Welcome to myacad.net Operator of this site and responsible for the content according to § 10 paragraph 3 MDStV:

myacad GmbH
newmusic.academy
Frankfurter Str. 39,
D-63065 Offenbach
Phone: 069-85 66 20,
Fax: 069-98 53 52 59
email [email protected]
Managing Director: Ralf Fiebelkorn, Authorized Signatory: Stephanie Dillmann
VAT ID No. DE 154956210, Tax No. 04424006695, Tax Office Offenbach/Main
Local Court Offenbach 5 HRB 11187

Sources for the images and graphics used:

http://www.fotolia.com
Andreas Meyer, Anne Katrin Figge, Anne Katrin Figge , Aradan, Blend Images, c , clearviewstock, clearviewstock, CME & JME, EastWest Imaging, einstein, Elisabeth Klein, flip, fred goldstein, froxx, G.Light, Giovanni M. Tampon, HAKOpromotion, Iakov Kalinin, Inspir8tion, Jaimie Duplass, James Steidl, Klaus Eppele, krizz7, landrade78, Lars Tuchel, Lucky Dragon USA, lukylyuk, Maria.P, matteo NATALE, Michael Flippo, michaeljung, Olaf Radcke, Olga Sidel’nikova, Peter Heckmeier, PictureP., Reinhold Föger, runzelkorn, sk_design, Steve Young, Tom Klimmeck, Tom Klimmeck, U.P.images, vege, Viorel Sima, ying xiaoming, zimmytws;

http://www.istockphoto.com
Camrocker, cjp, craetive, Drbouz, Hirkophoto, mattjeacock, melhi, naphtalina, Neustockimages, NickS, peepo, Perkus, phlegma, PhotoEuphoria, RapidEye, RevolutionImages, Roob, zoom, zzoom;

Technical support and further development:
WisdmLabs, Inc.
Newark, Delaware 19702, USA

Copyright ©
Any reproduction or redistribution in any medium in whole or in part requires written consent.

Disclaimer
We would like to point out that we have no influence whatsoever on the content and design of the pages listed on this site and accessible via a link or other links, especially not in the event of subsequent changes to the linked pages. We therefore expressly distance ourselves from the content and design of all linked pages on this website, including all sub-pages. This declaration applies to all links on our homepage and to all content of the pages to which links, banners or other links lead. Should you nevertheless find links to pages with illegal, pornographic or racist content on this website, please send us a short e-mail. We will check the link in question immediately.

Web Portal Terms of Use of myacad GmbH
I. Subject matter of the contract, amendments

§ 1 Subject of the conditions of participation and use

(1) myacad GmbH, Frankfurter Str. 39, 63065 Offenbach (hereinafter referred to as the “Service Provider”) provides a platform on https://myacad.net (hereinafter referred to as the “Portal”) through which duly registered participants can access learning content, contact each other and communicate. Further information on the services can be found in the service description, § 8.

(2) These Terms and Conditions of Participation and Use govern the provision of the services by the service provider and the use of these services by you as a duly registered participant.

(3) Information about the service provider can be found here.

§ 2 Changes to the conditions of participation and use

(1) The service provider reserves the right to amend these terms and conditions of participation and use at any time, also within the existing contractual relationships. The service provider will notify you of such changes at least 30 calendar days before the planned entry into force of the changes. If you do not object within 30 days of receipt of the notification and continue to use the services even after expiry of the objection period, the changes shall be deemed to have been effectively agreed from the expiry of the deadline. In the event of your objection, the contract will be continued under the previous conditions. In the notification of change, the service provider will inform you of your right to object and of the consequences.

(2) In the event of changes to VAT, the service provider shall be entitled to adjust the remuneration for Premium Access in line with these changes without the aforementioned right of objection.

II Registration for participation,
Handling of access data, termination of participation

§ 3 Authorization to register

(1) The use of the services available on the portal requires your registration as a participant. There is no entitlement to participation. The service provider is entitled to reject applications for participation without giving reasons.

