1.1. These General Terms and Conditions of Business and Use (hereinafter referred to as "GTC") of Mr. Nikolaus Daim, owner of the unrecorded sole proprietorship with the business name "Master The Score", having its office in Vienna and its business address at A-1160 Vienna, Speckbachergasse 22/54, (hereinafter referred to as “Operator”) apply without exception to any form of use of the website “Master the Score” (https://masterthescore.com – which redirects to https://master-the-score.teachable.com) and/or its functions (hereinafter referred to as “Master the Score” or “MTS”)
1.2. The GTC regulate all forms of use of MTS. Conflicting or deviating terms and conditions of third parties, in particular of MTS-users, are generally contradicted. A conclusive recognition of deviating terms and conditions by MTS-users is excluded, even in the case of unconditional performance by Operator. By registering and/or booking an online course with MTS, users agree to the GTC and the Data Protection Guideline of Operator in the respective current version.
1.3. The GTC can be retrieved, saved and printed at any time on https://master-the-score.teachable.com/terms.
Master The Score / MTS is a website offering highest level online courses, in particular for composition, orchestration, production, mixing and/or mastering, aimed equally at film, TV, game and/or trailer composers.
Teachable is an open online creation platform designed to allow Creators to build, design, publish and sell courses and/or services.
In particular composition, orchestration, production, mixing and/or mastering online courses created by Creators and offered to Participants through MTS.
Operator of MTS is Mr. Nikolaus Daim, owner of the unrecorded sole proprietorship with the business name "Master The Score", having its office in Vienna and its business address at A-1160 Vienna, Speckbachergasse 22/54.
A natural person offering online courses for composition, orchestration, production, mixing and/or mastering for Participants through MTS.
A natural or legal person that makes use of the courses offered through MTS.
Participants who are not businessman in the sense in terms of the Austrian Consumer Protection Act (Konsumentenschutzgesetz).
Any person listed in section 2.e. through 2.g. hereof.
MTS uses Fastspring as payment provider and digital reseller.
3.1. Operator operates MTS through which highest level online courses are offered in particular for composition, orchestration, production, mixing and/or mastering, aimed equally at film, TV, game and/or trailer composers.
3.2. Teachable on the other hand is an open online creation platform designed to allow Creators to build, design, publish and sell courses and/or services.
3.3. Creators design Courses by accessing Teachable and offer the Courses to Participants by uploading them to MTS.
3.4. Teachable provides to Operator the organizational, accounting and technical infrastructure for operating MTS.
4.1. The use of services via MTS, regardless of whether as Participant or as Creator, requires User to register with MTS and to agree to these GTC and to the Data Protection Guideline in the respective valid version.
4.2. The registration with MTS itself is free of charge. By contrast, the utilization of Courses and/or (course-) material available on MTS is fee-based.
4.3. The use of MTS is permitted to legal and natural persons for private as well as for commercial use. The Services of MTS and their use in respect of natural persons is reserved exclusively for natural persons who are of legal age and legally competent.
4.4. The information required from User for the registration and creation of a user account includes name, date of birth or registration number, e-mail address, postal address, postal code, city and country as well as a self-chosen password. In this context, each User is obliged to ensure that all data and account information specified in his account always stay current, complete and true.Furthermore, User is obliged to handle access data to his user account and, in particular his password confidentially and to protect them from access by third parties. When suspected that third parties could have gained unauthorized knowledge of the user account and of the password, or in case of password loss, Operator shall be informed immediately. In general, User shall be liable for the use of his user account by third parties, unless he is demonstrably not responsible for the third-party use.
4.5. User confirms the registration with MTS by clicking on the Enroll Now-button, choosing a payment method and also accepting Fastspring’s Terms of Use (https://fastspring.com/legal/terms-sale/). Subsequently, User shall receive an automated course registration confirmation via e-mail.
4.6. The utilization of Courses and/or (course-) material available on MTS is for payment. The costs incurred by User resulting from use of the beforementioned services are those listed next to the respective Course and/or (course-) materials. User agrees to the chargeable booking of a Course and/or (course-) material by selecting a Course and/or (course-) material per click on MTS plus specifying a payment method and the billing address in the checkout page. Thereupon, User receives an automated confirmation email to the email address provided by User to MTS. Confirmation of payment is issued by the digital reseller Fastspring.
4.7. The entire correspondence between Operator and User is carried out via the e-mail address deposited in the user account and/or through the interface provided by Teachable.
4.8 All courses on the Master the Score platform are digital courses and can be streamed via the platform after enrollment. The user agrees that he will not receive a physical copy. Boxes and other product images shown on the website are for illustration purposes only.
5.1. Operator of MTS grants Participant permission to download a single copy of all downloadable (course-) materials on MTS for personal, non-commercial transitory viewing only. This shall be deemed the grant of license, not a transfer of title. Under the beforementioned license Participant must not
5.2. This license shall automatically and immediately terminate, if Participant violates any of the abovementioned restrictions to the license and/or commits any other material breach of contract.
Upon termination of the license for any reason whatsoever all analogue and/or electronic copies of the downloaded (course-) materials must be - at the sole discretion of Operator – either returned to the latter, deleted or destroyed by Participant.
6.1. Operator does not check Creator’s Courses and (course-) materials for the existence of any ownership rights and/or rights for exploitation. Moreover, the Operator does not assume any liability or guarantee for the quality of the Courses and (course-) materials – including but not limited to implied warranties, conditions of merchantability and/or fitness for a particular purpose – made available on MTS. The Courses and (course-) materials made available under MTS are provided on an as-is basis.
