Terms and Conditions of Use of SheilaJoynes.net.

Sorry to have to do this, but we need to cover ourselves, just like any other web-based shop.  So, please be aware . . .

The following Terms and Conditions of Use apply to Sheila Joynes’ web site located at www.SheilaJoynes.net. The Site is the property of Sheila Joynes and Stephen Bell.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE

SheilaJoynes.net reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, SheilaJoynes.net grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Website Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to SheilaJoynes.net, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without SheilaJoynes.net’s express prior written consent.

Sheilas Downloadable Videos, Sheet Music and Other Products.

You may use information on SheilaJoynes.net products and services (such as her downloadable videos, sheet music, Fact sheets, FAQs, PDF documents, data sheets, knowledge base articles, and similar materials) purposely made available by SheilaJoynes.net for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

For the avoidance of doubt; single purchases of Sheila's videos and sheet music are for the personal use of the purchaser only.  Sheila's videos, sheet music and any other products may not be copied, given to, sold to, sold on to, lent to, rented to, or shown to others. In particular, the videos may not be used by music teachers or other teachers for teaching students, pupils or any third party either singly or in classes.

Saving Sheila's videos

The download time expires after 7 days, so you need to make sure you have the videos safely saved on your own hard drive or other storage. We strongly recommend you copy the videos to a CD or data DVD disk so that, in case of a hard disk crash (or simply the purchase of a new computer) your videos are safely stored. Essentially, do not save the videos in just one place - make sure you have them backed-up somewhere safely.

Replacing lost videos

As we have now have a few hundred customers, we are discovering a problem we did not anticipate.  Videos sometimes become lost or erased due to not being backed-up; not being copied to a new or replacement computer; hard disk failures, and so on. As explained above, we strongly advise you to ensure the videos you buy from us are saved securely or backed up for safe keeping.

However, we don't want you to lose the videos you bought, so what we plan to do is as follows. Drop us an email and tell us what you lost and and roughly when you originally bought the videos. Once we've traced your original order(s) and verified what you bought, rather than reinstate the links in emails you probably discarded at the time, we will set up and send you a voucher code to "buy" the same videos again.  You can then visit Sheila's Shop, "purchase" the videos again and use the voucher code in full payment.  You will then receive the usual emails containing new download links and you simply 'serve yourself' to the videos as you did originally.

None of the foregoing shall prejudice the fact that we can not and do not guarantee to replace videos you have bought if, through your failure to copy them to a secure storage medium, they become lost, corrupted or erased.

Site Licences for Schools

Some schools have found it advantageous to "Site licence" Sheila's videos.  This can be done for a one-off flat fee per module for use anywhere in the school for it's staff and pupils in perpetuity, or - more cost effectively - an annual feel per module made available to pupils.  Such arrangenments are negotiated individually and depend on the number of pupils in the school, and the proportion taking music lessons, studying Music Theory, etc.  Assurances will be required that videos, documents, sheet music and any other Sheila Joynes products will not be copied outside the school.  Contact us to discuss the options - we can be very flexible and we'll find a solution that suits us both.

Your Use of This Website

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. SheilaJoynes.net reserves the right to bar any such activity.

You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any SheilaJoynes.net server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of SheilaJoynes.net, including any SheilaJoynes.net account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or SheilaJoynes.net’s systems, servers, or networks, or any systems or networks connected to the Site or to SheilaJoynes.net.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SheilaJoynes.net on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SheilaJoynes.net or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

SheilaJoynes.net’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

SheilaJoynes.net may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and SheilaJoynes.net makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a SheilaJoynes.net ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify SheilaJoynes.net immediately of any unauthorised use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by SheilaJoynes.net or any other user of or visitor to the Site due to someone else using your SheilaJoynes.net ID, password or account.

You may not use anyone else’s SheilaJoynes.net ID, password or account at any time without the express permission and consent of the holder of that SheilaJoynes.net ID, password or account. SheilaJoynes.net cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

SheilaJoynes.net’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view SheilaJoynes.net’s Privacy Policy, click here or click the link at the top of this page. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the SheilaJoynes.net Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SheilaJoynes.net’s control, and SheilaJoynes.net is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

SheilaJoynes.net DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SheilaJoynes.net CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SheilaJoynes.net DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SheilaJoynes.net DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SheilaJoynes.net SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SheilaJoynes.net FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

SheilaJoynes.net reserves the right to do any of the following, at any time, without notice:

(1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;

(2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and

(3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will SheilaJoynes.net be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SheilaJoynes.net has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, SheilaJoynes.net is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, SheilaJoynes.net’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against SheilaJoynes.net (but not including the purchase price for any SheilaJoynes.net downloadable video or document products), or (2) GBP 100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold  , its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including solicitors, lawyers, attorneys or other legal fees), made against SheilaJoynes.net by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

SheilaJoynes.net may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SheilaJoynes.net’s rights or property, or the rights or property of visitors to or users of the Site, including SheilaJoynes.net’s customers. SheilaJoynes.net reserves the right at all times to disclose any information that SheilaJoynes.net deems necessary to comply with any applicable law, regulation, legal process or governmental request. SheilaJoynes.net also may disclose your information when SheilaJoynes.net determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

You acknowledge and agree that SheilaJoynes.net may preserve any transmittal or communication by you with SheilaJoynes.net through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or SheilaJoynes.net determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of SheilaJoynes.net, its owners, employees, users of or visitors to the Site, and the public.

You agree that SheilaJoynes.net may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SheilaJoynes.net, for which monetary damages would be inadequate, and you consent to SheilaJoynes.net obtaining any injunctive or equitable relief that SheilaJoynes.net deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SheilaJoynes.net may have at law or in equity.

You agree that SheilaJoynes.net may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If SheilaJoynes.net does take any legal action against you as a result of your violation of these Terms of Use, SheilaJoynes.net will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SheilaJoynes.net. You agree that SheilaJoynes.net will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United Kingdom.

Void Where Prohibited

SheilaJoynes.net administers and operates the www.SheilaJoynes.net Site from its location in Worcestershire, United Kingdom .  Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations. SheilaJoynes.net reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. You choose to access the Site on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United Kingdom export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and SheilaJoynes.net with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SheilaJoynes.net with respect to such use are hereby superseded and cancelled. SheilaJoynes.net will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. SheilaJoynes.net’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by SheilaJoynes.net of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between SheilaJoynes.net and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The information contained in this web site is subject to change without notice.