Frequently Asked Questions
Parents and Guardians: Please review these terms and conditions carefully before you use and allow your children to use the VirtuosoTV website. If you would like to allow your children to have access to the Website, you must register and provide consent for your children to access and use the Website. You will be asked to select a password. You will be allowed to select usernames and passwords for each of your children's use only. You must also give consent to allow your children to be recorded by a Registered Instructor during each child's music lesson.
Terms and Conditions
Last updated on: March 1, 2010
PLEASE READ CAREFULLY: This End-User License Agreement (the “Agreement”) is a legal contract between you and VirtuosoTV, LLC (collectively, “us,” we,” or “VirtuosoTV”), which operates and manages the VirtuosoTV website and service (collectively, the “VirtuosoTV Website” or the “Website”). By purchasing a subscription to the Website or by accessing or using the VirtuosoTV Website, you are agreeing to be bound by these Terms and Conditions and all applicable laws and regulations. If you do not agree with any of these Terms and Conditions, you are prohibited from using or accessing this Website. VirtuosoTV may modify, update, and/or delete any or all parts of the Website at any time without notice. Your continued use of the Website following any modifications, updates and/or deletions indicates your acceptance of such modifications or updates. We reserve the right to restrict access to any or all parts of the Website without notice or liability. If you do not agree to the Terms and Conditions herein, you may not use, access, upload information to or download information from the Website.
BY CLICKING THE ACCEPT BUTTON PROVIDED BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE VIRTUOSOTV SOFTWARE PRODUCT, WHICH INCLUDES COMPUTER SOFTWARE AND, AS APPLICABLE, ASSOCIATED MEDIA, PRINTED MATERIALS, AND “ONLINE” OR ELECTRONIC DOCUMENTATION (THE “SOFTWARE APPLICATION”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABLITY AND TERMIATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION, AND EXIT NOW.
You are solely responsible for the content, text, information, photos, video, audio, images, graphics, or other information that you publish, display, upload, or post on the Website, or transmit to other users through the Website (collectively “User Content"). You understand and agree that VirtuosoTV may, but is not obligated to, review and delete or remove any of the User Content, without prior notice, that, in the sole judgment of VirtuosoTV, violates these Terms and Conditions or for any other reason.
Registered Instructors of the VirtuosoTV Website are authorized to access, view, browse, upload and print Website Content. Registered Instructors are also authorized to download the Software Application and upload videos of music lessons given by the Registered Instructor to a Registered Student (the “Music Lesson Video”). Registered Instructors may also post public written messages, information, photos, images and graphics on the Website through a personal computer or other access device that uses a communications connection.
Registered Students of the VirtuosoTV Website are authorized to access, view, upload, browse and print Website Content, and may post public written messages, information, photos, images and graphics on the Website through a personal computer or other access device that uses a communications connection. However, Registered Students may not download the Software Application from the Website.
Registered Inviteesof the VirtuosoTV Website are authorized to access, view, browse and print Website Content related to a Registered Student that sent such Registered Invitee an invitation. Registered Invitees are also authorized to post public written messages on the Website through a personal computer or other access device that uses a communications connection. Registered Invitees may not download the Software Application or upload Music Lesson Videos from or to the Website.
Any additional rules governing the use of Website Content, User Content, Software Application, and other items accessible on the VirtuosoTV Website may be included elsewhere within the Website, and such rules are incorporated into these Terms and Conditions by reference.
If you violate any of these Terms and Conditions, your permission to use the Website Content, User Content and Software Application automatically terminates and you must immediately destroy any copies you have made of any portion thereof, other than your personal User Content. In addition, if applicable and under the sole discretion of VirtuosoTV, your account on the Website may be suspended or terminated at any time.
You will not upload, post, transmit or otherwise make available any communication or User Content, including but not limited to, any photographs, images, icons, videos, audio or other content, to any portion of the Website, which infringes or violates any third party rights, or which is unlawful, harmful, threatening, abusive, harassing, slanderous, libelous, vulgar, obscene, invasive of another’s privacy, or hateful (“User Submission Requirements”). Your submission of any communication or User Content means you agree that such submission meets these User Submission Requirements and is non-confidential for all purposes.
Uploading photographs, videos, images and the like of other people without their permission is strictly prohibited. By submitting any communications, User Content and/or intellectual property to the Website, you automatically warrant that you have permission from all individuals appearing in the communication, User Content and/or intellectual property, to provide such submission and to grant the rights provided herein. The copyright to photographs, images and videos of celebrities, cartoon characters, and comic images is usually owned by the creator of such works.