6.2. Each Creator is exclusively, personally and solely liable for any claims of any kind arising in connection with the infringement of any ownership rights or rights of exploitation towards Users and/or third parties regarding Creator’s content.If a claim is asserted against Operator by User and/or third parties for infringement of ownership rights and/or rights of exploitation, Creator undertakes to indemnify and hold Operator harmless.
6.3. Operator reserves the right to change offers, services and functions of MTS at any time without notice and/or to discontinue them temporarily or permanently. Furthermore, Operator is not responsible or liable for ensuring that the Courses and/or (course-) materials made available on MTS are free of technical failures and/or malfunctions. Since Operator is also dependent on Teachable and third-party software components for the provision of MTS, Operator shall only be liable for any technical failures, malfunctions and/or any damages to property he causes in case of gross negligence or intent.
6.4. Moreover, Operator is not liable for and does not warrant that any Creator’s content made available on MTS will be intact, free of digital defects and/or perfectly usable, since Operator is also dependent on Teachable and third-party software components for the provision of MTS. Operator shall only be liable for any technical failures, malfunctions and/or any damages to property he causes in case of gross negligence or intent.
6.5. Notwithstanding the stipulations in sections 6.1. through 6.4. hereof, Operator shall not be held liable for any damages – including but not limited to damages for loss of data and/or profit, or due to business interruption – arising out of the use or inability to use the Courses and/or (course-) materials on MTS. These limitations shall not apply for personal injuries and all cases of gross negligence or intent by the Operator.
Operator has not reviewed any of the sites linked to MTS and is neither responsible nor liable for the contents of any such linked website. The inclusion of any link does not imply endorsement by Operator of MTS. Use of any such linked websites is at the User's sole discretion and risk.
Regardless of the agreed limited or unlimited duration of the contractual relationship, all contracting parties are entitled to terminate the contractual relationship with immediate effect, if there is an important reason which makes it appear unreasonable to continue the contractual relationship. This is particularly the case, if parties
9.0 If User is a consumer within the meaning of § 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz), User is entitled to withdraw from a contract concluded with the Operator pursuant to § 11 (1) FAGG.
User shall exercise his right of withdrawal against the Operator within 14 days from the time of the conclusion of the contract by a declaration in the sense of § 13 Abs 1 FAGG, for which the following contact possibilities are announced
“Master The Score”
Owner: Mr. Nikolaus Daim
A-1160 Vienna, Speckbachergasse 22/54
info@masterthescore.com
All payments made by consumer based on the contract will be refunded by Operator to consumer within 14 days from the date of the withdrawal notice, using the same means of payment as used by consumer for the original payment.
Before concluding a chargeable contract with Operator, consumer will be asked whether he expressly waives his right of revocation, in case consumer wishes to utilize Courses and/or (course-) materials immediately within 14 days of the conclusion of contract. In particular, consumer hereby receives information on his right of withdrawal, the time limits and the procedure for exercising this right by providing the sample revocation form in accordance with FAGG Appendix I, Part B, as well as on the obligation to carry the proportionate costs for services already rendered.
9.1 In addition to the above Master The Score offers a 30 days satisfaction period. In case a student is not happy with his/her purchase Master The Score will refund the complete amount if:
1. Not more than 25% of the course lessons have been completed. For verification purposes, the 'Progress' indicator in Teachable is utilized.
2. The refund was issued within 30 days after purchase.
Master The Score reserves the right to exclude customers who have claimed more than 2 refunds from future purchases.
10.1. Changes to these GTC are possible at any time and become legally effective 14 (fourteen) days following the initial publication. Operator will communicate all notices about changes to these GTC within reasonable time to Users via e-mail.
10.2. If User does not intend to accept amended GTC, User is entitled to terminate the contractual relationship with immediate effect not later than 14 (fourteen) days after having been informed via e-mail about the amendment of GTC without any right of monetary compensation.
10.3. In the event of continued use of MTS beyond the 14-day termination period according to section 10.2 of these GTC, User shall be deemed to have given his consent to the amended GTC.
11.1. These GTC are subject to Austrian law to the exclusion of the reference standards of international private law (IPRG) and the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2. All disputes arising out of or in connection with these GTC, including disputes concerning the existence or non-existence of these GTC, their violation, dissolution or nullity, shall be subject to the exclusive jurisdiction of the competent court at the domicile or, if applicable, registered office of Operator, provided that User is a businessman in the sense of the Austrian Consumer Protection Act (Konsumentenschutzgesetz).
11.2.1. In case any provision of these GTC is or becomes invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of these GTC. In such case, the contracting parties shall endeavour to replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the provision to be replaced. This shall apply mutatis mutandis in the event of loopholes.
11.2.2. Changes, additions and/or collateral agreements to these GTC must be made in written form. This shall also apply to a complete or partial amendment or cancellation of this written form requirement. Verbal collateral agreements to these GTC do not exist.
11.2.3. Any declarations that shall be made in written form according to these GTC can also be made by e-mail.
11.3. In consumer transactions, we would like to inform you about the possibility of dispute resolution via an online dispute resolution platform (Article 14, paragraph 1, sentence 1 of the ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN) and through national consumer arbitration bodies. The PROVIDER is not willing to participate in a dispute resolution procedure before a consumer arbitration body."
12.1. Master The Score does not own the copyright on any of the used softwares, plugins and VSTs used in the courses, course intros course example pictures and trailers, used on the webiste itself or on social media platforms. The tutors own a license of the used products.
12.2. ““Avid Pro Tools” is provided courtesy of Avid Technology, Inc.”“© [2022] Avid Technology, Inc. All rights reserved. AVID, the Avid logo, Pro Tools are either registered trademarks ortrademarks of Avid Technology, Inc. in the United States, Canada, European Union and/or other countries.”
Vienna, October 2023