Last update: 21 June 2020

Preamble - acceptance of the Conditions

Welcome to mfClassrooms, the website and online platform designed by dbstrings.com and Musicafelix and dedicated to music conservatories, academies, music schools and individual teachers who wish to offer online lessons through a platform designed for their needs as musicians.

This page contains the general conditions of service ('the Conditions') governing the use of the platform and therefore of the website, software and any other utility, functionality and content made available to Institutions, Teachers, Students (collectively, the 'Users'), as well as to simple visitors on the occasion of such use. Use of the platform indicates that the User has read, understood and accepts these Terms.

mfClassrooms reserves the right to modify these general conditions at any time, indicating the date of update on this page. From the moment the Conditions are updated and published on this page, they are binding on the User, who is therefore responsible for periodically checking the Conditions.

Unlike other online services, mfClassrooms does not sell music lessons, does not advertise any particular school, method or teacher and above all does not come into direct contact with students in any way. In addition, mfClassrooms values the privacy of Teachers and Students and will never sell, give or transfer their data to third parties for commercial, marketing or profiling purposes, as stated in our Privacy Policy.

1. Object of the Service

mfClassrooms ('the Platform' or 'the Service' or 'mfClassrooms') consists of an online platform dedicated exclusively to music conservatories, academies and music schools (the 'Institutions'), private teachers (voice, any instrument, theoretical subjects), who wish to offer their students (the 'Students' or 'Pupils') online lessons with a higher audio quality than common videoconferencing platforms.

The Platform is designed and built specifically in order to carry out music lessons as it provides, among other things: high audio quality; possibility to customize the audio and video quality according to one's own connection; possibility to manage more than one audio and video input; possibility to record the lesson on video; electronic register to organize the lesson calendar of each student; possibility for each Institution to have a second level domain and to involve its sponsors, inserting banners or logos inside its "virtual classrooms".

Except for interruptions of a technical nature that will be communicated through the website, the Service is available every day of the week, 24 hours a day.

mfClassrooms reserves the right to modify the technical specifications of the services offered, in the constant search for a better quality of service.

2. Access to the Service

Access to the platform is through the registration of each User. The following registration profiles are available:

1. Administrator Account: this is dedicated to the administrative staff of the Institution. The account can create teacher and student accounts and suspend or cancel them, can fix, move or cancel lessons, can access lesson tracking information (start time, end time, actual duration). It can access videos of lessons. It can watch the lessons as a listener, consuming the time available to the Institution in addition to the time of the lesson. It can send messages via the platform to the email addresses of all Teachers and Students. It can decide to have the mfClassrooms webmaster insert logos of his own sponsors or patrons in the lesson page and in the management software, with terms and conditions agreed with the mfClassrooms managers.
2. Teacher Account: It can set, move or cancel lessons. It can set availability slots where the Student proposes a new lesson. In this case, the Teacher can confirm the lesson proposed by the Student or refuse it. It decides when to start the lesson, and can decide to end it even if the Student is still in the virtual classroom. It can access videos of his lessons only (not those of the other Teachers). It can send messages via the platform to the email addresses of all Students. It can upload audio material, video links or documents and images to the virtual drawer of each of the Students. Only in the case of private Teachers (outside of an Institution), the Teacher can create the account of each Student, or delete it.
3. Student Account: it can access the scheduled lesson after the teacher has started the lesson. It can interrupt the lesson by leaving the virtual classroom at any time. It can send messages to his/her Teacher (not to other Students). It can propose a new lesson to the Teacher, in a time slot inserted by the Teacher. In this case the Teacher must approve the time and date of the lesson proposed by the Student. It can upload documents, images, audio files and video links to the virtual drawer, which can also be viewed by the Teacher. It can view and download the video recording of the lessons, if they have been recorded.
4. Listener account: it can only attend the lesson passively, after authorization from the administrator.

In case of cancellation by an Institution or a private Teacher of a Student account, the data of this account will remain stored by mfClassrooms and can be permanently deleted at the request of the person concerned, in accordance with the privacy policy.

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The Institution will provide the data for the accreditation of its Teachers and for the registration of the Students and will then communicate to them the access credentials. In the same way, each private Teacher will provide the data of its own Students for the registration on the Platform.

All registered Users are obliged to keep their personal information requested at the time of registration up to date. Only one account can be registered per User. This is without prejudice to the Platform's right to delete any account whose personal information is false. Furthermore, each user is responsible for the security and secrecy of their username and password and is therefore responsible for any activity carried out within the account. It is the User's responsibility to log out at the end of the teaching session. In the event of fraudulent use of the Platform, the User agrees to immediately notify mfClassrooms of the violation.

mfClassrooms is not liable for any loss or damage suffered by you as a result of loss or theft of your access credentials to the platform.

The data provided during registration and others related to the User - such as those related to the lessons held or files exchanged - are protected in accordance with our Privacy Policy.

Pupils under 18 years of age must have the permission of their parent/legal guardian before using the Platform and these Terms and Conditions shall apply in all cases. Enrolment at the Institution of which the Teacher is a member or the establishment of the educational relationship with the private Teacher are sufficient to prove the authorization of the parent/legal guardian to use the Platform.

mfClassrooms is not responsible for the costs incurred by the User for access to the Platform, such as the cost of Internet access required by ISPs or the purchase of any device necessary for the performance of the lesson.

mfClassrooms reserves the right to modify or discontinue the service, in whole or in part, giving 30 days’ notice. No responsibility can in any case arise for mfClassrooms due to the interruption of service. In case of interruption of service, the user will be refunded the cost of hours purchased and not yet used.

3. Technical requirements

mfClassrooms does not require you to download any software or app, and works from both PCs and tablets (Android and iPad) and Smartphones (Android and iPhone). It provides an ad hoc adjustment for slow internet connections, so as to preserve the bandwidth for audio quality, reducing only the video quality where necessary.

The user acknowledges that the maximum use of the Platform's speed and visual-sound quality is subject to the use of recent computers and/or devices, with particular reference to the Internet connection speed.

The following minimum requirements are necessary:

1. a) a computer (PC, Mac or Linux) less than 6 years old, with updated operating system, with at least 8 GB of RAM;
2. b) smartphone or tablet, less than 4 years old, with Safari (for iPhone - iPad) or Chrome (for Android) browser.
3. c) an updated browser (we recommend Chrome) and close the other browser windows and all other applications.
4. d) an internet connection with at least 10 Mbits in download and 1 Mbits in upload.

To achieve optimal sound quality, a computer (not a tablet or smartphone) and a quality external microphone are required.

The user must in any case make sure to use a working hardware and suitable for the use of the platform, including therefore the microphone, speakers and webcam and in no case mfClassrooms will be held responsible for the lower quality of data transmission and/or transmission speed in case of use of inappropriate hardware or software.

In no event shall mfClassrooms be liable for any loss of quality of service due to low or insufficient connection speed of the User due to its technical network equipment or ISP.

4. Discipline of the use of the platform (Institutions and Teachers)

The Platform is exclusively intended to allow Teachers to lecture to Students in streaming and with the simultaneous presence of both Users (except for the possibility of recording the lessons actually held). mfClassrooms must be used exclusively for this purpose and for no other purpose or cause, under penalty of cancellation of the account and without prejudice to compensation for damages.

In particular:

1. No employment, collaboration or other working relationship arises between Institutions, Teachers and mfClassrooms due to the use of the Platform.
2. The Platform may not be used to carry out illegal or harmful activities of any kind.
3. The Institutions declare that the use of the Platform for conducting online lessons complies with their internal regulations and statutes.
4. Teachers and institutions are solely responsible for the contents of the lessons and/or any material uploaded in the virtual drawer (data, text, software, music, videos, etc.). In particular, Teachers undertake not to violate any patent nor intellectual property rights of mfClassrooms, other Users or third parties, including copyright and not to use or upload any inappropriate material in any way, in violation of applicable laws or regulations.
5. Generally, the content uploaded in the virtual drawer is not monitored or approved by the Platform prior to uploading, but mfClassrooms reserves the right to remove any content that, at its sole discretion, is deemed in violation of these Terms and/or applicable laws, without any liability on its part and without prejudice to the possibility of deleting the account of the person responsible for the violation.
6. The lessons can be video-recorded during the course (at the economic conditions indicated in the price list in art. 6), and in this case they remain viewable only by the teacher and pupil, as well as by the institution of reference, for 30 days. The Institution has the right, within 30 days from the realization of the relevant registration, to download a copy for later use and possible publication.
7. Teachers and institutions are exclusively responsible for the timetable of lessons prepared for each student.
8. Teachers are obliged to behave with Students in a correct and professional manner during the lesson; mfClassrooms cannot be held liable for any violation of this rule towards Users and third parties, nor will mfClassrooms be held liable for any loss or damage of any kind suffered by Students or other Users arising out of or in any way connected to the conduct of Institutions or Teachers.
9. The Teachers are responsible for the correct use of the personal data and information of the Students acquired during the lesson or on the occasion of it.
10. It is always forbidden for Teachers and Institutions to use the personal information of Students for commercial, contact and promotional purposes or for purposes outside the platform, unless otherwise agreed separately. Teachers and Institutions will treat the personal information of their Students in accordance with all applicable data protection laws.
11. Teachers and Institutions are responsible for any damages of any kind, losses or costs suffered by Students or other Users in reason or on the occasion of the lessons. mfClassrooms is in any case not responsible for losses (including economic or data losses), damages to things and persons, limitations, loss of chance, errors, malfunctions or other negative events that may occur to the User due to the use of the Platform and/or the interaction with other Users.
12. Teachers and institutions agree to use the online platform as proposed and therefore undertake not to modify it, damage it, copy the source code, distribute it or make any other violation of mfClassrooms' rights to the Platform's source code.
13. mfClassroms reserves the right to block or cancel the access of the User who has violated any of these provisions, notifying the Institution, if any, and the Judicial Authority, without prejudice to compensation for any damages.
14. mfClassrooms in normal cases does not access virtual classrooms, audio or audio/video recordings of lessons, messages, exchanged files and lesson calendars, which remain stored in a secure server in the availability of mfClassrooms. However, the Teachers and Institutions accept that, in the event of a complaint or claim by a User of misconduct and/or on the instructions of the judicial or law enforcement authorities, mfClassrooms may make such access, in order to assess the complaint or to provide the authority with the requested elements.
15. mfClassrooms will never sell, assign or transfer Teacher and class data to third parties for commercial, marketing or profiling purposes. For the complete privacy policy please see the website mfclassrooms.com.

5. Discipline of the use of the platform (Students)

The Platform is exclusively intended to allow Teachers to lecture to Students in streaming and with the simultaneous presence of both Users (except for the possibility of recording the lessons actually held). mfClassrooms must be used exclusively for this purpose and for no other purpose or cause, under penalty of cancellation of the account and without prejudice to compensation for damages.

The Students who are users of the Platform and to whom access has been given through their Institution or their private Teacher undertake to fully comply with these Conditions and in particular:

