachers, may list on Online Music Institute without prior agreement.
- Teachers are required to display information designated by specific database field instructions.
- Teachers are required to display their legitimate first and last names. Unrelated data interferes with administrative functions and will be removed without notice.
- Teachers may NOT publish the following items on publicly displayed profile pages:
- personal E-Mail addresses
- re-directing URLs, in any form
- Phone numbers
- Teachers may list up to three (3) instruments and up to four (4) subjects.
- We will disqualify teachers who, to boost search results, add excessive number of irrelevant musical instruments or subjects beyond the ones they teach.
- We reserve the right to use teachers' photographic images and forum content to promote Online Music Institute Service.
- Teachers must request removal of account in writing. They must provide Username and/or original email they used to create a Online Music Institute account.
- We reserve the right to reject and/or discontinue any account, for any reason.
- Online Music Institute is a membership-based service that uses a database and does not guarantee specific positions. As accounts are added and removed, order or search results may vary.
- OMI Inc. does not guarantee that teachers will obtain students or performing opportunities from this service.
- Online Music Institute uses PayPal, Inc. for PayPal users and/or credit card payments. No personal financial information (credit card information, Social Security number) is stored on the Online Music Institute's servers.
- Registered teachers are solely responsible for the content and accuracy of all information published by them on the Online Music Institute.
- OMI Inc. reserves the right to terminate the membership of any registered teacher for any reason. No refunds, payments or compensation of any kind will be paid to members whose registration has been terminated under this condition.
- All registered teachers agree not to post, distribute, publish or by any other means transmit material which is offensive, including offensive music, photography or any other material of an offensive or sexual nature. Breach of this condition by any member will result in termination of that members registration and may result in the appropriate authorities being notified.
- OMI Inc. reserve the right to monitor communications between all registered members for the purposes of ensuring the integrity and security of the Online Music Institute and to ensure the safety of all members of the Online Music Institute.
- By accepting these Terms and Conditions, all registered teachers agree not to contact any registered Online Music Institute student either directly or indirectly for the purpose of arranging lesson times with that student through any mechanism other than the Online Music Institute website.
All registered teachers agree not to engage in or promote any activity with the intention of arranging a lesson with a student outside of the Online Music Institute's site. Activity of this nature is specifically prohibited under our terms of service and undermines the trust, security and legitimacy of the the Online Music Institute marketplace.
All lessons must be scheduled using the Online Music Institute system by a student selecting an available lesson time from your schedule on the "Schedule a Lesson" page and completing the booking process. As a teacher you are responsible for understanding the correct booking procedure and ensuring that this is followed by your students.
- All registered students agree to OMI Inc. acting as agent for them for the purposes of booking lessons with a particular teacher on their behalf. All fees charged by OMI Inc. in connection with the booking and scheduling of lessons with registered teachers are due solely from the registered student who made the booking. This condition shall not however restrict OMI Inc.’s ability to seek to recover any monies owed to the company in connection with lessons under Condition 24 of these Terms and Conditions from either the registered teacher or student concerned.
- Activity specifically not permitted includes:
- Communication via email, Skype or other means with the intention to schedule and arrange a lesson with a student in a way which is intended to circumvent our fee structure.
- Placing contact information (including URLs and images) on your profile which directly or indirectly promote a service outside of the Online Music Institute web site unless through a pre-approved arrangement.
- Failure to adhere to these Terms and Conditions by a registered teacher, and in particular any action whatsoever taken by a registered teacher with the objective of privately arranging a lesson time with a registered the Online Music Institute student through any other means such that a booking fee is not paid to OMI Inc., may result in the termination of both that teacher’s membership and that of the student concerned, and or legal action against that teacher or the student concerned for recovery of any monies deemed owed OMI Inc..
- It is the sole responsibility of each registered teacher to ensure that all personal details, including contact email addresses are up to date and accurate at all times. By accepting these terms and conditions all registered teachers hereby release OMI Inc. from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to inaccurate personal information being held on the the Online Music Institute website, systems and supporting infrastructure and hardware.
- OMI Inc. request that all parties seeking to register on the Online Music Institute verify their contact email details as part of the registration process. OMI Inc. undertakes this process to ensure that a valid email address is supplied for the purposes of proper PayPal transactions and receipts.
- OMI Inc. retains a 20% booking agent fee for each student lesson booked.
- OMI Inc. retains a 20% commission for each teacher's product (method books, CDs, videos, etc) sold through the Online Music Institute website.
- A teacher who chooses to sell any item (other than lesson times) must provide proof that the item for sale is of their own creation or owns the item. The teacher cannot act as a broker or a retailer of any product or item listed for sale on the Online Music Institute website.
- By accepting these terms and conditions all registered teachers hereby release OMI Inc. from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to a failure on the part of a registered student to ensure that their personal contact details, including their contact email address, are accurate at all times.
