When we use the following terms, this is what we mean:
Appointment: When a Guest requests a Service Provider to provide their service, they do so by creating an appointment with the Service Provider.
Booking: A limited license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed booking, during which time the Host (only where and to the extent permitted by applicable law) retains the right to remain in the Space.
Guest: Any person who makes a Booking for a Space or makes an appointment with a Service Provider.
Host: Any person or company who makes a Space available to book on Pianohouse
Platform: Our service, where Hosts can lists Spaces, Service Providers can list availably for Appointments, and Guests can create a Booking for a Space or make appointments with Service Providers.
Pianohouse, we or us: Pianohouse, Inc.
Service Provider: Any person or company who offers Appointments for a service on the Platform. These services include piano tuning, piano repair, and teaching piano lessons.
Space: A place that a Host makes available to book on Pianohouse.
Tax: means any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
User: A Guest, Host, or Service Provider.
Our Rules if you want to use Pianohouse
You Agree To These Rules
You acknowledge and agree that, by accessing or using the Platform, the or making Bookings or Appointments therein, or by downloading or posting any content from or on the Platform, you are indicating that you have read, and that you understand and agree to be bound by these terms and receive our services.
If you do not agree to these Terms, then you have no right to access or use the site, application, services, or collective content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Our Legal Relationship
The Platform lets Hosts and Service Providers create listings for Bookings and Appointments.
All Bookings and Appointments are made directly with the Hosts and Service Providers, respectively.
Pianohouse is not a party to any agreement entered into among Guests, Hosts and Service Providers. If you are a Host or Service Provider, you understand and agree that we do not act as an insurer or contracting agent.
If you choose to create a listing on Pianohouse, you understand and agree that your relationship with Pianohouse is limited to being a User and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Pianohouse for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Pianohouse.
Pianohouse does not control, and has no right to control, your listing, your offline activities associated with your listing, or any other matters related to any listing, that you provide and disclaims all liability in this regard to the maximum extent permitted by law. ALL BOOKINGS AND APPOINTMENTS ARE MADE OR ACCEPTED AT THE USER’S OWN RISK.
As a User you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Pianohouse, including by inappropriately using any Pianohouse intellectual property.
By using the Plaform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Platform regarding any Bookings, Appointments, or Listings made by you.
Age & Legal Restrictions
All Hosts and Service Providers must be at least 18 years old.
If your local laws (including zoning laws) or any agreements you have entered into with any third parties, such as homeowners association, condominium, or other third party agreements prohibit you from renting a Space or providing a service through Pianohouse (including, but not limited to holding a license or permit), our terms prohibit you from violating the law. All Hosts and Service Providers are responsible for paying applicable taxes to all relevant authorities.
We assume no responsibility for a Host or Service Provider’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
All Guests have to be 13 years old or over. If you are under 18, you must be accompanied by someone at least 18 years old (I) every time you visit a Space or attend an Appointment, either in a Space or at your home.
Hosts are not allowed to post any Spaces on our Platform that they don’t have the rights to rent out.
Don’t use Pianohouse to do anything illegal or that we tell you not to.
We recommend that Hosts and Service Providers obtain appropriate insurance.
Registration & Account Security
In order to access certain features of the Platform, you must register and create an account. We permit you to create an account using either an email and password or through an account you already have with a third party, like Facebook. If you use a third party account to log in, you will give us permission to see some of your data with that account. You agree to share that data with us when you authorize the third party to share that data.
Don’t let anyone else use your account.
Don’t use anybody else’s account without their permission or try to find out their login details.
Don’t create more than one account.
Keep your password secret.
Let us know immediately if you think there is unauthorized use of any account.
You can close your Pianohouse account by contacting us at http://piano.house/contact. If you do, your photos, posts, reviews and profile will disappear from your account but if we have used them ourselves for any reason, they might still appear on Pianohouse. We will also keep all the data we already have from you and can use it as explained in this document.
Posting On Pianohouse
You alone are responsible for everything you post on the Platform.
Hosts may create listings for Spaces and Services Providers may create listings for Appointments (each, a “Listing”). All Spaces must include all required information and must not be false or misleading. Listings will be made publicly available via the Platform. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, which we decide and which we can change when we want to.
