Innermusician Pty Ltd.

Innermusician.com Website, License and Membership Terms and Conditions

PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE. BY ACCESSING THE SITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.BY USING INNERMUSICIAN.COM’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS INNERMUSICIAN.COM MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

PART A - Student Specific Terms

“Innermusician and/or its delegates” offers a unique method of music instruction for students and teachers
including specific approaches, ideas, techniques, musical compositions, written, electronic and audiovisual materials, Trade and Service Marks, and business or technical information (“The Program”). The Program is presented to you solely for your personal use. You will receive proprietary materials which, along with your lessons, ensures that you are being provided with the highest level of support that is possible. The Program has been developed as a result of the investment of significant time, effort and expense, and is a highly valuable, special and unique asset that provides Innermusician with a distinct and significant competitive advantage. By using this website you agree not to copy, alter, modify, reverse engineer, reproduce, replicate or create any imitation or abstraction of the Program, or attempt to derive the composition or underlying information of The Program. You acknowledge and agree that due to the unique nature of Innermusician’s Program, there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach may allow you or third parties to unfairly compete with Innermusician resulting in irreparable harm to Innermusician and, therefore that upon any such breach or threat hereof, Innermusician shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law. Innermusician shall also be entitled to recover all of it’s costs, disbursements and legal fees incurred in seeking or obtaining enforcement hereof.  

Students will have access to streaming and on-line materials for a minimum of 12 months from registration of each particular level.  Lifetime access refers to the lifetime of the program.

PART B - All Users

1. Contact Information.

Postal Address:


Innermusician Pty Ltd

PO Box 105, 
Kalamunda, WA 6926, 
Australia
ABN: 14600224397
ACN: 600 224 397

Customer Service:

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

2. Definitions.

“Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.

“Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.

"Confidential Information" refers to any information or material which is proprietary to Innermusician, whether or not owned or developed by Innermusician, which is not generally known, which Innermusician chooses not to make generally known and which Licensee has obtained through direct or indirect contact with Innermusician.

“Content” means the training videos and other media available on the Website, including the Teacher Training Material (“TTM’s”).

"License" refers to a license purchased on the Website to teach one or more of the Programs.

"Marks" are Innermusician original imagery including Trade Marks and Service Marks

“Member” refers to any person that purchases a Innermusician membership on the Innermusician.com website.

"Membership" refers to paid membership of the Innermusician.com website.  

“Innermusician” refers to Innermusician Pty Ltd an Australian Company.

"Program" refers to the unique method of music instruction for music students and music teachers which includes specific approaches, ideas, techniques, musical compositions, written, electronic and audiovisual materials developed by Innermusician

“Student” means a person who is being taught by a licensed Innermusician teacher and has paid for Student Home Materials.

"Student Home Materials ("SHMs") refers to materials developed by Innermusician for Students who wish to learn how to play music and may include documents, images, hardcopy and audio visual material.

“Teacher Training Material (“TTM’s”)” refers to materials specifically developed by Innermusician for a Licensed music teachers who wish to learn how to teach the Program and may include documents, images, hardcopy and audio visual material.

“User” refers to any party who Accesses the Site.

“Website” or “Site” refers to the website maintained on the World Wide Web by Innermusician Pty Ltd, available at https://innermusician.com 

“You” or “Your” refers to the User.

3. Modification of Terms.

Innermusician Pty Ltd reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Innermusician Pty Ltd gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

4. License.

By purchasing a Innermusician License you accept the following terms and conditions:

License to Teach the Program. Upon purchase of a Innermusician License and Membership, Innermusician thereby grants to Licensee a limited non-exclusive license to purchase SHMs to teach the Program to Students who reside within the same country of residence as Licensee, and obtain TTMs relevant to the License as long as the Licensee remains a Member. Any and all TTMs and/or SHMs acquired by or Licensed to Licensee are to be used solely for the purpose of enabling Licensee to teach the Program to Students who reside within the same country of residence as Licensee. Licensee is neither offered nor provided with an exclusive, geographical region that it has sole rights to conduct business within. Licensee understands that other Licensees may already or at some future point, conduct business in the same geographical region as Licensee.

Relationship of Parties. Innermusician does not offer a Franchise to Licensee, and Licensee agrees and understands that Innermusician is not a Franchisor nor is Licensee a Franchisee. The parties are independent contractors whose only legal relationship is that of Licensor and Licensee. They are not partners or joint venturers nor the agent, servant or employee of the other.