(2) You are only permitted to register if you are of legal age and have unlimited legal capacity. Minors are not permitted to register. In the case of a legal entity or minor, registration must be made by a (natural) person with unlimited legal capacity and power of representation.

§ 4 Your registration on the portal

(1) In order to use paid services on the portal, you must first register for free basic access. If you have registered for basic access, you can use fee-based services on our platform. You can find more details on the respective services under § 8.

(2) The contact details and other information requested by the service provider during the registration process must be provided by you completely and correctly. When registering a legal entity, the natural person authorized to represent it must also be stated.

(3) Once you have provided all the data requested, the service provider will check it for completeness and plausibility. If the information is correct from the service provider’s point of view and there are no other concerns from the service provider’s point of view, the service provider will activate your requested access and notify you of this by e-mail. The e-mail is deemed to be acceptance of your application for participation. Upon receipt of the e-mail, you are authorized to use the portal in accordance with these Terms and Conditions of Participation and Use. To do so, you must first confirm your activation by clicking on the link contained in the e-mail.

§ 5 Responsibility for the access data

(1) During the registration process, you will be asked to enter a user name and password. You can use this data to log in to the portal once your account has been activated and you have confirmed it in accordance with § 4 (3). It is your responsibility to ensure that the user name does not infringe the rights of third parties, in particular name or trademark rights, and does not offend common decency.

(2) The access data including the password must be kept secret by you and must not be made accessible to unauthorized third parties.

(3) It is also your responsibility to ensure that your access to the portal and the use of the services available on the portal is carried out exclusively by you or by persons authorized by you. If it is to be feared that unauthorized third parties have gained or will gain knowledge of your access data, the service provider must be informed immediately.

(4) If the user logs in twice under the same user ID, the session of the user account logged in first will be terminated. In the event of multiple double logins under the same user ID, the provider reserves the right to inform the user of this fact (possibly by email or similar) and to block the account for security reasons.

You are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.

§ 6 Updating the participant data

You are obliged to keep your data (including your contact details) up to date. If there is a change in the data provided during the period of your participation, you must correct the information immediately in your personal settings on the portal. If you are unable to do so, please inform us immediately by e-mail or fax.

§ 7 Termination and interruption of participation

(1) You can cancel your basic access at any time by unsubscribing from the portal.

(2) Unless otherwise agreed, a minimum contract term of six months applies to courses booked on the portal (§ 8), beginning with your receipt of the e-mail in accordance with § 4 (3). From the expiry of the minimum contract term, the contract shall be automatically extended by renewal periods of one month each, unless one party terminates the contract with a notice period of 7 calendar days before the expiry of the minimum contract term or the respective renewal period. The monthly prices may change in the event of an automatic course extension. The customer will be notified of such a price increase in good time.

(3) When the termination takes effect, the contractual relationship ends and you may no longer use your access. The service provider reserves the right to block the user name and password when the termination takes effect.

(4) The service provider is entitled to irretrievably delete all data created in the context of your participation 30 calendar days after the termination takes effect and after the expiry of any statutory retention periods.

(5) Upon expiry of the subscription, the user will be informed of the circumstance listed under (6) and has the option of expressly consenting to the storage of the content then blocked for all users for possible future re-registration and use.

(6) The participant may interrupt participation in a course once during the term without giving reasons. The maximum duration of the interruption is two months. During this interruption, audio and video content will only be played in reduced quality and limited to a time volume / data volume per month. The user does not pay any course fees during the interruption.

III Services and content on the portal

§ 8 Range of services and availability of services

(1) The service provider makes various learning content and other services available to you on the portal for temporary use. Such services may include, for example, the provision of data, contributions, image and sound documents, information and other content (hereinafter collectively referred to as “content”), as well as the possibility of contacting other participants by writing personal messages.

The content and scope of the services are determined by the respective contractual agreements, and otherwise by the functionalities currently available on the portal.

Both free and fee-based services are available on the portal. Paid services are marked as such. You will find regulations on their use in § 12.