By submitting any communications, User Content and/or intellectual property of any type to us, you automatically warrant that the owner of such communication, User Content and/or intellectual property has expressly granted to VirtuosoTV a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication, content and/or intellectual property in any media or medium, or any form, format, or forum now known or hereafter developed. VirtuosoTV may sublicense its rights through multiple tiers of sublicenses.
You will not upload any communication or User Content that contains software viruses or any other computer software routine intended or designed to or which has the capacity to: (i) permit access or use of the Website or VirtuosoTV’s systems by any person not authorized by VirtuosoTV; or (ii) disable, damage, erase, disrupt or impair the normal operation of the Website or any other software or data on Virtuoso’s and its users’ computer systems.
We reserve the right to review all communications and User Content submitted to the Website prior to displaying the communication and/or User Content on the Website and to remove any communication or User Content for any reason, at any time, without prior notice, at VirtuosoTV’s sole discretion.
IN NO EVENT WILL virtuosoTV OR ANY OF ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website BE LIABLE to you or to any third party for any damages of the types described above related to the reliability, efficacy, currentness, completeness, timeliness, or opinions of third-party websites to which links are provided on the website. you agree to access such third-party websites at your own risk.
THE AGGREGATE LIABILITY OF virtuosotv, ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website FOR ALL CLAIMS SHALL NOT EXCEED THE SUM OF THE FEES PAID BY A registered Instructor, registered student or registered invitee TO virtuosotv DURING THE PREVIOUS 12 MONTH PERIOD. any claims arising in connection with your use of the website, website content, or any public area must be brought within one (1) year of the date of the event giving rise to such action, and such claims must be brought in the jurisdiction defined by these Terms and conditions. you agree that all remedies set forth in these Terms and Conditions are exclusive and are limited to those expressly provided herein.
(i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Website;
(iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
(v) A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent for receiving notifications of claimed infringement is:
Dr. Tim Enright VirtuosoTV, LLC
156 Canterbury Road
Rochester, New York 14607 email: tenright@virtuosotv.com Telephone: (585) 415-5534
In an effort to protect the rights of copyright owners, VirtuosoTV has adopted and maintains a policy for the termination, when appropriate, of Registered Users of the Website who are repeat infringers.
For purposes of this policy, a “repeat offender” may be a non-Registered User or Registered User who has been notified by VirtuosoTV, either via email or in writing, of an actual or alleged copyright infringement associated with the non-Registered User or Registered User on three (3) or more separate occasions. Such a determination will be made in the sole discretion of VirtuosoTV and VirtuosoTV is not required to seek judicial validation of any kind in making this determination. All decisions to terminate the services provided by VirtuosoTV to such a repeat offender, including but not limited to registration and/or subscription to the Website, will be final. VirtuosoTV shall make a good faith effort to provide notice to the repeat offender upon making such determination and prior to termination. VirtuosoTV also reserves the right to terminate any and all services provided to a non-Registered User or Registered User, including but not limited to registration and/or subscription to the Website, after a single violation of these Terms and Conditions.
b. Entire Agreement. This Agreement may only be amended by a written document signed by all parties. There are no representations, warranties, or obligations of any party not expressly contained herein.
c. Governing Law and Dispute Resolution. This Agreement will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. In the event that any legal proceedings are commenced with respect to any matter arising under this Agreement, the parties specifically consent and agree that the courts of the State of New York and/or the Federal Courts located in the State of New York will have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action will be in Monroe County, New York and/or the U.S. District Court for the Western District of New York. Additionally, the party that loses any such proceeding will pay all costs and expenses incurred by the other party(s) in connection therewith, including all attorneys’ and other professional fees and expenses.
d. Partial Invalidity. If any provision of this Agreement is held invalid or unenforceable by competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of this Agreement will not affect its other provisions and this Agreement will be construed in all respects as if the invalid or unenforceable provision were omitted.
