- Welcome to Georgian Polyphony!
1.1 Introduction: Joyous Host, IP (Tekle Erkvanidze 01024075761) (“Georgian Polyphony,” “we,” “us,” “our”) provides its services (described below) to you through its website located at georgianpolyphony.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES.
1.2 Modifications to Terms of Service: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services’ user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
- Access and Use of the Service
2.1 Use Description: The Georgian Polyphony service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Georgian Polyphony purchase we grant you a limited, non-exclusive, non-transferable, license to access the Georgian Polyphony content for six months and view your course(s) through the service on a streaming-only basis for that purpose. After six months, if user wants to repeat the course, needs to repurchase it at 20% discounts. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. We may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
2.3 Member Account, Password and Security:You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Georgian Polyphony of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Georgian Polyphony will not be liable for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Service:Georgian Polyphony reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Georgian Polyphony will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
2.5 General Practices Regarding Use and Storage:You acknowledge that Georgian Polyphony may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Georgian Polyphony’s servers on your behalf. You agree that Georgian Polyphony has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Georgian Polyphony reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Georgian Polyphony reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2.6 Mobile Services:The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Georgian Polyphony account information to ensure that your messages are not sent to the person that acquires your old number.
2.7 Money Back Guarantee: Unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as set forth in the refund policy applicable to any Service you purchase through a third-party marketplace, should you become dissatisfied with the Service within the first 60 minutes after purchase, Georgian Polyphony will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 60 minutes after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Georgian Polyphony’s sole discretion. If Georgian Polyphony determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 60-minute money back guarantee, email us at email@example.com
- Conditions of Use
3.1 Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Georgian Polyphony information regarding your credit card or other payment instrument. You represent and warrant to Georgian Polyphony that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Georgian Polyphony the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms of Service. You hereby authorize Georgian Polyphony to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. We reserve the right to change Georgian Polyphony’s prices. Although once you have already purchased the course, it shall not affect your access unless you want to purchase another course. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Georgian Polyphony’s net income.
3.2 Commercial Use: Unless otherwise expressly authorized herein or by Georgian Polyphony in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- Intellectual Property Rights
4.1 Service Content, Software and Trademarks:You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Georgian Polyphony, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Georgian Polyphony from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Georgian Polyphony, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Georgian Polyphony.
The Georgian Polyphony name and logos are trademarks and service marks of Georgian Polyphony (collectively the “Georgian Polyphony Trademarks”). Other Georgian Polyphony, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Georgian Polyphony. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Georgian Polyphony Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Georgian Polyphony Trademarks will inure to our exclusive benefit.
4.2 Third Party Material:Under no circumstances will Georgian Polyphony be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Georgian Polyphony does not pre-screen content, but that Georgian Polyphony and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Georgian Polyphony and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Georgian Polyphony, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated
4.3 Counter-Notice:If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Georgian Polyphony will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
- Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Georgian Polyphony has no control over such sites and resources and Georgian Polyphony is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Georgian Polyphony will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Georgian Polyphony is not liable for any loss or claim that you may have against any such third party.
- Social Networking Services
However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Georgian Polyphony shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Georgian Polyphony is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Georgian Polyphony is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Georgian Polyphony enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You agree that Georgian Polyphony, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Georgian Polyphony believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Georgian Polyphony may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Georgian Polyphony may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Georgian Polyphony will not be liable to you or any third party for any termination of your access to the Service.
These Terms of Service constitute the entire agreement between you and Georgian Polyphony and govern your use of the Service, superseding any prior agreements between you and Georgian Polyphony with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and Georgian Polyphony agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Georgian Polyphony to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Georgian Polyphony, but Georgian Polyphony may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Georgian Polyphony be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
You may also contact us by mail at:
42 Nutsubidze street, Tbilisi, Georgia. +995577717337