Terms of Service Governing Courses sold or accessed Through MMM

1. Introduction

Welcome to MIKE MANGINI MEDIA, LLC (“MMM”). Our mission is to improve music education through cutting-edge instruction. These Terms of Service (“Terms”) are designed to protect your rights as a Course user (“You”) and our rights as the Course provider (”Provider”), ensuring a fair and beneficial learning environment for all participants. These Terms govern your purchase, access, and use of Provider  online Courses and related services (collectively, the "Course") offered through MMM. By accessing or using this Course, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Course.  By purchasing and accessing any Course offered on the Site, User is granted a limited, non-exclusive, non-transferable, and revocable license to view and use the Course materials solely for personal, non-commercial educational purposes. This license permits you to:

  • Stream and view the Course content online via the Site; and

  • Download Course materials where explicitly permitted by the Site.

2. Intellectual Property Rights

All Courses and content provided on the Site, including but not limited to videos, written materials, exercises, graphics, is proprietary to MMM, and protected by copyright, trade secret, and other intellectual property laws. The purchase of a Course does not transfer any ownership rights to the User. Any unauthorized use, copying, or distribution of the Course content is strictly prohibited and may result in legal action.  By accessing and using the Courses, the User acknowledges and agrees to these intellectual property provisions. Failure to comply may result in legal consequences, including financial damages and injunctive relief.

License: Upon enrolling in the Course, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Course content for your personal, non-commercial use only. This license does not grant you any ownership rights to the content, and you may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any of the content without explicit written permission from MMM.

Restrictions: You are prohibited from using any content from this Course for commercial purposes, including teaching, coaching, or training others based on the materials provided, without explicit written permission from MMM.

Trademarks: Any trademarks, logos, or service marks displayed in the Course are the property of MMM or third parties. You are not granted any right or license to use these trademarks without prior written permission.

Reservation: All rights not expressly granted herein are reserved by MMM and its licensors.

 

3. Prohibited Use

Users are strictly prohibited from:

Sharing Login Credentials: You may not share your login credentials or account access with any other person or entity, whether for free or for compensation. Your access to this Course is intended solely for your personal use, and sharing your credentials is a violation of these Terms.

Commercial Use: You may not use any part of the Course content, including exercises, videos, or written materials, for any commercial purpose. This includes, but is not limited to, teaching, coaching, training others, or offering similar Courses, whether for personal gain or otherwise.

Reproducing or Distributing Content: You may not reproduce, distribute, or publicly share any part of the Course content, including but not limited to exercises, videos, or written materials, on social media platforms, websites, or any other public forum. This includes creating or posting any derivative content that reveals, discusses, or demonstrates any of the exercises or techniques presented in the Course.

Circumvention of Security: You may not attempt to bypass, disable, or otherwise interfere with any security features of the Course or its associated website, including those designed to protect the content and restrict access.

Unauthorized Use of Trademarks: You may not use any trademarks, logos, or other proprietary marks associated with MMM without explicit written permission. This includes using such marks in any way that might imply endorsement or affiliation.

Harassment or Disruption: You may not engage in any behavior that disrupts or interferes with the learning experience of others. This includes, but is not limited to, harassment, abusive language, spamming, or any other actions that may negatively impact the Course community or its members.

 

4. Proprietary Information & ConfidentialitY

Definition of Proprietary Information

For the purposes of these Terms, "Proprietary Information" includes, but is not limited to:

  • Course materials, including written, audio, video, graphical, and other instructional content;

  • Teaching methods, techniques, lesson structures, exercises, and musical arrangements;

  • Software, algorithms, processes, and formats utilized within the Course;

  • Any content, documentation, or information explicitly marked as confidential or proprietary by MMM.

Proprietary Information does not include:

  • Information that is publicly available through lawful means and not in violation of these Terms;

  • Information lawfully obtained from a third party who is not under an obligation of confidentiality.

Confidentiality Obligations of the User:

By accessing or purchasing a Course, the User agrees to:

  • Maintain the confidentiality of all Proprietary Information and not disclose, distribute, or share any such information with third parties, whether in whole or in part, without prior written consent from MMM;

  • Use Proprietary Information solely for personal, educational purposes and not for commercial use, reproduction, sublicensing, or redistribution in any form;

  • Refrain from reverse engineering, modifying, copying, or creating derivative works based on the Course content, techniques, or methods;

  • Not use the Course content to create or offer competing instructional materials or courses without express written authorization.

Unauthorized Disclosure or Misuse:

In the event of unauthorized disclosure, reproduction, or misuse of Proprietary Information by the User, MMM reserves the right to:

  • Immediately terminate the User’s license and access to the Course without notice or refund;

  • Pursue legal remedies, including injunctive relief and damages for breach of confidentiality and intellectual property rights;

  • Take any other necessary action to protect its proprietary interests.

Reporting Unauthorized Use:

If the User becomes aware of any unauthorized access, distribution, or misuse of the Course content by any third party, they must notify MMM immediately at Staff@MikeMangini.com

5. User Responsibilities

Compliance with Laws: Users must comply with all applicable local, state, national, and international laws and regulations while using this Course. The specific jurisdiction governing this agreement will be detailed in a later section of these Terms. Failure to comply with legal requirements may result in the termination of your access to the Course.

Account Security: Users are responsible for maintaining the confidentiality of their account information and are fully responsible for all activities that occur under their account. If you suspect any unauthorized use of your account, you must notify MMM immediately.

Technology Requirements: It is the responsibility of the user to provide and maintain the necessary technology, including hardware, software, and internet connection, required to access and use the Course. MMM is not responsible for any technical issues that prevent you from accessing the Course.

6. Termination

We reserve the right to terminate or suspend your access to the Course at any time, with or without notice, for any reason, including violation of these Terms.

