Terms of Service

Last Updated: Sunday, July 28, 2024

These terms of service ("Terms") govern your access to and use of the www.mkeavemusic.com website (the "Website"), owned and operated by Absurdity LLC ("we," "us," or "Milwaukee Avenue Music"). By accessing or using the Website and/or purchasing any number of lessons, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from accessing or using the Website or purchasing lessons.

Section 1 - Services and Studio Guidelines:

1.1 Milwaukee Avenue Music operates a music lesson studio specializing in piano and music lessons. By signing up for any services offered through the Website or in person, you acknowledge and agree to comply with the studio guidelines ("Guidelines") established by Milwaukee Avenue Music. These Guidelines may include, but are not limited to, rules regarding conduct, schedules, cancellation policies, and payment terms.

1.2 Milwaukee Avenue Music reserves the right to update or modify the Guidelines at any time. Any modifications to the Guidelines will be effective immediately upon posting on the Website. It is your responsibility to review the Guidelines periodically to ensure your continued compliance.

Section 2 - Indemnification:

2.1 To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Milwaukee Avenue Music, Absurdity LLC, and its agents, contractors, subsidiaries, employees, and affiliates ("Indemnified Parties") from and against all claims, liabilities, damages, losses, costs, or expenses (including but not limited to attorney's fees) arising from or in connection with:

(a) Your access to or use of the Website;

(b) Your violation of these Terms;

(c) Your violation of any rights of any third party;

(d) Any content or information you submit, post, or transmit on or through the Website;

(e) Your interaction with any other users of the Website;

(f) Any injury, harm, or damage occurring on any real property rented or owned by the Indemnified Parties.

Section 3 - Limitation of Liability:

3.1 To the fullest extent permitted by applicable law, Milwaukee Avenue Music, Absurdity LLC, and its agents, contractors, subsidiaries, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your access to or use of the Website or the services provided therein.

Section 4 - Intellectual Property:

4.1 All content and materials available on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, are the property of Milwaukee Avenue Music, Absurdity LLC, or their respective owners and are protected by intellectual property laws.

4.2 You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its content solely for personal, non-commercial purposes. You may not modify, reproduce, distribute, sell, lease, or create derivative works based on any part of the Website or its content, unless expressly authorized in writing by Milwaukee Avenue Music or the respective owners.

Section 5 - Governing Law and Jurisdiction:

5.1 These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the jurisdiction where Absurdity LLC is registered, without regard to its conflict of laws provisions.

5.2 Any disputes arising out of or relating to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts located in the jurisdiction where Absurdity LLC is registered.

Section 6 - Miscellaneous:

6.1 These Terms constitute the entire agreement between you and Milwaukee Avenue Music, superseding any prior agreements or understandings, whether written or oral, relating to the subject matter herein.

6.2 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

6.3 Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

6.4 You may not assign or transfer these Terms, in whole or in part, without the prior written consent of Milwaukee Avenue Music. Milwaukee Avenue Music may freely assign or transfer these Terms without restriction.

6.5 These Terms are binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.

Section 7 - Use of Student Names, Voices, Performances, and Likeness:

7.1 By enrolling in music lessons or participating in any activities provided by Milwaukee Avenue Music, you acknowledge and agree that Absurdity LLC and/or Milwaukee Avenue Music may capture, record, or photograph student names, voices, performances, and likeness in any and all forms of media, including but not limited to audio recordings, photographs, videos, digital media, and any form of media to be created in the future (collectively referred to as "Media").

7.2 Milwaukee Avenue Music may request that a release be signed by the student and/or the legal guardian of the student, granting Absurdity LLC and/or Milwaukee Avenue Music unlimited, universal rights to use, reproduce, monetize, or sell the Media to third parties without providing recompense or remuneration to the student and/or guardian in perpetuity.

7.3 By signing the release, you understand and agree that the Media may be used for various purposes, including but not limited to marketing, advertising, promotional materials, website content, social media posts, educational materials, and any other lawful purposes determined by Absurdity LLC and/or Milwaukee Avenue Music.

7.4 You acknowledge and agree that Absurdity LLC and/or Milwaukee Avenue Music shall have the right to edit, modify, combine, or create derivative works from the Media as they deem appropriate, without requiring any additional consent or approval from the student or the legal guardian.

7.5 You further acknowledge and agree that Absurdity LLC and/or Milwaukee Avenue Music shall have the right to sublicense the Media to third parties, including but not limited to partners, affiliates, or contractors, for the purposes mentioned in section 7.3.

