Price is variable depending on requirements.
effective as of 2016-11-1 (November 1st 2016)
Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.
Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Piano Fondue LLC in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”
2. Your Agreement to the Terms
YOUR ACCESS TO OR USE OF ANY THE SERVICES SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services.
3. Changes to the Terms
From time to time, Piano Fondue LLC may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current pianofondueevents.com account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
4. Content Available through the Services
Provided as-is: You acknowledge that Piano Fondue LLC does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Piano Fondue LLC liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.
5. Prohibited Conduct
You agree not to engage in any of the following activities:
1. Violating laws and rights:
You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting
any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
4. Impersonation or unauthorized access:
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
You may not use or attempt to use another’s account or personal information; and,
You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
6. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PIANO FONDUE LLC OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PIANO FONDUE LLC DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY PIANO FONDUE LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIANO FONDUE LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PIANO FONDUE LLC BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF PIANO FONDUE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PIANO FONDUE LLC IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the extent authorized by law, you agree to indemnify and hold harmless Piano Fondue LLC, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, or (b) your use of any of the Services.
By Piano Fondue LLC: Piano Fondue LLC may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Piano Fondue LLC at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
Automatic upon breach: Your right to access and use the Services (including use of your pianofondueevents.com account) terminates automatically upon your breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations will survive for one year after termination.
11. Miscellaneous Terms
Choice of law: The Terms are governed by and construed by the laws of the State of Wisconsin in the United States, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between Piano Fondue LLC and you concerning these Terms, and/or any of the Services may only brought in Dane County Circuit Court or the U.S. District Court for the Western District of Wisconsin at the election of the Company. Purchaser agrees to pay all costs of collection including court fees and attorneys’ fees, and you hereby consent to the personal jurisdiction and venue of such court.
If you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Wisconsin (excluding its choice of law rules).
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Piano Fondue LLC as a result of the Terms or from your use of any of the Services.
Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Piano Fondue LLC relating to this subject matter and supersede any and all prior communications and/or agreements between you and Piano Fondue LLC relating to access and use of the Services.
Effective date: November 07, 2018
Piano Fondue LLC (“us”, “we”, or “our”) operates the https://pianofondue.app website (the “Service”).
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Cookies and Usage Data
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
Piano Fondue LLC uses the collected data for various purposes:
- To provide and maintain the Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer care and support
- To provide analysis or valuable information so that we can improve the Service
- To monitor the usage of the Service
- To detect, prevent and address technical issues
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure Of Data
Piano Fondue LLC may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Piano Fondue LLC
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
- Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
- By email: firstname.lastname@example.org
Credits purchased on pianofondue.app are not refundable. If you have questions or concerns, please email email@example.com
Deposits and Performance Fees may be refunded to Purchaser only for the reasons described in Sections 1 and 2 below.1. Excuse from Performance. Company’s obligation to provide the Services under the Performance Agreement shall be excused by detention of Entertainers due to sickness, physical disability, interruption or delay of transportation service, weather, accidents, riots, strikes, terrorism, epidemics, acts of God, Force Majeure or any other legitimate condition beyond Company’s control. If such circumstances arise, Company shall make all reasonable efforts to find replacement Entertainers to perform the Services. Should Company be unable to make available replacement Entertainers, Purchaser shall receive a full reimbursement of the Performance Fee paid to the Company. Purchaser agrees that in all circumstances, Company’s liability shall be exclusively limited to refunding of the Performance Fee and Company shall not be liable for indirect or consequential damages arising from the cancellation of Services pursuant to this Section 2. Purchaser may cancel the Services of Company due to weather no less than twelve (12) hours prior to the Start Time as indicated in the Performance Agreement by notifying Company by telephone. In such event, Company shall reimburse Purchaser fifty percent (50%) of the Performance Fee then received by Company, and may reimburse Purchaser one hundred percent (100%) of the Performance Fee if the Company, in its sole discretion, agrees with Purchaser’s decision to cancel the Services of Company due to weather.
2. Cancellation. The Performance Agreement cannot be cancelled except by mutual written consent of both Company and Purchaser. Purchaser understands and acknowledges that Company has incurred expenses and made arrangements with respect to the Services to be provided hereunder, including the refusal to schedule the performance of Services for other parties, in order to provide the Services to Purchaser under the Performance Agreement. If cancellation is initiated by Purchaser in writing and agreed to by Company in writing, Purchaser will be required to pay to Company (in addition to any Deposit already paid) any unrecoverable costs and expenses already incurred by Company in anticipation of performing the Services hereunder, but not more than the total Performance Fee.