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, individual 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 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.

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 organization;
• used to provide organized programming for a senior living community or any other organization; or
• used as a substitute for an institutional membership.

Organized group programming at a senior living community requires Elite Pianist Senior Living, which is an institutional membership with its own agreement. If you would like to arrange programming for an organization, write to support@elitepianist.com and we will be glad to discuss it.

What Each Membership Includes

There are three individual memberships. Each one renews monthly until it is canceled, and what each one includes is set out below. Prices are in U.S. dollars and are the current standard prices for new purchases.

Live — $7.99 per month

• the monthly live experience, at its scheduled time;
• the musical context and the story behind the music, presented as part of that experience;
• the live Q&A with the artist; and
• the performance as it is broadcast live, on whichever camera perspectives we are showing at the time.

Live does not include replay access, the performance library, or the viewer-controlled Choose Your Perspective feature described under Camera Perspectives.

Encore — $12.99 per month

• everything in Live;
• the replay of the applicable monthly performance, available for 30 days; and
• viewer-controlled Choose Your Perspective on supported replays.

Encore does not include the complete performance library.

Elite — $12.99 for the first month, then $19.99 per month

• everything in Live and Encore;
• replay access;
• the complete performance library that is available to Elite at the time, for as long as the Elite membership remains active; and
• viewer-controlled Choose Your Perspective on the supported performances in that library.

For the current Elite offer, eligible new members pay $12.99 for the first month. That is an introductory first-month price rather than a free trial. Beginning with the second month, the membership renews at $19.99 per month and continues to renew monthly until it is canceled. No coupon or promotion code is required for the current introductory offer — the price is applied at checkout.

Canceling stops future renewal charges, as described under Cancellation.

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.

Billing and Payment

Individual memberships are paid in advance, using the payment method you provide at checkout. Our payment processor, Stripe, handles the checkout and processes the payment; 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

Individual memberships automatically renew monthly until canceled. The renewal terms and the price that apply to your membership are disclosed to you at purchase.

The Elite introductory sequence

For the current Elite introductory offer, eligible new members pay $12.99 for the first month. Unless canceled, the membership then renews at $19.99 per month beginning with the second month, and continues to renew monthly at the then-applicable renewal price.

The first month is an introductory price, not a free trial, and $12.99 is not Elite’s standing monthly price.

Cancellation

You may cancel a recurring membership at any time. 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.

You can cancel from the billing section of the member area, or by writing to support@elitepianist.com.

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.

The move from the Elite introductory first-month price to the standing renewal price is not a price change in this sense: it is the pricing of the offer you purchased, disclosed at checkout and described under Automatic Renewal.

Trials and Promotional Offers

We may offer coupons, promotional pricing and introductory offers from time to time. 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 takes place at scheduled times, which are published in the member area and on our website. Performers, repertoire, schedules, dates, availability and the technical presentation of a performance 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. A future listing on a calendar is not a guarantee of a particular programme or repertoire.

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

How you join a live performance

Live programming is delivered through a third-party live-event platform, such as Zoom or another provider. Each live performance may use its own meeting or streaming link, and there is no permanent link that carries from one performance to the next.

The member area makes the applicable link available at or shortly before the scheduled performance, according to the Service’s current access procedures. We do not promise that a link will be delivered by email, or delivered a particular number of days in advance.

Access links are for authorized members only. You may not post a live-event link publicly, redistribute it to people who are not members, use it to provide an organization with access, sell it, or otherwise circumvent membership access requirements.

Because live programming depends on third-party platforms, internet connectivity and compatible devices, availability depends in part on services that are outside our control. See Disclaimers.

Replay and Performance Library

What a membership may watch after a live performance depends on the membership:

• Live does not currently include replay access, unless replay access is expressly included in a particular offer;
• Encore currently includes access to the applicable monthly performance replay for 30 days; and
• Elite currently includes access to the available performance and replay library for as long as the Elite membership remains active.

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.

The availability of a particular recording, programme, performer, repertoire item or viewing perspective may change.

Camera Perspectives

Some performances are filmed with more than one camera, for example a Main View of the artist and the instrument and an Overhead View of the keyboard.

During a live performance

A live performance may feature multiple camera perspectives, and Elite Pianist selects which perspective is shown during the broadcast. A member watching live may therefore see more than one perspective during the same performance, but does not choose between them.

On supported replays

On supported replays and library performances, eligible Encore and Elite members can use Choose Your Perspective to switch between the available camera views themselves, while they watch.

Whether multiple perspectives are available depends on the membership, on the particular performance, and on technical and production availability. Not every performance is filmed with more than one camera, and no performance is guaranteed to offer multiple perspectives.

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.

Your account and its credentials are for the named subscriber. An individual membership is not an institutional license and may not be used as a substitute for an institutional membership.

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

Prohibited Uses

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 group or organizational programming, which requires an institutional membership; 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, 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.

Suspension and Termination

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

• nonpayment;
• unauthorized account sharing;
• use of an individual membership for organizational or group programming;
• copying, recording or redistribution;
• resale or sublicensing;
• attempts to circumvent access controls; or
• other material violations of these Terms.

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, for senior living communities, the Senior Living Terms of Service and the Institutional Viewing License.