Payment Terms
1. INTRODUCTION AND ACCEPTANCE OF TERMS
These Payment Terms (the “Payment Terms”) set forth an agreement between you and OnlinePianist with respect to the subscription services and other paid services made available by OnlinePianist on or through the OnlinePianist Service. OnlinePianist’s website is located at www.OnlinePianist.com (the “OnlinePianist Site”). We refer to the OnlinePianist Site and the software applications made available by OnlinePianist as the “Service Applications”, and we refer to the Service Applications and the service provided through the Service Applications, collectively, as the “OnlinePianist Service”). These Payment Terms supplement the Terms of Service governing your use of the OnlinePianist Service (the “Terms of Service”), which are incorporated here by reference. Any capitalized terms used in these Payment Terms and not defined here will have the meanings set forth in the Terms of Service.
By using any of the OnlinePianist Services, or by creating a user account, you signify your acceptance of these Payment Terms, as they may be amended by OnlinePianist from time to time in its sole discretion. You may only use the OnlinePianist Service and/or open an account if your acceptance of these Payment Terms is not prohibited by applicable law. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. If you are younger than 18 years old, you must get permission from a parent or guardian to open an account and your parent or guardian must agree to these Payment Terms. If you do not agree to these Payment Terms, you will not be able to subscribe to the OnlinePianist Service, purchase music piano sheets or otherwise obtain other paid services made available by OnlinePianist from time to time, and your only remedy is to stop using the OnlinePianist Service. These Payment Terms are subject to change without prior written notice at any time, in OnlinePianist’s sole discretion, and, once made available on the OnlinePianist Site, such changes will apply to any existing subscription or paid services, or any new subscription, music piano sheet purchase or other paid services. You should review these Payment Terms each time you subscribe for, order and/or purchase any subscription, music piano sheet or other paid services offered by OnlinePianist. You will be deemed to have accepted these Payment Terms, as amended, if you continue to use the OnlinePianist Service after any amendments are posted on the OnlinePianist Site.
2. MINIMUM REQUIREMENTS
To subscribe for, purchase or otherwise obtain paid services on or through the OnlinePianist Service, you must provide certain Registration Information and obtain an OnlinePianist account. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. OnlinePianist (or its principals, where OnlinePianist is acting as a sales agent) sells its products only to those users who can legally make purchases with a credit card or other form of payment accepted by OnlinePianist . If you are under 18 years of age, you may conduct transactions on or through the OnlinePianist Service (such as the initiation of subscriptions or the purchase of music piano sheet) only with the involvement of a parent or guardian. OnlinePianist reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion. In the event that OnlinePianist terminates your or any gift recipient’s account for good reason due to a negligent breach or other violation of the Terms of Service or these Payment Terms, products and services purchased pursuant to these Payment Terms or the Terms of Service may be forfeited without any right to receive a refund.
3. ACCEPTABLE PAYMENT METHODS
OnlinePianist accepts various forms of payment, as set forth on the OnlinePianist Site from time to time. By subscribing for a service, purchasing a music piano sheet, or otherwise submitting an order for other paid services available through the OnlinePianist Service, you authorize OnlinePianist , or its designated payment processor, to charge the account you specify for the purchase amount. If OnlinePianist does not receive payment from your designated payment account, you agree to pay all amounts due upon demand by OnlinePianist. All payments are to be made in the currency in which your order is placed.
