Terms of Service

Your Agreement With Us

These Terms of Service are the agreement between you and The Elite Pianist, LLC for the use of the Elite Pianist website, memberships, live programming and replay content (together, the “Service”).

By creating an account, purchasing a membership, or otherwise using the Service, you accept these Terms and our Privacy Policy. If you are purchasing on behalf of a school, a senior living community or another organization, you also accept the Institutional Viewing License, and you confirm that you are authorized to enter into this agreement for that organization.

If you do not agree with these Terms, please do not purchase or use the Service.

Who We Are

The Service is provided by The Elite Pianist, LLC, a limited liability company organized under the laws of the Commonwealth of Pennsylvania, United States.

You can reach us at any time at support@elitepianist.com.

Eligibility and Age

To purchase a membership or hold an account, you must be at least 18 years old and able to enter into a binding agreement.

A parent or legal guardian may purchase a membership and provide access that is intended for their child. The parent or guardian remains the account holder and remains responsible for the membership and for how it is used.

A school may provide authorized programming and access to its students, including students who are minors, through an institutional membership. In that case the school — not the student — is the customer and the party to this agreement.

Nothing in these Terms should be read to mean that a minor independently enters into a paid subscription with us.

Individual Memberships

Live, Encore and Elite are individual memberships. They are sold to, and belong to, the named subscriber who purchases them.

The named subscriber may use the Service on their own devices. An individual membership may not be:

• transferred to another person;
• resold;
• shared so that it serves as another person’s subscription;
• shared with an institution;
• used to provide organized programming for a school;
• used to provide organized programming for a senior living facility; or
• used as a substitute for an institutional license.

Organizational and group use requires an institutional membership. See Institutional Memberships below and the Institutional Viewing License.

Simultaneous Streams

An individual membership permits up to two simultaneous streams, so the named subscriber is not interrupted when moving between their own devices.

The two-stream allowance does not authorize account sharing. It is a convenience for the named subscriber, not a second membership, and it does not create organizational or group viewing rights of any kind.

Institutional Memberships

Elite Pianist for Schools and Elite Pianist for Senior Living are institutional memberships. With an institutional membership, the institution is the customer.

A district that operates several schools does not automatically receive access for every school from a single membership. An operator that runs several senior living communities does not automatically receive access for every community from a single membership.

The full terms of what an institution is purchasing are set out in the Institutional Viewing License, which forms part of this agreement for institutional customers.

Elite Pianist for Schools

One Elite Pianist for Schools membership covers one physical school location.

How the membership is delivered inside that school is determined during onboarding with the school’s designated coordinator. Depending on the school, delivery may include facilitated classroom and group programming led by authorized faculty or staff, individual student access where that makes sense for the school, or a combination of both.

Where individual student access is provided

• eligibility comes through the licensed school;
• the access is associated with that school’s institutional program;
• the access may not be transferred;
• the access may not be sold;
• the access may not be used to give another school access;
• eligibility may end when the student is no longer eligible through the institution; and
• eligibility may end when the school’s institutional membership ends.

We may introduce and change the practical means by which student eligibility is established and periodically reconfirmed — for example enrollment links, institution codes, periodic reauthorization or school-managed eligibility — and we will work with the school’s coordinator when we do.

Elite Pianist for Senior Living

One Elite Pianist for Senior Living membership covers one physical community or facility.

How the membership is delivered inside that community is determined during onboarding with the community’s program coordinator. Depending on the community, delivery may include facilitated community programming presented by authorized staff in activity rooms, lounges, common areas, theaters and other appropriate resident-programming spaces; individual resident access where that is appropriate for the community; or a combination of both.

Where individual resident access is provided

• the access is associated with the licensed facility;
• the resident must be eligible through that facility;
• the access may not be transferred to friends or family;
• the access may not be sold;
• the access may not be used to provide another facility with access;
• eligibility may end when the resident is no longer associated with the licensed facility; and
• eligibility may end if the facility’s institutional membership ends.

Wherever practical, individual resident credentials should be used rather than distributing the institution’s shared account password.

Onboarding and Your Coordinator

Institutional memberships include onboarding. Each institutional customer identifies an appropriate representative — a program coordinator, facilitator, administrator, teacher or faculty contact, activity or programming staff member, or other suitable organizational representative — and we work with that person to determine the delivery method that makes the most sense for that institution and the people it serves.

That representative is our primary institutional contact, is responsible for how access is used within the institution, and should let us know when the appropriate contact changes.

Institutional Viewing Rights

An institutional membership provides organizational viewing rights for the uses permitted by the applicable license, at the licensed location.

• Schools. Authorized educational, classroom and school group programming at the licensed school location.
• Senior Living. Authorized resident programming and community or group viewing at the licensed community. Residents, appropriate guests and staff may take part in authorized programming at the licensed facility.

An institutional membership does not by itself authorize:

• public ticketed screenings;
• commercial public exhibitions;
• copying;
• recording;
• redistribution;
• uploading performances anywhere else;
• sublicensing;
• resale; or
• commercial distribution.

Public or ticketed events that are open to the general public, and any other use outside the institutional license, require separate written permission from The Elite Pianist, LLC. Write to support@elitepianist.com and we will be glad to discuss it.

Prohibited Uses

Whether your membership is individual or institutional, you agree not to:

• copy, download, record, screen-capture or otherwise reproduce the content, except where a feature of the Service is expressly provided for that purpose;
• redistribute, broadcast, retransmit, publicly perform or upload the content elsewhere;
• resell, rent, sublicense or otherwise commercialize your access;
• share account credentials outside what your membership permits;
• circumvent, disable or interfere with access controls, session limits or other security or authorization measures;
• use the Service to provide organized programming that your membership does not cover; or
• use the Service unlawfully, or in a way that disrupts it for anyone else.