Last updated on: March 1, 2010
PLEASE READ CAREFULLY: This End-User License Agreement (the “Agreement”) is a legal contract between you and VirtuosoTV, LLC (collectively, “us,” we,” or “VirtuosoTV”), which operates and manages the VirtuosoTV website and service (collectively, the “VirtuosoTV Website” or the “Website”). By purchasing a subscription to the Website or by accessing or using the VirtuosoTV Website, you are agreeing to be bound by these Terms and Conditions and all applicable laws and regulations. If you do not agree with any of these Terms and Conditions, you are prohibited from using or accessing this Website. VirtuosoTV may modify, update, and/or delete any or all parts of the Website at any time without notice. Your continued use of the Website following any modifications, updates and/or deletions indicates your acceptance of such modifications or updates. We reserve the right to restrict access to any or all parts of the Website without notice or liability. If you do not agree to the Terms and Conditions herein, you may not use, access, upload information to or download information from the Website.
BY CLICKING THE ACCEPT BUTTON PROVIDED BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE VIRTUOSOTV SOFTWARE PRODUCT, WHICH INCLUDES COMPUTER SOFTWARE AND, AS APPLICABLE, ASSOCIATED MEDIA, PRINTED MATERIALS, AND “ONLINE” OR ELECTRONIC DOCUMENTATION (THE “SOFTWARE APPLICATION”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABLITY AND TERMIATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION, AND EXIT NOW.
1. Terms & Use.
Any designs, text, graphics, photographs, images, video, audio files, and other files or materials, and their selection and arrangement, provided by or accessed through the Website (“Website Content”), and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights are the property of VirtuosoTV or its licensors. All rights not expressly granted herein are reserved for VirtuosoTV or its licensors. Registered Instructors, Registered Students and Registered Invitees (collectively, “Registered Users”) may use the Website Content only for personal, non-commercial use as outlined below. All other uses of the Website Content are strictly prohibited. By registering on the Website, you hereby give permission to VirtuosoTV and its Registered Users permission to use and publish on the Website your name, picture, voice, and/or likeness for all purposes.You are solely responsible for the content, text, information, photos, video, audio, images, graphics, or other information that you publish, display, upload, or post on the Website, or transmit to other users through the Website (collectively “User Content"). You understand and agree that VirtuosoTV may, but is not obligated to, review and delete or remove any of the User Content, without prior notice, that, in the sole judgment of VirtuosoTV, violates these Terms and Conditions or for any other reason.
Registered Instructors of the VirtuosoTV Website are authorized to access, view, browse, upload and print Website Content. Registered Instructors are also authorized to download the Software Application and upload videos of music lessons given by the Registered Instructor to a Registered Student (the “Music Lesson Video”). Registered Instructors may also post public written messages, information, photos, images and graphics on the Website through a personal computer or other access device that uses a communications connection.
Registered Students of the VirtuosoTV Website are authorized to access, view, upload, browse and print Website Content, and may post public written messages, information, photos, images and graphics on the Website through a personal computer or other access device that uses a communications connection. However, Registered Students may not download the Software Application from the Website.
Registered Inviteesof the VirtuosoTV Website are authorized to access, view, browse and print Website Content related to a Registered Student that sent such Registered Invitee an invitation. Registered Invitees are also authorized to post public written messages on the Website through a personal computer or other access device that uses a communications connection. Registered Invitees may not download the Software Application or upload Music Lesson Videos from or to the Website.
Any additional rules governing the use of Website Content, User Content, Software Application, and other items accessible on the VirtuosoTV Website may be included elsewhere within the Website, and such rules are incorporated into these Terms and Conditions by reference.
If you violate any of these Terms and Conditions, your permission to use the Website Content, User Content and Software Application automatically terminates and you must immediately destroy any copies you have made of any portion thereof, other than your personal User Content. In addition, if applicable and under the sole discretion of VirtuosoTV, your account on the Website may be suspended or terminated at any time.
2. Limitations on Use.
You may not: a. rent, lease or lend the Software Application; b. reverse engineer, decompile or disassemble the Software Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; c. modify or copy the materials; d. use the materials for any commercial purpose, or for any public display (commercial or non-commercial); e. remove any copyright or other proprietary notations from the materials; or f. transfer the materials to another person or "mirror" the materials on any other server.3. User Submissions.
The personally identifiable information you submit to the Website will be treated by VirtuosoTV in accordance with the VirtuosoTV Website’s Privacy Policy. To the extent there is an inconsistency between these Terms and Conditions and the VirtuosoTV Website Privacy Policy, these Terms and Conditions shall govern.You will not upload, post, transmit or otherwise make available any communication or User Content, including but not limited to, any photographs, images, icons, videos, audio or other content, to any portion of the Website, which infringes or violates any third party rights, or which is unlawful, harmful, threatening, abusive, harassing, slanderous, libelous, vulgar, obscene, invasive of another’s privacy, or hateful (“User Submission Requirements”). Your submission of any communication or User Content means you agree that such submission meets these User Submission Requirements and is non-confidential for all purposes.