(2) The services available on the portal may also include third-party services to which the service provider merely provides access. The use of such services – which are identified as third-party services – may be subject to provisions that deviate from or supplement these Terms and Conditions of Participation and Use, to which the service provider will draw your attention in each case.

(3) For all fee-based services, the service provider guarantees an availability of 98% on a monthly average in its area of responsibility. The regular maintenance windows of the web portal, which are every Monday between 5:00 and 7:00 a.m., are not included in the calculation of availability.

Apart from that, there is only a right to use the services available on the portal within the scope of the technical and operational possibilities of the service provider. The service provider endeavors to ensure that its services can be used as uninterruptedly as possible. However, temporary restrictions or interruptions may occur due to technical faults (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines).

§ 9 Changes to services

The service provider is entitled at any time to change services provided free of charge on the portal, to make new services available free of charge or for a fee and to discontinue the provision of free services. The service provider will take your legitimate interests into account in each case.

§ 10 Protection of content, responsibility for third-party content

(1) The content available on the portal is predominantly protected by copyright or other intellectual property rights and is the property of the service provider, the other participants or other third parties who have made the respective content available. The compilation of the content as such may be protected as a database or database work within the meaning of Sections 4 (2), 87 (2) and 87 (3) of the German Copyright Act. §§ 4 para. 2, 87a para. 1 UrhG. You may only use this content in accordance with these terms and conditions of participation and use and within the framework specified on the portal.

(2) The content available on the portal originates partly from the service provider and partly from other participants or other third parties. Content from participants and other third parties is hereinafter collectively referred to as “third-party content”. The service provider does not check third-party content for completeness, accuracy and legality and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and timeliness of third-party content. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose, and also insofar as third-party content on linked external websites is concerned.

IV. Use of the services on the portal by you

§ Section 11 Scope of permitted use, monitoring
of usage activities

(1) Your right of use is limited to accessing the portal and using the services available on the portal in accordance with the provisions of these Terms of Participation and Use.

(2) You are responsible for creating the necessary technical conditions in your area of responsibility for using the services in accordance with the contract. The service provider does not owe you any advice in this regard.

(3) The service provider points out that your usage activities may be monitored to the extent permitted by law. This may also include the logging of IP connection data and call histories as well as their evaluation in the event of a concrete suspicion of a breach of these Terms of Participation and Use and/or in the event of a concrete suspicion of the existence of another illegal act or criminal offense.

§ 12 Use of chargeable services

(1) The service provider offers chargeable services on the portal. The retrieval of content (e.g. screen display, printing and/or downloading) may also incur costs.

The use of the services available on the portal is covered by the corresponding monthly usage fee.

Please note: By clicking on the corresponding button (e.g. booking the acoustic guitar module), you make a binding declaration that you wish to use the respective service. By doing so, you accept our binding offer to provide the fee-based service and a further contractual relationship is created. This contractual relationship is also subject to these Terms and Conditions of Participation and Use, as well as any other terms and conditions about which the service provider will inform you before you use the service.

(2) Please also note: You initiate the provision of the chargeable service directly by clicking on the corresponding button. As the use of the service cannot be canceled after this and you cannot guarantee the return of any retrieved content in such a way that you can no longer use it after returning it, you do not have a right of withdrawal with regard to the use of chargeable services.

(3) All fees quoted include the applicable statutory value added tax.

(4) The fee for the fee-based services you use will be charged to the credit card or bank account you provided when registering or before using the service. You can call up the invoice for the chargeable services used in your personal area.

(5) In the event of a delay in payment of 7 days, the provider is entitled to block the user’s access to the platform.

(6) In the event of default, the service provider shall be entitled to demand default interest of 5% above the base interest rate for consumers and 8% above the base interest rate for entrepreneurs, unless the subscriber proves lower damages or the service provider proves higher damages.

(7) You are only permitted to offset undisputed or legally established counterclaims. You may only assert a right of retention if it is based on the same contractual relationship.

(8) For contracts concerning the sending of DVD correspondence courses or the purchase of musical instruments, the service provider merely serves as an intermediary. Such contracts are concluded with the service provider’s partner company – newmusicacademy GmbH, Adolfsallee 59, 65185 Wiesbaden, Germany, based in Offenbach/Main.