We do not endorse any Listing or User or guarantee the truthfulness of any information about any User or in any Listing.
Other Users will be able to book your Listing via the Platform. You understand and agree that once a User requests a Booking or an Appointment, you may not request the Guest to pay a higher price than in the request.
We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that we, in our sole discretion, consider to be objectionable for any reason.
Don’t post anything that might make other people feel scared, or any content, including images, that contain violence or nudity.
Don’t bully anyone or post anything horrible about people.
Don’t post other peoples’ private or personal information.
You must get permission from Pianohouse before you add any reference to a personal or company website or otherwise advertise your Space or services using your Pianohouse profile or otherwise on Pianohouse, including in any comments or reviews.
Bookings and Financial Terms
If you are a Host or a Service Provider, you must approve all Bookings or Appointments prior to them being confirmed.
If you are a Guest, your Booking or Appointment is not confirmed until the Host or Service Provider provides confirmation. To avoid any doubt, we’ll send you an email when your Booking or Appointment is confirmed.
Guests agree that a confirmed Booking is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed Booking and in accordance with the Guest’s agreement with the Host. Guests further agree to leave the Space no later than the end time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest.
If a Guest stays past the agreed upon end time for a Booking without the Host’s consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest, for each 1 hour period that the Guest stays over the agreed period without the Host’s consent, an additional fee of two times the average hourly fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, “Additional Sums“). Pianohouse will collect Additional Sums from Guests by charging their payment method.
The total cost of the Booking or Appointment is called the “Total Fees” and will be displayed to the Guest prior to requesting a Booking or Appointment.
We charge the Listing User a 20% service fee on the total cost of all Listings (the “Service Fee”). All Listings are displayed including the Service Fee, which will be deducted prior to remitting payment to the Host or Service Provider.
We will collect the Total Fees from each Guest at the time of the Booking request or upon the Host or Service Provider’s confirmation and will initiate payment of the Total Fees (less applicable fees and taxes, including the Service Fee) to the Host or Service Provider as provided in paragraph 6(l).
While we will attempt to deduct the appropriate taxes and fees imposed by governments on behalf of the Hosts and Service Providers, Hosts and Service Providers are ultimately responsible for determining and paying all applicable taxes and governmental fees to the relevant authorities.
Guests can pay for their Bookings or Listings using any payment method available on the Platform. Fees associated with payment methods are disclosed on the Platform.
Cancellations and refunds will be handled by us on a case-by-case basis. Unless otherwise determined in advance, a Guest who cancels a confirmed Booking or Appointment is liable for the full amount of such Booking or Appointment. A Host or Service Provider who cancels a confirmed Booking or Appointment may be subject to removal from the Platform.
Hosts and Service Providers, not Pianohouse, are solely responsible for honoring any confirmed Bookings and Appointments. If you, as a Guest, choose to enter into a transaction with a Host for the Booking of a Space or a Service Provider for an Appointment, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Space imposed by the Host or imposed by a Servicer Provider.
We will make payments to Hosts and Service Providers via their selected payment method as made available on the Platform within 30 days of a completed Booking or Appointment. Note that our minimum threshold for outgoing wire transfers is US$100. We will accrue payment to Hosts and Service until you meet our threshold.
All transactions are in United States Dollars.
Restrictions On And Consequences Of Doing Harmful Things
You have the right to feel safe using Pianohouse.
If a Guest causes damage to a Space, including any instrument therein, or a Service Provider causes damage to a Guest’s space, including any instrument therein, the party who caused the damage is solely responsible for any costs associated with repairs and/or replacement to the original state. You acknowledge and agree that, as a Guest or Service Provider, as applicable, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, a Space or a Guest’s space.
Don’t change anything about our website or applications, upload any type of virus or do anything that might interfere with the way Pianohouse works. Don’t send us ideas on how to improve Pianohouse.
Don’t use any type of software or robot to create accounts or access Pianohouse, and don’t send spam or unwanted emails.
Don’t do anything that might affect how other people use and enjoy Pianohouse.
Don’t encourage anyone to break these rules.