Uploading photographs, videos, images and the like of other people without their permission is strictly prohibited. By submitting any communications, User Content and/or intellectual property to the Website, you automatically warrant that you have permission from all individuals appearing in the communication, User Content and/or intellectual property, to provide such submission and to grant the rights provided herein. The copyright to photographs, images and videos of celebrities, cartoon characters, and comic images is usually owned by the creator of such works.
By submitting any communications, User Content and/or intellectual property of any type to us, you automatically warrant that the owner of such communication, User Content and/or intellectual property has expressly granted to VirtuosoTV a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication, content and/or intellectual property in any media or medium, or any form, format, or forum now known or hereafter developed. VirtuosoTV may sublicense its rights through multiple tiers of sublicenses.
You will not upload any communication or User Content that contains software viruses or any other computer software routine intended or designed to or which has the capacity to: (i) permit access or use of the Website or VirtuosoTV’s systems by any person not authorized by VirtuosoTV; or (ii) disable, damage, erase, disrupt or impair the normal operation of the Website or any other software or data on Virtuoso’s and its users’ computer systems.
We reserve the right to review all communications and User Content submitted to the Website prior to displaying the communication and/or User Content on the Website and to remove any communication or User Content for any reason, at any time, without prior notice, at VirtuosoTV’s sole discretion.
4. Subscription Fees and Refund Policy.
You agree to pay all fees and charges incurred in connection with the subscription to the VirtuosoTV Website. You also agree to pay all taxes (including sales taxes, use taxes, value-added taxes, or other taxes) and shipping fees associated with your subscription to, purchases on, and/or other use of the Website. Fees charged by VirtuosoTV in connection with your use of the Website may change at any time without advanced notice. All fees and charges due to VirtuosoTV shall be paid by you through credit card, PayPal, or e-check. You must be 18 years of age or older to subscribe to the Website. Refunds may be requested within the first thirty (30) days of the initial subscription purchase by contacting VirtuosoTV at support@VirtuosoTV.com. The email sent date of the refund request will be used to determine if the refund request falls within the allowable timeframe. After thirty (30) days, your credit card will continue to be charged at the subscription rate for monthly fees. You may cancel at any time, however after the first thirty (30) days of the initial subscription purchase, pre-paid subscription fees will not be refunded.5. Disclaimer of Warranty.
THE VIRTUOSOTV WEBSITE, THE WEBSITE CONTENT AND THE SOFTWARE APPLICATION ARE PROVIDED "AS IS." VIRTUOSOTV MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, VIRTUOSOTV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, EFFICACY, CURRENTNESS, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE WEBSITE OR THE WEBSITE CONTENT OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.6. Limitations.
IN NO EVENT SHALL VIRTUOSOTV OR ITS SUPPLIERS, LICENSORS, AGENTS, OR THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY delay, failure, interruption of service, LOSS OF USE, lost DATA, corruption of data, lost PROFIT, lost REVENUE, diminished GOODWILL, personal injury, wrongful death, fraudulent, misrepresentation, OR any OTHER INDIRECT, INCIDENTAL, special, punative, exemplary, OR CONSEQUENTIAL DAMAGES, arising from or related to the website, the website content, and/or your use or inability to use the website or the website content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Virtuosotv, OR ANY OF ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website Have BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL virtuosoTV OR ANY OF ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website BE LIABLE to you or to any third party for any damages of the types described above related to the reliability, efficacy, currentness, completeness, timeliness, or opinions of third-party websites to which links are provided on the website. you agree to access such third-party websites at your own risk.
THE AGGREGATE LIABILITY OF virtuosotv, ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website FOR ALL CLAIMS SHALL NOT EXCEED THE SUM OF THE FEES PAID BY A registered Instructor, registered student or registered invitee TO virtuosotv DURING THE PREVIOUS 12 MONTH PERIOD. any claims arising in connection with your use of the website, website content, or any public area must be brought within one (1) year of the date of the event giving rise to such action, and such claims must be brought in the jurisdiction defined by these Terms and conditions. you agree that all remedies set forth in these Terms and Conditions are exclusive and are limited to those expressly provided herein.