- OMI Inc. is not responsible for the delivery, quality or performance of any individual lesson booked through the Online Music Institute. By agreeing to these terms and conditions, registered teachers agree that performance of OMI Inc. contractual obligations to registered teachers in respect of any individual lesson booking will be deemed complete by notification of the details of that booking to the relevant teacher and student concerned via their respective personal pages on the Online Music Institute.
- By accepting these terms and conditions all registered teachers hereby agree that by placing a profile on the Online Music Institute they hold themselves out to be willing to contract directly with any registered student, for the supply of music lessons and associated support and services. Furthermore, all registered teachers accept that they are solely responsible for the performance, quality and fulfillment of all contractual obligations between themselves and a registered student of the Online Music Institute in respect of any individual lesson booked with them by that student.
- The Online Music Institute facilitates an online market place for music students and music teachers. OMI Inc. is not responsible for checking the validity of any individual registered teacher’s qualifications or background. By accepting these terms and conditions all registered students and teachers hereby release OMI Inc. from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out legal contracts or other agreements or communications of whatever kind between registered members be they teachers or students.
- OMI Inc. is not responsible for the quality of services provided by teachers registered on the Online Music Institute. Teachers and students contract directly with each other with the Online Music Institute facilitating the transaction. Where there is a dispute by a registered student over the quality, duration, standard or any other matter whatsoever with respect to a lesson or any associated service performed by a registered teacher, this is a matter to be resolved between the registered student and the registered teacher directly as the two principles to the contract. Unless directed by the teacher, No refunds will be made by OMI Inc. whatsoever in relation to the quality, duration or standard of the service provided, or any other issues which are under the control or influence of the teacher concerned. If the teacher directs OMI Inc. to initiate a refund, the teacher will be responsible for all Paypal transaction fees incurred.
- OMI Inc. will not be held responsible for the quality of the Skype interface or the quality of communications between a student and a teacher using Skype. Skype is a third party communications solution and is in no way the responsibility of OMI Inc..
- Should a registered student be unable to attend a booked lesson or lessons, that student may reschedule the booked lesson or lessons to any other available time or times with the same teacher at no cost or penalty. Cancellation as opposed to rescheduling of a booked lesson or lessons by a registered student will however result in a 15% cancellation fee paid in respect of the cancelled lesson or lessons.
- Where a registered student cancels a booked lesson or lessons, any refund of lesson fees already paid directly to an individual teacher in respect of the lesson or lessons cancelled will be at the sole discretion of the individual teacher concerned and requests for a refund should be made by the individual student directly to the individual teacher concerned.
- Registered students on the Online Music Institute are entitled to a full refund of the lesson fee or fees paid in respect of a lesson or lessons which are cancelled and not rescheduled by the relevant teacher, and in respect of a lesson or lessons where the teacher failed to attend the lesson in its entirety. In such circumstances refund requests should be directed within 24 hours by the student concerned to Member Support stating the full details of the lesson concerned including the teacher, lesson date, lesson time and nature of the complaint. Following verification of the complaint by the Online Music Institute which will include obtaining confirmation of the facts from the teacher concerned, the Online Music Institute will endeavor to issue a full refund of the lesson fee or fees paid to the student concerned within 4 to 7 working days.
Online Music Institute: Membership-based, proprietary network for independent music professionals, provided on "as is" and "as available" basis. OMI Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, OMI Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
OMI Inc. makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using the service. OMI Inc. shall not be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in OMI Inc. or for any damages resulting therefrom.
Members contributing materials on any of Online Music Institute Web pages, both public and private, do so at their own discretion and are responsible for the content of that material. OMI Inc. has no responsibility for the content of any messages or information posted by users, or for the content of information of third-parties on the Internet, even if accessed through Online Music Institute' pages. OMI Inc. retains the right, in its sole discretion, to delete from the Service any material which we deem to be inappropriate.
OMI Inc. makes no guarantee that the functions or the services provided by or through Online Music Institute will be error-free or without defect.
OMI Inc. cannot guarantee the accuracy of the exchange rates used by the currency converter. You should confirm current rates before making any transactions that could be affected by changes in the exchange rates. Foreign currency rates provided by Citibank N.A. and displayed under license. Rates are for information purposes only and are subject to change without notice. Rates for actual transactions may vary, and Citibank is not offering to enter into any transaction at any rate displayed.
- Revisions and Errata
The materials appearing on Online Music Institute's web site could include technical, typographical, or photographic errors. OMI Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. OMI Inc. may make changes to the materials contained on its web site at any time without notice. OMI Inc. does not, however, make any commitment to update the materials.
OMI Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by OMI Inc. of the site. Use of any such linked web site is at the user's own risk.
- OMI Inc. reserves the right to amend the Terms and Conditions of Use at any time and to notify all users of the service via either email correspondence or other appropriate means.
- The provisions of this Agreement shall be governed by the laws of the state of California, in the United States of America. The provisions of this agreement are severable and, if any provision of this User Agreement is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced.