Policy

Terms and Conditions

Words used herein in the singular, where the context so permits, shall be deemed to include the plural and vice versa. The definitions of words in the singular herein shall apply to such words when used in the plural where the context so permits and vice versa.

 

Definitions 

 

“eMus”, “we”, “us”, and “our” refer to Lucas Wong.

“Site” refers to the webpages located at https://www.tryemus.com. 

“Reservation” refers to a panel request made by a legal client through the site.

“Client” refers to a person who creates a reservation through the site.

“Submission” refers to any digital file or link submitted by the client through the site. 

“Legend” refers to a qualified music professional or chamber group subcontracted by eMus to perform feedback services. 

“Finisher” refers to a qualified music professional or chamber group subcontracted by eMus to perform feedback services. 

"Builder" refers to a qualified music professional or group that is approved by eMus to offer feedback services.

"Practice Supervisor" refers to a professional or group that is listed on eMus to offer online practice supervision.

“Panel” is a Builder, Finisher, or Legend.

“User” refers to a person using the site, including, but not limited to, client, panel, and practice supervisor.

“Feedback” refers to the digital report provided by the panel after reviewing the client’s submission.

 

Overall

By visiting our Site and/or paying for any subscriptions and services, you agree to be bound by these Terms and Conditions. These Terms and Conditions. apply to all users of the Site, including users who are browsers, customers, and/or contributors of content.

 

Please read these Terms and Conditions carefully before accessing or using the Site. YOUR ACCESS OR USE OF THE SITE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICIES.  By accessing or using any part of the Site you also represent that you have the legal authority as per applicable law (including but not limited to age requirement) to accept the Terms and Conditions on behalf of yourself and/or any other person you represent in connection with your use of the Site. If you do not agree to these Terms and Conditions, then you may not access or use the Site.

 

Any new features or tools which are added to the Site shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes acceptance of those changes.

Practice Supervisor Request and Sign-up Process

eMus is not responsible for any financial transaction and messaging between the Practice Supervisor and the client. The client and/or Practice Supervisor should alert eMus immediately should s/he witness any suspicious activity. eMus disclaims all liability and responsibility arising from any reliance placed on such content and/or materials and/or service by any user of the Site, or by anyone who may be informed of any of the content. We accept no responsibility for keeping the information on our systems up to date or complete, nor do we accept any liability for any failure to do so. It is solely the user's responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided. eMus reserves the the right to refuse to publish any content or other material or to provide any other services without prior notice to any user or users for any reason or no reason.

 

Panel Reservation Process

The number of panelist in each reservation is one, and each reservation must be done through eMus. If the reservation is made by a logged-on client, the feedback will be sent to the client's personal eMus online account. Otherwise the feedback will only be sent to the email specified by the client. The client is required to alert the Builder directly before he or she makes the submission, to avoid any misunderstanding. eMus is not responsible for any financial transaction between the Builder and the client. The client and/or Builder should alert eMus immediately should he or she witness any suspicious activity. eMus matches the reservation to the panel that the client indicates through the Site.

 

Submission Content, Length, Accuracy, File Quality, and Integrity

The client may not send links to commercial recordings, viruses, and offensive materials. Reservation for Finisher and Legend: If the length of submission exceeds 30 minutes, the panel will evaluate the first 30 minutes. Any activities other than performance (such as musical warm-ups, technical exercises, speeches, and instructions) included within a submission shall be ignored by the panel, but will be considered as part of the total timing of the submission. If there is more than one take of a passage or whole piece, the panel will use their reasonable discretion to comment on only one take. The accuracy of the repertoire information and sheet music accompanying the submission will influence the ability of the panel to make their judgment(s). Sheet music will be accepted only in one PDF file. The first page of sheet music uploaded should match the opening of the submission. The client should combine all excerpts into one video link per reservation. The quality of the submission recording (e.g., noise, acoustics, and quality of the instrument) may indirectly influence the ability of the panel to make objective judgments. If the panel has technical difficulties processing the submission, the client’s feedback may be delayed accordingly. 

 

Intellectual Property and Copyright

Please respect the copyright laws of your region. The Site does not assume any legal responsibility or liability for the consequences of uploading and downloading files that are not in the public domain in your country. Unless the recording is publicly available, all submissions must be the client’s own work, with the exception of a submission involving a minor, in which case the client must be the parent or legal guardian of the minor. It is the client’s responsibility to obtain copyright permission before uploading any files. 