 Use of Marks and Non-modification. As long as the Licensee remains a Member, Licensee has the limited, non-exclusive right to use the Marks to identify the Program as taught by Licensee. Licensee will use the Marks only to identify the Program offered by Licensee. Licensee will use the Marks only in the size, proportions, colors and appearance specified from time to time by Innermusician. Innermusician retains the right to determine whether the use of its Marks are in a manner and form that Innermusician, in its sole discretion, deems suitable and appropriate. If Innermusician deems that Licensee is applying or using the Marks in an unsuitable or inappropriate manner, as determined solely by Innermusician and at Innermusician’s discretion, Licensee will immediately remove all Marks and references to such Marks from the stated manner, and will refrain from future use the Marks in such a manner. Licensee will make no alterations of any kind to the Marks without the express written permission of Innermusician. Licensee will not sell for profit, nor use the Marks to produce for resale or any other reason, any items, materials, accessories or other products without Innermusician’s express written permission. Other than those items as specified as part of Innermusician’s then current Studio and Business Support Materials, Licensee will not use the Marks, nor use nor hire any third party, to produce any items, materials, accessories or other products that use the Marks, without the express written permission of Innermusician.

Ownership of Program, Marks, Goodwill and Teacher Training Materials. Licensee agrees that Innermusician has exclusive rights in the Program Materials and Marks, and all goodwill associated with them. Licensee disclaims all rights, title, and interest in or to the Program and Marks and to the goodwill associated with them. Licensee acknowledges that the Program Materials, TTMs, and SHMs are owned by Innermusician and licensed to Licensee in accordance with this Agreement. In the course and scope of providing instruction to Students under this Agreement, Licensee may, with the express written approval of Licensor, create and/or incorporate Licensee’s own methods, ideas, or materials, or methods, ideas, or materials that derive in part from the Program Materials and in part from Licensee. Licensee agrees that any methods, ideas, materials, or content that derive in any way from the Program Materials may be used only in the course and scope of providing instruction in the Innermusician Program, and not for any other purpose, and that any right by Licensee to use such methods, ideas, materials, or content terminates upon the termination of this Agreement.

Business Name. Licensee will always identify his or her business by their personal name or a business name or a business mark or logo, that have no similarity to the Marks or the words “Simply Music”. Licensee will not include the Marks, in any part of his or her own business names, account names, e-mail addresses, user or domain names, without the express written permission of Innermusician. Any and all advertising done by Licensee will clearly communicate that the advertising is being done for and on behalf of the Licensee and not Innermusician itself. Any and all advertising done by Licensee will always include Licensee’s personal name along.

Innermusician has the right to alter in any way, the appearance of the Marks and/or content of the Program. After notice to Licensee of any change, Licensee will use only the version of the Marks and/or Program as approved by Innermusician.

No Duplication. Licensee agrees not to copy, make copies of, alter, modify, reverse engineer, reproduce, replicate or create any imitation or abstraction of the Program or part thereof, or attempt to derive the composition or underlying information of the Program in part or in whole.

Confidentiality Agreement. The Program includes Confidential Information. Licensee agrees to hold in confidence and to not disclose Innermusician’s Confidential Information, nor share Innermusician’s Teacher Materials to any person or entity without the prior written consent of Innermusician. Licensee understands and acknowledges that the Confidential Information has been developed or obtained by Innermusician through the investment of significant time, effort and expense. The Confidential Information is a highly valuable, special and unique asset that provides Innermusician and Licensee with a distinct and significant competitive advantage.

Student Confidentiality. Prior to any student starting lessons with Licensee, Licensee will require all Innermusician students to agree to Innermusician’s Student Terms and Conditions as available on the Innermusician.com website.

Quality Control. The method of teaching the Program is presented in the TTMs in such a way as to ensure the best possible results.  Accordingly, teachers are advised to teach the program as presented in the TTMs.

Use of Student Materials. Licensee shall purchase from Innermusician all SHMs that Innermusician, in its sole discretion, determines necessary or appropriate to teach the Program. Licensee shall require and ensure that every student purchases from Innermusician the applicable SHMs that Innermusician determines necessary or appropriate to be a student of the Program. Licensee shall take all reasonable means to ensure that every student uses the prescribed SHMs in the prescribed frequency and manner that Innermusician determines necessary or appropriate in order to be a student of the Program. Unless otherwise approved in writing by Innermusician, Licensee will only provide SHMs to those students who regularly and physically attend weekly lessons provided by the Licensee, and Licensee will only provide those SHMs directly relevant to the specific lessons and current level that the student is currently participating in and that the Licensee has permission to present.