1. The platform may not be used to carry out illegal or harmful activities of any kind.
2. The Pupil is responsible for the contents of any material uploaded in the virtual drawer (data, text, software, music etc.). In particular, the Student undertakes not to violate any patent nor intellectual property rights of mfClassrooms, other Users or third parties, including copyright and not to use or upload any inappropriate material in any way, in violation of applicable laws or regulations.
3. Generally, the content uploaded in the virtual drawer is not monitored or approved by the Platform prior to uploading, but mfClassrooms reserves the right to remove any content that, at its discretion, is deemed to be in violation of these Terms and/or applicable laws, without any liability on its part and without prejudice to the possibility of deleting the account of the person responsible for the violation.
4. The lessons can be video-recorded during the course, in which case they remain viewable only by the teacher and student, as well as by the institution of reference, for 30 days. The Institution has the right, within 30 days from the realization of the relevant registration, to download a copy for later use and possible publication.
5. The Pupils are obliged to behave correctly and professionally with the Teachers during the lesson; no responsibility can derive to mfClassrooms from the violation of this rule towards the Users and third parties, nor mfClassrooms will be held responsible for losses or damages of any kind suffered by other Users that derive from or are connected to the conduct of the Pupils.
6. mfClassrooms is not part of the existing contractual relationship between the Pupil and the Institution and/or the Teacher. No teaching relationship between the Pupil and mfClassrooms arises due to the use of the Service. The lessons are offered by Institutions and Teachers exclusively and without any prior control by mfClassrooms, which is not responsible for the content, truthfulness, accuracy of the information provided by other Users, as well as the efficiency or the level of preparation of the Teachers and/or Institutions.
7. mfclassrooms reserves the right to carry out checks on private Teachers registered on the Platform, but the Student assumes the full risk of using the Service and therefore mfClassrooms cannot be held responsible for any damage or loss in any way suffered as a result of the use of the Platform.
8. Students agree to use the Online Platform as proposed and therefore agree not to modify, damage, copy the source code, distribute or otherwise violate mfClassrooms' rights to the Platform's source code.
9. mfClassrooms reserves the right to block or cancel the access of the User who has violated any of these provisions, notifying the Institution, if any, and the Judicial Authority and subject to compensation for any damages incurred.
10. Students are responsible for any damages of any kind, losses or costs suffered by other Users due to or in connection with the lessons. mfClassrooms is in any case not responsible for losses (including economic or data losses), damages to property and persons, limitations, loss of chance, errors, malfunctions or other negative events that may occur to the User due to the use of the Platform and/or interaction with other Users.
11. mfClassrooms in normal cases does not access virtual classrooms, audio or audio/video recordings of lessons, messages, exchanged files and lesson calendars, which remain stored in a secure server in the availability of mfClassrooms. However, Students agree that, in the event of a complaint or claim by a User of misconduct and/or on the instructions of the judicial or law enforcement authorities, mfClassrooms may make such access in order to assess the complaint or to provide the authority with the requested elements.
12. mfClassrooms will never sell, assign or transfer the Students' data to third parties for commercial, marketing or profiling purposes. For the complete privacy policy see the website mfclassrooms.com.

6. Payments

The fee for the use of the mfClassrooms platform is indicated in the price list sent by mfCLassrooms before the registration of users by the Institutions or private Teachers, or their subsequent purchases. Credit can be purchased (prefixed or customizable at the user's request) that can be spent in hours of lessons and in accessory services (video recording, listeners, etc.), as better specified in the price list.

mfClassrooms reserves the right to adjust the costs of access and use of the Service and to make promotions and customized discounts. Any credit bought before the increase in hourly costs may be used under the conditions at which they were previously purchased.

mfClassrooms can offer the Institutions 120 of free trial - usable by the different Teachers - before purchasing the service. Private Teachers may be offered 30 minutes of free trial before the purchase.

It is the Users' responsibility to ensure that they have sufficient prepaid hours available for the scheduled lessons. An alert will be sent when there are less than 10 hours of lessons left until the hourly amount is exhausted.

Students do not incur any direct cost to mfClassrooms for the use of the service, but are in any case required to comply with these General Conditions.

In case of termination for any reason of an Institution or Private Teacher account, the compensation for the unused hours will not be refunded, unless otherwise agreed in writing between the parties.

7. Intellectual Property Rights

All rights to the contents of the site and the Platform (for example, documents, distinctive signs, images, files, architecture) are reserved.

"mfClassrooms" is a trademark owned by the Mendelssohn Association. The contents of this Site and the platform - including source code, images, graphics, logos and trademarks - are the property of Associazione Mendelssohn and UbyWeb&Multimedia and, unless otherwise indicated, are protected by copyright and by intellectual property laws.

It is forbidden to reproduce the trademark and the contents, images and any other form of communication subject to copyright. mfClassrooms reserves the right to take any and all appropriate action against any initiatives taken by Users or third parties and aimed at using in any form and manner not allowed distinctive signs identical or similar (as confusing) to the above trademarks and logos.

8. Applicable law - jurisdiction

Italian law applies to these Terms and Conditions. For any dispute related or connected to the contract, without any exclusion, the court of Milan (Tribunale di Milano) shall have jurisdiction, with the exclusion of any other court. Users Institutions and Private Teachers are aware that they do not qualify as 'Consumers' within the meaning of the Consumer Code.

© 2020 MFCLASSROOMS - Associazione Mendelssohn