4. SUBSCRIPTION TERMS
4.1 Payment; Renewal
By subscribing to the OnlinePianist Service (and one of the corresponding OnlinePianist subscription tiers), you authorize OnlinePianist to charge the applicable recurring subscription fees to your designated billing payment method. In some cases, when you subscribe to a free trial of the OnlinePianist Service (and one of the corresponding OnlinePianist subscription tiers), you will be asked to authorize, and by accepting these Payment Terms you hereby expressly authorize, OnlinePianist to charge the applicable recurring subscription fees to your designated billing payment method upon the expiration of the free trial. When you initially subscribe to the OnlinePianist Service, you will be charged immediately for the initial term of the subscription at the then-current fee for the applicable subscription tier. When you initially subscribe to a free trial of the OnlinePianist Service, you will be not charged for the initial term of the free trial. Unless you notify OnlinePianist of your decision to terminate your subscription or, in some cases, your free trial, your subscription will automatically renew at the end of each subscription term or free trial (if applicable) at the then-current fee. You will be charged in advance for the renewal term of the subscription service (or initial term, in the case of a renewal following the expiration of an applicable free trial) on your applicable billing date (the “Charge Date”) (e.g., on a particular date each month for a monthly subscription). If, however, the activation date of your subscription (or, in some cases, your free trial) is on the 29th, 30th or 31st day of a month, and your Charge Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Charge Date for that particular renewal (or initial term, in the case of a renewal following the expiration of an applicable free trial) will be on the last day of the month in which your Billing Date would otherwise be. Each charge on the applicable Charge Date applies to the subscription period immediately following the Charge Date (e.g., a charge for a monthly subscription applies to the month immediately following the Charge Date). Your account may be deactivated without notice to you if payment is past due, regardless of the amount. If OnlinePianist deactivates your account, you may lose all of your collection data, history and other account usage information. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on the OnlinePianist Site.
4.2 Cancellation Free Trial
In most cases, if you subscribe to a free trial of the OnlinePianist Service, your trial subscription will automatically expire at the expiration of the trial period unless you affirmatively subscribe for a paid subscription prior to the expiration date. If you have not provided OnlinePianist with billing information previously, you will need to do so at that time. If your trial subscription expires and you do not subscribe to a paid subscription, you will still be able to access the OnlinePianist Site and use some of its features, however, you will no longer be able to, among other things, play full-length versions of piano tutorials or sync music with your compatible mobile device. However, in some cases, if you subscribe to a free trial of the OnlinePianist Service, your trial subscription will automatically renew at the expiration of the trial period in accordance with the terms above unless you affirmatively terminate your subscription prior to the renewal date.
Paid Subscriptions
To cancel an ongoing subscription, please follow the process set forth in your account settings on the OnlinePianist Site. Once you have cancelled your subscription, OnlinePianist will stop billing your applicable payment method until and unless you re-subscribe. All of the fees paid and charges made prior to termination are nonrefundable, and accordingly, if you pay for the OnlinePianist Service pursuant to a monthly subscription, all subscription amounts previously paid (including the subscription amount for the month in which the cancellation occurs), shall be nonrefundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges. You agree that OnlinePianist, in its sole discretion, with or without prior notice, may freeze or terminate your use of the subscription service for any reason, including, without limitation, if OnlinePianist believes that you have violated these Payment Terms or the Terms of Service. OnlinePianist may also in its sole discretion, and at any time, modify or discontinue providing the subscription service, or any part thereof, with or without notice. Additionally, you agree that OnlinePianist shall not be liable to you or any third-party for any interference with, or termination of, your access to the subscription service.
4.3 Billing Authorizations for Free Trial Memberships
You may be required to provide an applicable billing payment method to register for a free trial offer to the subscription service provided on or through the OnlinePianist Service. In that event, you agree that OnlinePianist may obtain a pre-authorization for the fee amount that you will be charged if you complete the free trial and continue the subscription service. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges, and OnlinePianist will not be responsible for any results, such as an overdraft fee, that may occur to your account as a result of such authorizations.
4.4 Additional Purchases during Free Trial Period
If you join a free OnlinePianist subscription service trial, you will not be billed for the free trial subscription service during the free trial period. However, you will be billed for any individual music piano sheets purchases or other services that you purchase.