7.6 Absurdity LLC and/or Milwaukee Avenue Music shall have the sole discretion to determine the duration, extent, and manner in which the Media is used, reproduced, monetized, or sold, without any obligation to provide notice or seek further consent from the student or the legal guardian.

7.7 You understand and agree that once the Media is captured and released to Absurdity LLC and/or Milwaukee Avenue Music, you and the student relinquish any rights, claims, or interests in the Media and waive any right to inspect or approve the final products or materials in which the Media may be used.

7.8 Absurdity LLC and/or Milwaukee Avenue Music shall make reasonable efforts to protect the privacy and confidentiality of students in the use of Media. However, Absurdity LLC and/or Milwaukee Avenue Music shall not be held responsible for any unauthorized use or disclosure of the Media by third parties.

7.9 If you do not wish for the student's names, voices, performances, or likeness to be used in any form of Media as described in this section, please inform Milwaukee Avenue Music in writing before the commencement of lessons or activities.

Section 8 - Arbitration Clause:

8.1 Any dispute, claim, or controversy arising out of or relating to these Terms, including but not limited to their formation, interpretation, breach, termination, or validity, shall be resolved through binding arbitration in accordance with the laws of the state of Wisconsin.

8.2 The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, the arbitrator shall be appointed by the American Arbitration Association (AAA) in accordance with its rules and procedures.

8.3 The arbitration shall be conducted in Milwaukee, Wisconsin, or such other location as agreed upon by the parties. The arbitration proceedings shall be conducted in the English language.

8.4 The arbitrator's decision and award shall be final and binding on both parties. The arbitrator shall have the authority to grant any relief or remedy that would be available in a court of law, including but not limited to monetary damages, injunctive relief, and declaratory relief.

8.5 The prevailing party in any arbitration proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with the arbitration.

8.6 The parties agree to waive any rights to bring or participate in any class action, consolidated, or representative proceeding in arbitration or in court. The arbitrator shall have no authority to consolidate or join the claims of other individuals or parties who may be similarly situated.

8.7 The arbitration shall be confidential, except as necessary to enforce or challenge an arbitration award. The parties and the arbitrator shall maintain the confidentiality of the arbitration proceedings and any award, except as otherwise required by law or agreed upon by the parties.

8.8 This arbitration clause is subject to the Federal Arbitration Act and shall be interpreted and enforced in accordance with its provisions.

8.9 Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or to enforce the provisions of section 7 (Use of Student Names, Voices, Performances, and Likeness) of these Terms.

Section 9 - Security Cameras:

9.1 Milwaukee Avenue Music utilizes security cameras inside the studio premises for the purpose of maintaining a safe and secure environment for students, guests of the studio, the public, and the protection of studio property.

9.2 The security cameras may capture footage in the form of video and/or audio recordings (collectively referred to as "Security Footage"). The Security Footage may include the names, voices, performances, and likeness of individuals present within the studio premises.

9.3 You acknowledge and agree that the Security Footage captured by the security cameras is subject to the provisions outlined in section 7 (Use of Student Names, Voices, Performances, and Likeness) of these Terms.

9.4 By enrolling in music lessons or entering the studio premises, you grant Absurdity LLC and/or Milwaukee Avenue Music unlimited, universal rights to use, reproduce, monetize, or sell the Security Footage, as described in section 7, without providing recompense or remuneration to the individuals captured in the Security Footage, in perpetuity.

9.5 The Security Footage may be used for purposes including but not limited to monitoring and ensuring the safety and security of individuals and studio property, investigating and preventing misconduct or unlawful activities, and complying with legal obligations.

9.6 Absurdity LLC and/or Milwaukee Avenue Music shall make reasonable efforts to protect the privacy and confidentiality of individuals captured in the Security Footage. However, Absurdity LLC and/or Milwaukee Avenue Music shall not be held responsible for any unauthorized use or disclosure of the Security Footage by third parties.

9.7 Absurdity LLC and/or Milwaukee Avenue Music may retain the Security Footage for a reasonable period, as determined by Absurdity LLC and/or Milwaukee Avenue Music in accordance with applicable laws and regulations.

9.8 Absurdity LLC and/or Milwaukee Avenue Music shall comply with all applicable laws and regulations regarding the collection, storage, and use of the Security Footage, including but not limited to data protection and privacy laws.

If you have any questions or concerns regarding these Terms or the Website, please contact us at:

Milwaukee Avenue Music

1011 Milwaukee Avenue Suite 100

South Milwaukee, WI, 53127

mkeavemusic@gmail.com

414-207-4229

By using the www.mkeavemusic.com website, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.