HowToPlayTheSax.com Terms and Conditions
By enrolling in the How To Play The Sax Community, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not continue with your purchase.
These Terms and conditions may change periodically.
This is a membership website.
All prices are US Dollars.
Payments will process automatically on the schedule you selected at the time of purchase (yearly, or monthly).
Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy. You cannot order and then ask for a refund straight away. Within minutes of ordering, you will be able to access and download years’ worth of our effort and knowledge. None of the content is ‘drip fed’ – you get all of it right away. There is no undoing that once you access the Members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products.
If you are dissatisfied with your purchase for any reason, you will be able to cancel any future payments as long as you do so at least 72 hours prior to the payment processing date. We cannot guarantee your cancellation request will be processed in time if it occurs within 72 hours of the billing date. The billing process is automated – you can cancel your membership yourself at any time from within your Profile from the Members Home Page.
There will be no partial (or prorated) refunds on monthly OR annual payments. Cancellations will be effective immediately once the cancellation request has processed. You will be unable to log in to the How To Play The Sax Community at that time. If you did not submit your cancellation request in time and the current month’s payment has already processed, we will not issue a refund for the current month or reinstate your membership until the next billing cycle.
An administration fee of $25 USD will be charged in the event of you requesting a cancellation via email shortly after an automatic renewal.
There is no charge if you change or cancel your Membership yourself.
You can change or cancel your Membership when ever you wish, at any time. Simply go to the Members Home Page, click on the “Membership Settings” section, click the “Members Account” link, then under the My Memberships heading simply click the appropriate “Change” or “Cancel” link. If you choose “cancel”, this will cancel your Membership and ensure that you are not charged automatically in the future.
We highly recommend that you ask questions before purchasing to make sure the community is right for you BEFORE purchasing.
If you cancel and then decide to join the How To Play The Sax Community again at a later time, you will be reinstated at the current membership rate, regardless of any special offers or discounts you received in the past.
This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of the community and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Matthew Harding upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at HowToPlayTheSax.com/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content included on this site is and shall continue to be the property of Matthew Harding or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by Matthew Harding. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. How To Play The Sax is the trademark or registered trademark of Matthew Harding. Other product and company names mentioned on this Site may be trademarks of their respective owners. You may ONLY use the Videos, Cheat Sheets, Backing Tracks, Images and any other files you have access to as part of your Membership for PERSONAL USE ONLY. Unauthorised redistribution will not be tolerated. You may NOT repost ANY files obtained from this website to any other computer, server, social media or public website. Offenders will be prosecuted.
All files – including but not limited to video files, audio files, image files, articles, written words – are Copyright Matthew Harding.
(b) Personal Use. Matthew Harding grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Matthew Harding. Matthew Harding may terminate your use of this website at any time.
(d) Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without Matthew Harding’s prior express written consent.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Matthew Harding DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. FURTHERMORE, Matthew Harding DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Matthew Harding, HIS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. Success in any endeavour is based on many factors individual to you. We do not know your educational background, your skills, your prior experience, or the time you can and will devote to the endeavour.
If you practice your saxophone, chances are high, but are not guaranteed, that you will improve.
We are not suggesting nor guaranteeing that you will become a rock star, professional musician or saxophone legend by using this website. But you might learn some stuff, play some cools songs and have a little bit of fun along the way.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and participate in our forum, bulletin board, chat room, or any other user interactive area of our site, and gain access to the materials contained thereon at your own risk.
(b) No Monitoring. We do not monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of our site and we are not responsible for any material that any of our forum, bulletin board, chat room, or any other user interactive area of our site participant posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our forum, bulletin board, chat room, or any other user interactive area of our site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum, bulletin board, chat room, or any other user interactive area of our site. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of our site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our site.
(d) No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own statements and materials that you post in our forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
(f) Removal of Material. As a participant in our forum, bulletin board, chat room, or any other user interactive area of our site, you agree that we may remove any materials from our forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.
(g) Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behaviour, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
(h) Right to Terminate. We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our site at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
(i) All content (including but not limited to images, text, uploaded files, etc) submitted to, uploaded by members may be used in any way Matthew Harding deems. This includes but is not limited to promotional activities, advertisements, testimonials etc.
(j) Prohibitions. You agree that you will not:
1 Use our forum, bulletin board, chat room, or any other user interactive area of our site for any illegal purpose.
2 Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.
3 Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person.
4 Place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of our site.
5 Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of our site.
6 Pretend to be another person that you are not.
7 Place materials in our forum, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.
There is zero tolerance towards uncool posts in our forums. If you are found to be in violation of any of these Prohibitions, your Membership will be immediately and permanently cancelled, without warning or notification. Refunds will not be applicable. You will no longer be welcome in the How To Play The Sax community. Please play nicely with others.
(k) Hold Harmless and Indemnify. You hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in our forum, bulletin board, chat room, or any other user interactive area of our site.
(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the How To Play The Sax Community. You may not use the How To Play The Sax community to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended for children under adult supervision as well as adults. This website is not intended for any children under the age of 10.
(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold Matthew Harding and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
(e) You understand that you are signing up for a recurring membership. You understand this is a subscription service and that you will be billed based on the plan you purchased (monthly, quarterly, or yearly). You understand that you will be charged each period on the same day that you signed up (or within 72 hours before or after the date depending on processing). Example: If you signed up on the 15th of May, you will be charged again on the 15th of June, the 15th of July, and so on until you cancel your membership.
(f) Cancellations. You understand that you can cancel your membership at any time from within your Members Account page. You understand that cancellation requests MUST be submitted using the Cancellation link on your Membership Profile page at least 72 hours prior to your scheduled payment date. You understand if you do not cancel 72 hours prior to the scheduled payment date, you are not guaranteed the next payment will be prevented. It is your sole responsibility to make sure when you cancel it is prior to 72 hours of your next scheduled payment. You understand that there are no partial period refunds, and that cancellations will be processed immediately or as soon as possible. There are no refunds.
Repeat: NO REFUNDS DISCLAIMER:
Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy. You cannot order and then ask for a refund straight away. Within minutes of ordering you will be able to download years’ worth of our effort and knowledge. None of the content is ‘drip fed’ you get all of it right away. There is no un-doing that once you access the Members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products. Cancellations will begin during the next scheduled payment period. By purchasing this Membership you are agreeing to these terms and conditions. To cancel, visit your Profile settings from within the Members Home Page.
NOTE: Cancellations near major holidays are excluded from the 72 hour window. You must cancel between 3-5 days before any major Australian holidays. Holidays include but are not limited to Christmas Eve, Christmas, New Years Eve, New Years Day, Good Friday, Easter Monday, Thanksgiving (including the day before and weekend after), Bank Holidays, and all holidays recognised by the Government and major religious groups.
Any statements outlined on our websites, programs, content and offerings are simply our opinions and thus are not guarantees or promises of actual performance.
Phew ! That’s a whole lot of info. Basically, be nice, be friendly and we will be too. We sincerely want you to Have Fun, Play Sax, Be Awesome and Repeat 🙂