§ 13 Creation of user profiles

If available as a function on the portal, you can customize your user profile according to your own ideas within the framework of these terms of participation and use. Please be sure to observe the restrictions in Section 16.

§ 14 Posting of your own content by you

(1) If available as functionality on the portal, you may post content on the portal and thus make it available to third parties, subject to the following provisions.

(2) By posting content, you grant the service provider a free and transferable right to use the respective content, in particular

– to store the content on the service provider’s server and to publish it, in particular to make it publicly accessible (e.g. by displaying the content on the portal),

– to edit and reproduce, insofar as this is necessary for the provision or publication of the respective content, and

– for the granting of rights of use – also for a fee – to third parties for your content in accordance with § 15.

If you remove the content you have posted from the portal, the right of use and exploitation granted to us above shall expire. However, we remain entitled to retain copies made for backup and/or verification purposes. The rights of use already granted to the participants to the content you have posted also remain unaffected.

(3) You are fully responsible for the content you post. The service provider does not check the content for completeness, correctness, legality, topicality, quality and suitability for a specific purpose.

You therefore declare and warrant to the service provider that you are the sole owner of all rights to the content you post on the portal, or that you are otherwise authorized (e.g. by effective permission from the rights holder) to post the content on the portal and to grant the rights of use and exploitation in accordance with the above paragraph (2).

(4) The service provider reserves the right to refuse the posting of content and/or to edit, block or remove content already posted (including private messages) without prior notice if the posting of the content by the participant or the posted content itself has led to a violation of § 16 or if there are concrete indications that a serious violation of § 16 will occur. However, the service provider will take your legitimate interests into account and choose the mildest possible means to prevent the violation of Section 16.

§ 15 Right of use of content available on the portal

(1) Unless further use is expressly permitted in these Terms and Conditions of Participation and Use or on the portal or is enabled on the portal by a corresponding function (e.g. download button),

– you may access and display the content available on the portal online for personal purposes only. This right of use is limited to the duration of your contractual participation in the portal and the respective content booked;

– you are prohibited from editing, modifying, translating, presenting or performing, publishing, exhibiting, reproducing or distributing the content available on the portal in whole or in part. It is also prohibited to remove or alter copyright notices, logos and other marks or protective notices.

(2) You are only entitled to download content (“download”) and to print content if a download or print option is available on the portal (e.g. by means of a download button).

You are granted a perpetual and non-exclusive right to use the content you have duly downloaded or printed for your own, non-commercial purposes. If the content is provided to you for a fee as part of the basic membership, this granting of rights is also subject to full payment of the respective content. Otherwise, all rights to the content remain with the original rights holder (the service provider or the respective third party).

(3) Your mandatory statutory rights (including reproduction for private and other personal use in accordance with § 53 UrhG) remain unaffected.

§ 16 Prohibited activities

(1) The services available on the portal are intended exclusively for non-commercial use by the participants. Any use for or in connection with commercial purposes is prohibited unless such use has been expressly permitted in writing by the service provider. Unauthorized commercial use includes in particular

– all offers and applications of paid content, services and/or products, both your own and those of third parties,

– all offers, applications and implementation of activities with a commercial background such as competitions, raffles, swaps, advertisements or snowball systems, and

– any electronic or other collection of identity and/or contact data (including e-mail addresses) of members (e.g. for sending unsolicited e-mails).

(2) You are prohibited from any activities on or in connection with the portal that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, you are prohibited from the following actions:

– the posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;

– the use of content that insults or defames other participants or third parties;

– the use, provision and distribution of content, services and/or products that are legally protected or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so.