In certain cases, your access may be reinstated if breaches of contract are resolved and any associated fees are settled. However, reinstatement of access is at the sole discretion of MMM and is not guaranteed.

Upon termination, any data or content you have uploaded or created within the Course platform may still be held by the platform provider(s), but MMM has no control over this data. You should not expect any of your content to remain accessible or intact upon termination.

 

7. Dispute Resolution

Mediation First: In the event of any dispute arising out of or relating to these Terms, you agree to first attempt to resolve the dispute with MMM through confidential mediation in Boston, Massachusetts, USA. The mediator will be mutually chosen by both parties, and the mediation will take place remotely, with a central location based out or around the city of Boston, Massachusetts, USA. The costs of mediation shall be shared equally between both parties. However, if it is determined during mediation that one party has breached the contract, that party will be required to reimburse the other party for the full cost of the mediation.

Binding Arbitration: If mediation is unsuccessful, the dispute shall be resolved through binding arbitration under the rules of the International Chamber of Commerce (ICC), with any arbitration will be held in Boston, Massachusetts, USA. The arbitration will take place remotely unless both parties agree otherwise. The arbitrator's decision shall be final and binding, enforceable in any court of competent jurisdiction.

Governing Laws and Venue: These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, and any disputes litigated in a court of proper state or federal jurisdiction in Boston, Massachusetts, without regard to its conflict of law provisions.

International Users: If you are accessing this Course from outside the United States, you agree that any disputes shall be resolved in accordance with the laws of the Commonwealth of Massachusetts, USA, and that you waive any rights under the laws of your own country to the extent they conflict with these Terms.

Class Action Waiver: You agree to resolve any disputes with MMM on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.

 

8. Refunds

No Refunds – All sales are final. Due to the digital nature of the course material, no refunds will be issued under any circumstances.

24-Hour Exception – If you realize you have made a mistake within 24 hours of purchase, you must contact Staff@MikeMangini.com to request a refund. Refunds requested after this window will not be granted.

No Refunds for Forgetting to Cancel – Subscription payments are the sole responsibility of the user. If you fail to cancel before your renewal date, you will not be eligible for a refund.

9. Course Availability and Download Rights

Course Availability: MMM reserves the right to take the Course offline at any time, either due to third-party hosting service disruptions or if we decide to stop offering the Course. In such cases, we will make reasonable efforts to notify you in advance. No download rights are offered whatsoever.

10. Limitation of Liability

To the fullest extent permitted by law, MMM and its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use of or inability to use the Course;

  • Any unauthorized access to or use of our servers and/or any personal information stored therein;

  • Any interruption or cessation of transmission to or from the Course;

  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Course by any third party;

  • Any physical injuries, including but not limited to repetitive strain injuries (RSI), carpal tunnel syndrome, or tendinitis, resulting from the misuse or incorrect application of the techniques and exercises taught in the Course;

  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Course.

The content and techniques provided in this Course are designed to promote healthy playing habits and prevent injuries. However, users are responsible for applying the material correctly and understanding their own physical limitations.

In no event shall MMM's aggregate liability for all claims relating to the Course exceed the amount you paid to MMM for the Course.

Exceptions: This limitation of liability shall not apply to damages caused by intentional misconduct, gross negligence, or other actions that cannot be excluded or limited by law.


11. Amendments

MMM reserves the right to modify these Terms at any time, at our sole discretion. Any amendments will be effective immediately upon posting on our website or within the Course platform.

Your continued use of the Course after any changes to these Terms constitutes your acceptance of the new terms. If you do not agree with the amended terms, you must discontinue using the Course.

 

12. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and MMM with respect to your use of the Course. This agreement supersedes any prior or contemporaneous agreements, communications, representations, or understandings, whether oral or written, concerning the subject matter contained herein.

The Privacy Policy referenced in these Terms functions independently and is not incorporated by reference into this agreement. Each document serves its own purpose and stands alone, though both are legally binding.

No other agreements, understandings, or representations, whether made prior to or after your acceptance of these Terms, shall be binding unless expressly incorporated into these Terms.

13. Survivability

Certain provisions of these Terms will continue to apply even after your payment, access to the Course, or this agreement ends. Specifically, the following sections will remain in effect: Intellectual Property Rights (Section 2), Prohibited Use (Section 3), Confidentiality (Section 4), Limitation of Liability (Section 10), Dispute Resolution (Section 7), and any other terms that are naturally meant to survive termination or completion of the agreement.

14. Prohibition on AI Use

No individual, entity, or system is permitted to use, access, or process any content provided in this Course, including but not limited to videos, written materials, exercises, and graphics, for the purposes of training, developing, or enhancing artificial intelligence (AI) models, machine learning algorithms, or any other automated systems.

This restriction applies regardless of whether the content has been purchased, accessed with authorization, or obtained through any other means. Any violation of this clause will result in immediate termination of access, if applicable, and may lead to further legal action.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, while still closely reflecting the original intent. If modification is not possible, that provision shall be removed, and the remaining provisions shall continue in full force and effect.

However, the following sections are not severable and shall remain in effect regardless: Intellectual Property Rights (Section 2), Prohibited Use (Section 3), Confidentiality (Section 4), Termination (Section 6), Course Availability and Download Rights (Section 9), Limitation of Liability (Section 10) and Prohibition on AI Use (Section 14).

16. Contact Information

We are committed to addressing your inquiries promptly, though no specific support hours are provided. If you have any questions, concerns, or need assistance regarding these Terms or the Course, you can contact us via the following methods:

Email (Preferred):
Staff@MikeMangini.com

Mailing Address:
MIKE MANGINI MEDIA
PO BOX 348
Pembroke, MA
02358