Intellectual Property

The performances, recordings, commentary, written material, artwork, design, trademarks and other content that make up the Service belong to The Elite Pianist, LLC or to its licensors and contributing artists, and are protected by copyright and other laws.

Your membership grants a limited, personal or institutional, non-exclusive, non-transferable, revocable right to access and view the content through the Service, for the uses your membership permits and for as long as it remains active. No other right is granted, and no ownership transfers to you.

Billing and Payment

Memberships are paid in advance by card. Payments are processed by our payment processor, Stripe; we do not receive or store your full payment card number. See the Privacy Policy for how payment information is handled.

You agree to keep your billing details current and you authorize us, through our payment processor, to charge your payment method for the membership you have selected, including each renewal, until you cancel.

If a payment fails, we may retry it and may pause access until payment succeeds. Applicable taxes may be added where required.

Automatic Renewal

Recurring memberships automatically renew until canceled. A monthly recurring membership renews monthly. An annual recurring membership, where one is offered, renews annually.

The renewal terms and the price that apply to your membership are disclosed to you at purchase.

Cancellation

You may cancel a recurring membership. Cancellation stops future renewal charges.

Unless applicable law requires otherwise, or unless we have expressly stated otherwise for a specific offer, access continues through the end of the billing period you have already paid for, and then ends.

Individual members can cancel from the member area or by writing to support@elitepianist.com. Institutional customers should write to the same address.

Refunds

Membership payments are generally non-refundable once they have been charged.

We will consider exceptions for:

• duplicate charges;
• verified billing errors; and
• qualifying technical errors attributable to Elite Pianist.

We do not offer refunds for unused subscription time or for ordinary dissatisfaction. Nothing in this section limits any refund or cancellation right you have under applicable law that cannot be waived.

Price Changes

We may change our prices going forward. A price change does not retroactively alter a billing period you have already paid for.

Where required or otherwise appropriate, affected subscribers will receive advance notice before a changed price applies to a future renewal, and you may cancel if you do not wish to continue at the new price.

Trials and Promotional Offers

We may offer free trials, coupons, promotional pricing and introductory offers. The terms disclosed with a specific offer control that offer’s duration and conditions.

Temporary promotional pricing ends according to the terms disclosed with the offer. Where an offer converts into a recurring paid membership, the regular price and the renewal terms are disclosed during signup.

Live Programming

Live programming, performers, repertoire, schedules and availability may change. Except where we have separately and explicitly promised something for a specific event, we do not guarantee a particular number of live performances, particular future dates, or the continued availability of a particular performer or program.

We may reasonably postpone, reschedule, modify or cancel programming.

Replay and On-Demand Library

We may add to, remove from or otherwise change the content in our replay and on-demand library. Membership does not guarantee the permanent availability of any particular recording.

Which recordings a given membership may watch, and for how long, is described where that membership is presented.

Your Account and Its Security

You are responsible for the accuracy of your account information, for keeping your sign-in credentials confidential, and for activity that takes place through your account.

Institutional customers are responsible for how authorized staff and eligible participants use the access provided under their membership. Where individual participant credentials are issued, they should be used rather than a shared institutional password.

Please tell us promptly at support@elitepianist.com if you believe your account has been used without your authorization.

Suspension and Termination

We may suspend or terminate access for a material violation of the applicable agreement, including:

• nonpayment;
• unauthorized account sharing;
• unauthorized institutional use;
• copying, recording or redistribution;
• resale or sublicensing;
• attempts to circumvent access controls; or
• other material violations of these Terms or of the Institutional Viewing License.

Where it is reasonable to do so, we will contact you first and give you an opportunity to put things right. You may stop using the Service at any time by canceling your membership. Nothing in this section waives rights that cannot legally be waived.

Disclaimers

We work hard to make the Service reliable and worth your while, but the Service is provided “as is” and “as available.” We do not warrant that the Service will be uninterrupted, error-free, or free of every defect, and streaming depends on internet connections, devices and third-party platforms that are outside our control.

To the fullest extent permitted by law, we disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

Limitation of Liability

To the fullest extent permitted by law, The Elite Pianist, LLC will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue or lost data, arising out of or relating to the Service.

To the fullest extent permitted by law, our total liability arising out of or relating to the Service will not exceed the amount you paid us for the membership in the twelve months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability, and nothing here excludes or limits liability that cannot legally be excluded or limited — including, where applicable, liability for fraud, for personal injury caused by negligence, or under consumer protection laws that cannot be waived.

Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules, and subject to any applicable laws and consumer protections that cannot legally be waived.

Talk to us first

Before starting formal legal proceedings, please contact us at support@elitepianist.com and describe the problem. We will make a good-faith effort to resolve it with you informally. Most issues are settled faster and better this way, and we would genuinely rather hear from you.

If we cannot resolve it

If a dispute cannot be resolved informally, it will be brought in the appropriate state or federal courts located in Pennsylvania, to the extent legally permissible, and you and we each consent to the jurisdiction of those courts. Nothing in these Terms deprives you of the right to bring a matter before a small-claims court or a consumer protection authority where that right applies.

Changes to These Terms

We may update these Terms from time to time. When we do, we will change the “Last updated” date at the top of this page, and where the change is material we will give notice by reasonable means. Continuing to use the Service after an update means you accept the updated Terms.

How to Reach Us

Related documents: Privacy Policy and Institutional Viewing License.