(3) Furthermore, you are prohibited from the following activities when posting your own content on the portal and when communicating with other participants (e.g. by sending personal messages or participating in discussion forums), irrespective of any violation of the law:

– the spread of viruses, Trojans and other malicious files;

– the sending of junk or spam e-mails and chain letters;

– the dissemination of lewd, offensive, sexually explicit, obscene or defamatory content or communication as well as content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (either explicitly or implicitly);

– harassment of other participants, e.g. through repeated personal contact without or contrary to the reaction of the other participant, as well as encouraging or supporting such harassment;

– requesting other participants to disclose passwords or personal data for commercial or illegal or unlawful purposes;

– the distribution and/or public reproduction of content available on the portal, unless this is expressly permitted by the respective author or expressly made available to you as a functionality on the portal.

(4) You are also prohibited from taking any action that is likely to impair the smooth operation of the portal, in particular to place an excessive load on the service provider’s systems.

(5) Should you become aware of any illegal, abusive, non-contractual or otherwise unauthorized use of the portal, please contact

[email protected]. The service provider will then check the process and take appropriate steps if necessary.

(6) If there is a suspicion of illegal or punishable acts, the service provider is entitled and, if necessary, obliged to check your activities and, if necessary, to take appropriate legal action. This may also include forwarding the facts of the case to the public prosecutor’s office.

§ 17 Blocking of access

(1) The service provider may temporarily or permanently block your access to the portal if there are concrete indications that you are violating or have violated these terms and conditions of participation and use and/or applicable law, or if the service provider has another legitimate interest in blocking your access. When deciding whether to block your access, the service provider will take your legitimate interests into account appropriately.

(2) In the event of temporary or permanent blocking, the service provider will block your access authorization and notify you of this by e-mail.

(3) In the event of temporary blocking, the service provider will reactivate the access authorization after the blocking period has expired and notify you of this by e-mail. Permanently blocked access authorization cannot be restored. Permanently blocked persons are permanently excluded from participating in the portal and may not log in to the portal again.

V. Processing of your personal data

§ 18 Data protection

(1) One of the service provider’s quality standards is to handle participants’ personal data (hereinafter referred to as “personal data”) responsibly. The personal data resulting from your registration on the portal and from the use of the available services will therefore only be collected, stored and processed by the service provider insofar as this is necessary for the contractual provision of services and is permitted by law or ordered by the legislator. The service provider will treat your personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties.

(2) Beyond this, the service provider will only use your personal data if you have expressly consented to this. You can revoke any consent you have given at any time.

VI Limitation of liability

§ 19 Limitation of liability for free services

Should you suffer any damage through the use of services provided free of charge on the portal (including the retrieval of free content), the service provider shall only be liable to the extent that your damage has arisen due to the contractual use of the free content and/or services and only in the event of intent (including fraudulent intent) and gross negligence on the part of the service provider.

§ 20 Limitation of liability for chargeable services

In the context of the use of chargeable services (including the retrieval of chargeable content) by you, the service provider is liable in accordance with the following provisions:

(1) The service provider shall be liable without limitation for damages caused by the service provider or its legal representatives, executives or simple vicarious agents intentionally or through gross negligence.

(2) In cases of slightly negligent breach of only insignificant contractual obligations (essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely), the service provider is not liable. Otherwise, the Service Provider’s liability for damages caused by slight negligence shall be limited to those damages that must typically be expected to occur in the context of the respective contractual relationship (foreseeable damages typical for the contract). This also applies to slightly negligent breaches of duty by the legal representatives, executive employees or simple vicarious agents of the service provider.

(3) The above limitation of liability shall not apply in the event of fraudulent intent, in the event of bodily injury or personal injury, for the breach of guarantees and for claims arising from product liability.

VII Other provisions

§ 21 Written form requirement

Unless expressly stated otherwise in these Terms and Conditions of Participation and Use, all declarations made in the context of participation in the portal must be made in writing or by e-mail. The e-mail address of the service provider is [email protected]. The postal address of the service provider is newmusic.academy, Adolfsallee 59, 65185 Wiesbaden. We reserve the right to change the contact details. In the event of such a change, the service provider will inform you accordingly.

§ Section 22 Applicable law

These conditions of participation and use are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG).

§ Section 23 Place of jurisdiction

If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Wiesbaden.

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