Non-transferability. Innermusician acknowledges that Licensee may use the Program to build Licensee’s music teaching business, and that this may become a valuable and saleable asset of Licensee. Notwithstanding, Licensee agrees that the rights to teach the Program, as defined in this Agreement, are personal to Licensee and are non-transferable. All Innermusician Teachers must be, Licensed Innermusician Teachers and only current Members can teach the Program.

Protection of Marks and Program. If the Licencee’s Membership lapses, Licensee will immediately cease all use of the Marks, and promptly, and at Licensee’s own expense, remove the Marks from all points of display. Licensee will immediately cease all use of the Program

5. Membership Plan

Innermusician Pty Ltd hereby grants each Member a limited, non-exclusive, non-transferable right to Access the content and information available in the INNERMUSICIAN.COM WEBSITE according to the provisions contained herein, and subject to the payment of the applicable Membership fees and adherence to these Terms.

- Members of Innermusician may have access to content to which they are to licensed to teach.

- The Membership plan is payable in advance and automatically renews yearly until cancelled by Member

 - Automatically renews on the same date of each corresponding year or on final date of month if no corresponding date (e.g., February 29th)

- Fees charged on renewal date

- Subscription fees are non-refundable; except that Member may cancel renewed membership in writing up to three (3) calendar days after renewal date and receive a full refund of the new membership fees

- Discounts, rebates or other special offers only valid for initial term; memberships renew at the then-current full membership rates

- Innermusician Pty Ltd may increase membership fees for a subsequent membership period at any time and for any reason, provided, however, that Innermusician Pty Ltd provides notice at least thirty (30) calendar days prior to the expiration of the membership

- Innermusician Pty Ltd may terminate the membership and these Terms if unable to renew the membership based on inaccurate or outdated credit card information

- Right of Access to the INNERMUSICIAN.COM WEBSITE granted under these Terms is effective only upon payment of the membership fees

6. Product Orders & Shipping

- Our products are for sale to registered Members only.

- We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

- All prices are in US$. Onsdellers or our materials are responsible for paying the relevant sales taxes due in their jurisdiction.

- Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.

- Packaging and postage is an additional charge, calculated at time of purchase.

- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details.  We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

- We undertake to accept or reject your order within Seven (7) days.  If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.

- Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.

- Delivery of your ordered product/s will be as set out on our website.  Title in the goods passes to you when we have received payment.

- All risk of loss or damage to the goods passes to you when we despatch the goods. 

- Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction.  Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

 7.  Access to the INNERMUSICIAN.COM WEBSITE; Modification of Content.

Innermusician Pty Ltd strives to provide the INNERMUSICIAN.COM WEBSITE to its Members on a continuous basis. To that end, Innermusician Pty Ltd will take all commercially reasonable efforts to provide uninterrupted Access to the INNERMUSICIAN.COM WEBSITE to its Members. However, from time to time, Members may be unable to Access the INNERMUSICIAN.COM WEBSITE due to conditions beyond Innermusician Pty Ltd’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the INNERMUSICIAN.COM WEBSITE to its Members, Innermusician Pty Ltd will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

Innermusician Pty Ltd endeavors to provide the highest quality content to its Members. To that end, Innermusician Pty Ltd reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

8. Prohibited Conduct.

- User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Innermusician Pty Ltd’s computers, servers or databases.

- Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.

- Permit or provide others Access to the INNERMUSICIAN.COM WEBSITE using Your user name and password or otherwise, or the name and password of another authorized User.

- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.

- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.

- Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.

- Violate or attempt to violate Innermusician Pty Ltd’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.

- Engage in any other conduct which violates the Copyright Act or other laws of Australia.

- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Innermusician Pty Ltd.

- Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.

- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Innermusician Pty Ltd.

- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.

- Advertise or otherwise solicit funds, goods or services on the Site.

- Provide any commercial hosting service with Access to the Site and/or the content on the Site.

To ensure that Users of the Site do not engage in Prohibited Conduct, Innermusician Pty Ltd reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the INNERMUSICIAN.COM WEBSITE to any person or entity whose use of the INNERMUSICIAN.COM WEBSITE suggests Prohibited Conduct. Access of the materials available at the INNERMUSICIAN.COM WEBSITE beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the INNERMUSICIAN.COM WEBSITE and will result in revocation or denial of Access to the INNERMUSICIAN.COM WEBSITE. The terms “normal patterns” and “abuse” shall be determined solely by Innermusician Pty Ltd.You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

9. LIMITED WARRANTIES.

Innermusician Pty Ltd warrants that the software that allows Users to Access the INNERMUSICIAN.COM WEBSITE (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. INNERMUSICIAN.COM PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.