4.5 Mobile Applications
You will be able to access your songbook and some aspects of the OnlinePianist Service on compatible mobile devices (through an applicable mobile Service Application). An Internet enabled mobile device on which you have downloaded the applicable mobile Service Application is required. Standard data and usage charges instituted by your mobile carrier may apply (and are not included in any subscription fee paid to OnlinePianist) and, accordingly, you should check with your mobile carrier regarding the terms of your individual data or usage plan.
4.6 Subscription Service Rates; Right to Change Subscription Service Rates
Subscription fees for each respective subscription tier are as set forth on the OnlinePianist Site or on or through a given Service Application. In some territories, OnlinePianist will be required to charge, and you agree to pay, applicable sales, use and other taxes in connection with your subscription to the OnlinePianist Service. All subscription fees (and applicable taxes, if any) are subject to change on a prospective basis on prior notice from OnlinePianist sent to your designated email address or otherwise described on the OnlinePianist Site. If you do not accept the new fees (and applicable taxes, if any), you should terminate your subscription immediately.
5. MUSIC PIANO SHEETS AND OTHER SERVICE PAYMENT TERMS
5.1 Music Piano Sheets
Music Piano Sheets are accomplished through OnlinePianist’s desktop Service. You are only entitled to one copy of any purchased music piano sheet download. OnlinePianist encourages you to only double check that your printer is working and has enough ink for printing. OnlinePianist will not be able to send another copy to you if you your purchase went through but the printing failed. In all cases, you bear all risk of loss for any products that you have purchased, including any loss due to a computer, printer crash. Sales of music piano sheets owned by Hal Leonard Corp are made to users directly by the Hal Leonard system, with OnlinePianist acting as agent on Hal Leonard’s behalf.
5.2 Payment
You agree to pay for all music piano sheets and any other items or services that you may purchase through the OnlinePianist Service. OnlinePianist may, in its discretion, post charges to your designated payment method individually or may aggregate your charges with other purchases you make on or through the OnlinePianist Service. You will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the payment method you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information through your OnlinePianist account settings on the OnlinePianist Site. If your payment method provider updates your billing information for you by providing revised billing information to OnlinePianist for your existing account, OnlinePianist will use that information to continue to bill your existing account.
5.3 Rates; Right to Change Rates
All music piano sheets purchases and other item/service fees are as set forth on the OnlinePianist Site or on or through a given Service Application. In some territories, OnlinePianist will be required to charge, and you agree to pay, applicable sales, use and other taxes in connection with your purchase. All music piano sheets purchases and other item/service fees (and applicable taxes, if any) are subject to change on a prospective basis on prior notice from music piano sheets purchases sent to your designated email address or otherwise described on the music piano sheets purchases Site. If you do not accept the new fees (and applicable taxes, if any), you should not continue with your music piano sheets purchases or other item/service purchase.
5.4 Refunds; Errors
All transactions for music piano sheets purchases or other items or services purchased through the OnlinePianist Service are final and OnlinePianist does not accept any returns. If you are using the OnlinePianist Service in countries within the European Union your statutory right of withdrawal remain unaffected. Technical problems might delay or prevent delivery of purchased products to you. Your sole remedy with respect to any music piano sheets purchases that are not successfully delivered, as will be determined exclusively by OnlinePianist’s servers, will be either replacement of the file or refund of the price paid for such content, in all cases, at OnlinePianist's discretion. In addition, OnlinePianist may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit with a value at least equal to the amount charged to your designated payment method. OnlinePianist reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Unless you notify OnlinePianist of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your payment statement, they will be deemed accepted by you and you release OnlinePianist from all liabilities and claims of loss resulting from any such error or discrepancy.
6. CUSTOMER SERVICE
For assistance with billing questions or other order inquiries, please refer to OnlinePianist’s help pages. You can also contact us here.
9. MISCELLANEOUS
These Payment Terms, together with the Terms of Service and Privacy Policy, constitute the entire agreement between you and OnlinePiansit regarding your use of the OnlinePiansit Service. In the event of a conflict between these Payment Terms and the Terms of Service, these Payment Terms will govern.