7. Indemnity.
You will indemnify and hold VirtuosoTV, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, and liabilities, due to or arising out of your use of the Website and/or your violation of these Terms and Conditions, and you shall pay all costs, expenses, settlements and damages finally awarded, including reasonable attorney’s fees.8. Passwords.
Each Registered User will select a username and password upon completing the registration and/or subscription process. Registered Users are fully responsible for maintaining the confidentiality of their username and password. Registered Users agree to immediately notify VirtuosoTV at support@VirtuosoTV.com should the Registered User know, or have reasonable grounds to suspect that his or her username and password have been compromised. We shall not be responsible for the Registered User’s failure to abide by this paragraph. You agree not to use the account, email address, or password of any other Registered User at any time. You are solely responsible for all activity by anyone using your account and/or password, regardless of whether you had or have knowledge of such use.9. Copyright Policy.
If you are a copyright owner or an agent thereof and believe that any of the Website Content, the User Content, or other content or material on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing as outlined in 17 U.S.C. §512(c)(3):(i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Website;
(iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
(v) A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent for receiving notifications of claimed infringement is:
Dr. Tim Enright VirtuosoTV, LLC
156 Canterbury Road
Rochester, New York 14607 email: tenright@virtuosotv.com Telephone: (585) 415-5534
In an effort to protect the rights of copyright owners, VirtuosoTV has adopted and maintains a policy for the termination, when appropriate, of Registered Users of the Website who are repeat infringers.
10. Termination Policy for Repeat Infringers.
All Registered Users must be on notice that should VirtuosoTV directly or indirectly become aware of actual or alleged repeat offenses involving the prevailing copyright laws of the United States, codified in Title 17 of the United States Code, then any and all services provided by VirtuosoTV to such a repeat offender, including but not limited to registration and/or subscription to the Website may be terminated within seven (7) business days of such determination or less.For purposes of this policy, a “repeat offender” may be a non-Registered User or Registered User who has been notified by VirtuosoTV, either via email or in writing, of an actual or alleged copyright infringement associated with the non-Registered User or Registered User on three (3) or more separate occasions. Such a determination will be made in the sole discretion of VirtuosoTV and VirtuosoTV is not required to seek judicial validation of any kind in making this determination. All decisions to terminate the services provided by VirtuosoTV to such a repeat offender, including but not limited to registration and/or subscription to the Website, will be final. VirtuosoTV shall make a good faith effort to provide notice to the repeat offender upon making such determination and prior to termination. VirtuosoTV also reserves the right to terminate any and all services provided to a non-Registered User or Registered User, including but not limited to registration and/or subscription to the Website, after a single violation of these Terms and Conditions.
11. Copyright Notices & Trademark Ownership.
The Website Content is protected by the copyright, trademark, and other intellectual property laws of the United States and foreign countries. Title to the Website Content and any associated intellectual property remains with VirtuosoTV or its licensors. The trademarks, service marks, trade dress, and logos displayed on the Website and/or included in the Website Content are owned by VirtuosoTV. All rights are reserved. You may not use, copy, modify, or otherwise exploit these trademarks, service marks, trade dress, and logos without the prior written consent of VirtuosoTV.12. Links.
VirtuosoTV has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by VirtuosoTV of the site. Use of any such linked Website is at the user's own risk.13. General Provisions.
a. Waiver. No waiver of a breach of any term of this Agreement will be effective unless in writing and duly executed by the waiving party. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of this Agreement. No failure on the part of a party to exercise, and no delay in exercising, any of its rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend or discharge any part of this Agreement or the rights or obligations of any party hereunder.b. Entire Agreement. This Agreement may only be amended by a written document signed by all parties. There are no representations, warranties, or obligations of any party not expressly contained herein.
c. Governing Law and Dispute Resolution. This Agreement will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. In the event that any legal proceedings are commenced with respect to any matter arising under this Agreement, the parties specifically consent and agree that the courts of the State of New York and/or the Federal Courts located in the State of New York will have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action will be in Monroe County, New York and/or the U.S. District Court for the Western District of New York. Additionally, the party that loses any such proceeding will pay all costs and expenses incurred by the other party(s) in connection therewith, including all attorneys’ and other professional fees and expenses.
d. Partial Invalidity. If any provision of this Agreement is held invalid or unenforceable by competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of this Agreement will not affect its other provisions and this Agreement will be construed in all respects as if the invalid or unenforceable provision were omitted.