You own any original pictures, text and videos you post (“Your Content”), but we are allowed to use them, and we can let others use them as well, anywhere around the world. Other people might pay us to use them and we will not pay you for that. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit You Content. By making available any of Your Content on or through the Platform, you hereby grant to Pianohouse a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit Your Content on, through, by means of or to promote or market the Platform. Pianohouse does not claim any ownership rights in any of Your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any of Your Content.
It will be assumed that you own all of Your Content, including what you post, and what you post does not break the law. If it does, and you are fined, you will have to pay that fine.
We own all text, graphics, images, music, audio, video, information or other materials that we make available through the Platform, including any Content licensed from a third party, except for Your Content (“Our Content”, and together with Your Content, the “Content”).
The Platform, and the Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Platform and Our Content, including all associated intellectual property rights, are our exclusive property and our licensors.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, or the Content.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Pianohouse used on or in connection with the Platform, and Our Content are trademarks or registered trademarks of Pianohouse.
Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, and Our Content are used for identification purposes only and may be the property of their respective owners. As a Host, Guest, Service Provider or User, you understand and agree that you are bound by the Terms that apply to your use of the Platform and the Content (as may be updated from time to time).
Pianohouse grants you a limited, non-exclusive, non-transferable license, to (i) access and view Our Content solely for your personal and non-commercial purposes and (ii) access and view any Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform, or the Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pianohouse or its licensors, except for the licenses and rights expressly granted in these Terms.
Although you are responsible for the information you put on Pianohouse, we may keep, use and share your personal information with companies connected with Pianohouse. We are not responsible for what other companies might do with this information. We will not rent or sell your personal information to anyone else without your permission. When you delete your account, we keep this personal information about you, and your photos, for as long as is reasonable for our business purposes.
Modification: We can change these rules and the Platform whenever we like by posting an update on Pianohouse, whether you notice it or not. We are not liable for any loss of User data.
IF YOU CHOOSE TO USE THE PLARTFORM OR THE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT PIANOHOUSE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, GUESTS, HOSTS, AND SERVICE PROVIDERS.
THE PLATFORM AND THE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PIANOHOUSE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PIANOHOUSE MAKES NO WARRANTY THAT THE PLATFORM AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SPACES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PIANOHOUSE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACES, HOSTS, SERVICE PROVIDERS, GUESTS, THE PLARTFORM OR THE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF THE CONTENT OBTAINED THROUGH THE PLATFORM.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS, SERVICE PROVIDERS OR GUESTS. YOU UNDERSTAND THAT PIANOHOUSE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VISIT ANY SPACES. PIANOHOUSE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, GUESTS, SERVICE PROVIDERS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PIANOHOUSE. PIANOHOUSE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST, HOST, SERVICE PROVIDER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF PLATFORM AND THE CONTENT, YOUR LISTING OR BOOKING OF ANY SPACES VIA THE PLATFORM, YOUR LISTING OR MAKING APPOINTMENTS VIA THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF PIANOHOUSE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER PIANOHOUSE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR THE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR THE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, OR FROM YOUR LISTING OR BOOKING OF ANY SPACE OR MAKING OF ANY APPOINTMENT VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIANOHOUSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS AND SERVICE PROVIDERS PURSUANT TO THESE TERMS, IN NO EVENT WILL PIANOHOUSE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE OR MAKING OF ANY APPOINTMENT VIA THE PLATFORM, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, OR THE CONTENT AND IN CONNECTION WITH ANY SPACE OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS AND APPOINTMENTS VIA THE PLATFORM AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST OR SERVICE PROVIDER, THE AMOUNTS PAID BY PIANOHOUSE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PIANOHOUSE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification You agree to release, defend, indemnify, and hold Pianohouse and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform, or The Content or your violation of these Terms; (b) Your Content; (c) your (i) interaction with any User, (ii) Booking of a Space or making an Appointment with a Service Provider, or (iii) creation of a Listing; and (d) the use, condition or Booking of a Space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of an Space.
Controlling Law and Jurisdiction These Terms and your use of the Platform will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in New York County, New York, California or a United States District Court, Southern District of New York located in New York, New York for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Enforcement Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pianohouse. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third Party Beneficiary These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
This community is all about sharing what we have, our practice rooms, knowledge on piano playing, making new friends in the world of piano and helping each other to be a better musician and a better person.
Keep practicing every day!