 

Personal Information and Confidentiality

The client is strongly advised to protect their personal identity, information, and location in the submission for a Finisher's or Legend's feedback. The client may choose to not include any faces in their video submission. Personal information provided by the client, such as the client’s name, email address, credit card number, and home address, is for billing and communication purposes only. eMus does not share clients’ personal information with the panel or any other third party. The feedback by a Finisher or Legend is confidential to eMus, and it shall not be shared with any other third party. 

Panel's Responsibilities and Feedback

The Panel will provide constructive feedback in a professional manner through the site. Each panel has a personal eMus online account which gives private access to the submission assigned to them. Each panel is advised to archive his/her feedback before s/he submits. Once the feedback is submitted, it may not be accessed again in the future. The Builder is responsible to email the client directly after they finish the feedback. eMus may discontinue the Panel's profile at anytime without notice. The Finisher or Legend will provide constructive feedback in a professional manner through the site within four to six business days of normal reservation (or one to three business days for an express reservation). The feedback is not edited by any other person unless express permission has been provided by the panel. Opinions, writing styles, and length of feedback will naturally differ from one panel to another. Feedbacks are relevant only to the performance supplied by the client as part of the reservation at the time viewed/listened by the panel through our service. It does not reflect an opinion of the client’s other activities outside of the reservation. The panel will destroy or delete any sheet music downloaded after the feedback. The panel may, at their discretion, upload a PDF of annotated sheet music for the client’s download as part of the feedback. 

 

Completion of Services

eMus’s service is considered complete when the feedback has been posted to the client’s personal eMus online account or email. If the client notices an error or requires clarification, the client may contact our administrator through the site. It is, however, not eMus’s responsibility to explain and interpret vocabulary and musical terminology to the client. The client has an option to express a rating out of 5, as part of his/her reaction to the feedback. The panel does not have access to any individual client's rating. However, statistics of the number and the overall average of ratings may be shared publicly on the Site.

 

Changes, Cancellations, and Refund Policy

A reservation for a Finisher's or Legend's feedback is considered final once the client makes the payment transaction to eMus. Changes to the client’s information, submission content, and the number of panel in each reservation are not permitted after the reservation has been submitted. eMus retains the right at any time to decline a reservation and make a complete refund, should eMus decides that none of its panel would match the reservation. Billing is non-refundable, unless there is a billing error.

Indemnification and Breach of Contract

The client agrees to indemnify eMus for any liability arising from the Finisher's or Legend's feedback resulting directly or indirectly from the client’s sharing the feedback content with any other third party. On any breach of the terms of this agreement by the client, the client agrees that eMus shall be released from any and all obligations in respect of this agreement, and the client further agrees that eMus shall have the right to retain any payment from the client without refund. All the information provided on this website is provided on an “as is” and “as available” basis and you agree that you use such information entirely at your own risk. eMus gives no warranty and accepts no responsibility or liability for the accuracy or the completeness of the information and materials contained here. Under no circumstances will eMus be held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting or arising directly or indirectly from your use of or inability to use this Site or any websites linked to it, or from your reliance on the information and material on this Site, even if eMus has been advised of the possibility of such damages in advance. In providing external links to third party sites and email addresses, eMus does not in any way, expressly or implicitly, endorse the linked sites or resources or the respective contents thereof. The user further acknowledges and agrees that eMus shall not be responsible or liable, whether directly or indirectly, for any damages or loss caused or sustained by the user, in connection with any use or reliance on information or material obtained from third party sites.

Privacy and Terms of Use

 

We receive, collect, and store any information you enter on our site or provide us in any other way. In addition, we collect the internet protocol (IP) address used to connect your computer to the internet; login; email address; password; computer and connection information; and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, and communications); payment details (including credit card information); comments; feedback; reviews; recommendations; and personal profile.

 

When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address, and email address. Your personal information will be used for the specific reasons stated below only.

 

We collect such non-personal and personal information for the following purposes:

1. To provide and operate the site;

2. To provide our clients with ongoing customer assistance and technical support;

3. To be able to contact our visitors and clients with general or personalized service-related notices and promotional messages;

4. To create aggregated statistical data and other aggregated and/or inferred non-personal information, which we may use to provide and improve our services; 

5. To comply with any applicable laws and regulations.

 

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases, and applications. They store your data on secure servers behind a firewall. 

 

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our site and its service providers.

 

We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our Terms & Conditions, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email.

 

If you would like to access, correct, amend, or delete any personal information we have about you, you are invited to contact us at tryemus@gmail.com. 

CONTACT eMus

eMus © Lucas Wong 2020