TERMS & CONDITIONS OF PURCHASE
Last Updated on 01 JAN 2020
Terms & Conditions of Purchase
You are purchasing access for one (1) person to participate in the 10-Day Vocal Transformation Challenge and/or access to the Vocal Essentials Digital Course for one (1) person (collectively, “The Programs”), run by Green Room Enterprise Limited T/A Christine Samson Music and Arts Studio (the “Company,” “we,” or “us”). 

You must be at least 13 years of age or older to purchase and participate in the program. Children under the age of majority should review this Agreement with their parent or legal guardian.

By purchasing access to The Programs, you and the Company hereby agree to these Terms and Conditions of Purchase and the Company’s Terms of Use and Privacy Policy (collectively, this “Agreement”) following legal terms and conditions that govern your use of The Programs and that form a legal agreement between you and the Company. In the event of any conflict between these Terms and Conditions of Purchase and the Terms of Use or Privacy Policy, these Terms and Conditions of Purchase shall control.
THE SECTION BELOW TITLED “CLASS ACTION WAIVER” CONTAIN A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
PAYMENT POLICY

You are responsible to pay for The Programs selected in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method.

INTELLECTUAL PROPERTY
You agree that The Programs contains proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading Product files to sharing sites is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.
The Company provides you with materials from The Programs solely for your personal, noncommercial use, and you agree that you will not use such proprietary Content in any way whatsoever except for use in compliance with this Agreement. 

You will not use The Programs content in a manner that constitutes an infringement of the Company’s rights or that has not been authorised in writing by the Company. More specifically, unless explicitly authorised in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from The Programs. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.

To be clear: please be aware that you may not create derivative works, resource guides, marketing or training materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Christine Samson, Krystal Diaz, The Programs’ Content, or infringe on any of the Company’s intellectual property in any way. All copyrights in and to The Programs (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all their respective rights in law or in equity. 

THE USE OF THE COMPANY’S PROGRAMS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

Company trademarks, service marks, graphics, and logos used in connection with The Programs are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.

THE PROGRAMS COMMUNITY RULES
No Solicitation Within The Programs’ Community:
The Programs’ community is about learning how to sing and perform, and sharing musical experiences with others for the purpose of developing your skills. You are not permitted to offer services, sell your products, music, gigs or other events, or invite Program Participants to join other social networks, groups, or programs. This is a space for learning and is a pitch-free, solicitation-free and sales-free environment. Sharing affiliate links within the Programs’ community is not permitted.

Your failure to comply with these terms will result in immediate termination of your participation the Programs without refund.

THIRD-PARTY MATERIALS AND WEBSITES
The Company may provide links to third-party materials and websites and establish a Facebook group as a convenience to you and other Program Participants. These third-party materials and websites are not part of The Programs and they may be either withdrawn or terminated at any time without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.

REFUND POLICY
Payment for participation in the 10-Day Vocal Transformation Challenge and Lifetime Access to Vocal Essentials Digital Course (herein “The Programs”) is strictly NON-REFUNDABLE and NON-TRANSFERABLE. 

DISCLAIMER
THE PROGRAMS, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.

When addressing vocal technique in any of our websites, videos, newsletters, programs or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our programs and their potential to strengthen your vocal technique and improve your performance skills. However, the Company does not guarantee that you will get any results or hear any changes in your voice using any of our ideas, tools, techniques, tips or recommendations, and nothing in the Program, Content, or Site is a promise or guarantee to you of vocal improvement.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PROGRAMS IS AT YOUR SOLE RISK. By purchasing access to The Programs, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your vocal development, performance skills, singing ability, or results of any kind. You also understand that you are fully responsible for any vocal harm, vocal damage or vocal issues of any kind that may result from improper application of our vocal exercises and/or vocal training advice, whether it be from the Content or one-to-one trainings or group webinars with our Coaches. You alone are responsible for your actions and vocal development which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, song choices, consistency and accuracy of vocal practices, and appropriate application of vocal technique, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional, legal, medical, psychological, or life coaching advice.

ADDITIONAL TERMS AND CONDITIONS
1) GOVERNING LAW. You and the Company have entered into this Agreement in Hong Kong Special Administrative Region (Hong Kong SAR) and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the Hong Kong SAR, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.

2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE PROGRAMS; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAMS AND A REFUND AS SET FORTH IN THE REFUNDS POLICY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
AS SET FORTH IN OUR PRIVACY POLICY, THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE PURE SINGING PROGRAM, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.

3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, its brands, Christine Samson Music and Arts Studio, Online Vocal Academy, Pure Singing, Christine Samson or Krystal Diaz, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.

4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise.

5) TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in The Programs without refund and/or (b) terminate this Agreement.
Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.

6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of The Programs. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of The Programs’ materials will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions, please contact our team directly at info@puresinging.com.

7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of The Programs. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognise and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.

8) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilise class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the Hong Kong Special Administrative Region for purposes of any such action by the Company.

10) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.

11) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.

12) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.

Krystal Diazz
Co-Founder of Online Vocal Academy
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