Innermusician Pty Ltd also warrants that the media containing the Software, if provided by Innermusician Pty Ltd, is free from defects in material on the date the User acquired the Software. INNERMUSICIAN.COM'S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE INNERMUSICIAN.COM WEBSITE. THE USER MUST INFORM INNERMUSICIAN.COM OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR INNERMUSICIAN.COM WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. INNERMUSICIAN.COM WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED.

ALTHOUGH INNERMUSICIAN.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

10. DISCLAIMERS AND LIMITATION OF LIABILITY.

USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 10), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. INNERMUSICIAN.COM DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. INNERMUSICIAN.COM DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL INNERMUSICIAN.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT INNERMUSICIAN.COM RECEIVED FROM THE MEMBER FOR A SUBSCRIPTION TO ACCESS THE INNERMUSICIAN.COM WEBSITE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL INNERMUSICIAN.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT INNERMUSICIAN.COM RECEIVED FROM THE MEMBER FOR A SUBSCRIPTION TO ACCESS THE INNERMUSICIAN.COM WEBSITE, EVEN IF INNERMUSICIAN.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF INNERMUSICIAN.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. INNERMUSICIAN.COM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF INNERMUSICIAN.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.

INNERMUSICIAN.COM DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT INNERMUSICIAN.COM RECEIVED FROM THE MEMBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.

THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

11. Third Party Content; Hyperlinks.

You acknowledge that Innermusician Pty Ltd does not pre-screen third party materials. Innermusician Pty Ltd is not the publisher or author of any information on the Site that is provided by third party content providers, and Innermusician Pty Ltd is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Innermusician Pty Ltd’s use of the content constitutes neither an endorsement nor a recommendation by Innermusician Pty Ltd of the content. Innermusician Pty Ltd assumes no responsibility for third party products or services.

The musicopolis.com website may contain links and references to other third party websites and materials. Innermusician Pty Ltd does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Innermusician Pty Ltd does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Innermusician Pty Ltd may disable any hyperlink to the Site. Innermusician Pty Ltd has the right but not obligation to monitor third party websites and hyperlinks to the Site.

INNERMUSICIAN.COM MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, INNERMUSICIAN.COM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

12. Copyrights, Trademarks and Other Proprietary Rights.

Innermusician  Pty Ltd or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Innermusician Pty Ltd. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the INNERMUSICIAN.COM WEBSITE may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Innermusician Pty Ltd, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Innermusician Pty Ltd’s intellectual property except as set forth in Section 4. If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Innermusician Pty Ltd, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.

13. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless Innermusician Pty Ltd and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

14. Security; Authorized Use.

Users are prohibited from violating or attempting to violate the security of the Site. Innermusician Pty Ltd has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Innermusician Pty Ltd may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the INNERMUSICIAN.COM WEBSITE. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.

You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.

You may not use the account, user name or password of someone else at any time. You agree to notify Innermusician Pty Ltd immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify Innermusician Pty Ltd immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Innermusician Pty Ltd will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by Innermusician Pty Ltd, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.

Innermusician Pty Ltd will never ask You for Your password. If You need a new user name and/or password, Innermusician Pty Ltd will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.

15. Termination of Agreement.

In addition to Innermusician Pty Ltd’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Innermusician Pty Ltd may also terminate Access to the INNERMUSICIAN.COM WEBSITE or cancel memberships to the INNERMUSICIAN.COM WEBSITE without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Innermusician Pty Ltd deems inappropriate.

In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 shall survive in perpetuity. Each Member’s obligation to pay outstanding membership fees shall survive any termination of this Agreement.

16. Privacy Policy.

Innermusician Pty Ltd values Your trust. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

17. Miscellaneous.

These Terms constitute the entire agreement between Innermusician Pty Ltd and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Innermusician Pty Ltd and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Innermusician Pty Ltd may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Innermusician Pty Ltd’s remedies are cumulative and not exclusive. Failure of Innermusician Pty Ltd to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Innermusician Pty Ltd makes no representation that the content of the Site is appropriate or available for use in all locations. Innermusician Pty Ltd operates this Site from Australia and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Innermusician Pty Ltd cannot provide notifications via post, only e-mail.

18. Governing Law; Dispute Resolution; Forum and Venue.

These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by West Australian law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Innermusician Pty Ltd shall be finally resolved through binding arbitration in Perth, Western Australia. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.

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