Lynn Kleiner's Music Box
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WEB SITE TERMS AND CONDITIONS OF USE
This page states the Terms and Conditions under which you may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site. Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
Section 1. Use of Material.
The Company authorizes you to view and download a single copy of the material on this Web site ("Web Site") solely for you and your classes only. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this Agreement by reference.
The contents of this Web Site, such as text, music, graphics, images and other material ("Material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material. You may reproduce, display, publicly perform for your students only. The materials may not be distributed, or used in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited. Downloads of documents can be distributed to parents of enrolled or potentially enrolled students at your school or teaching locations only.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Company's Liability.
The Material may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR- FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRAN1Y OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRAN1Y OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Web Site is considered to be non- confidential. If particular Web pages permit the submission of communications, which will be treated by Company as confidential, that fact will be stated in "Legal Notices" on those pages. By posting communications to the Web Site, you automatically grant Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Company has no liability or responsibility to Users for performance or nonperformance of such activities. Company reserves the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 5. Noncompetitive Clause
Materials received on this site are offered to enhance your work with children’s music, but may not be used to compete with Lynn Kleiner’s Music Rhapsody, which includes offering classes within a 10 mile radius of a Music Rhapsody location.
Section 6. Membership and Billing.
You can find the specific details regarding your Music Box subscription at anytime by clicking on the "Support > Membership" link, located at the top of the pages of the Music Box.com web site. You may review this page by clicking Terms & Conditions at the bottom of any page.
Membership
Membership to Music Box is $75. Annually. However, membership does not grant access to some of our licensed content. Use of the Music Rhapsody name as well as other trade marked names, Babies Make Music, Toddlers Make, Kids Make Music; require license.
With a paid $75 membership, you agree to maintain a functional e-mail address where we can e-mail you iimportant member notifications. If that e-mail address becomes invalid, is over quota, or becomes inoperable, you agree to use the Edit Profile function of your membership page to change your e-mail address to your new working e-mail address. Click here for instructions. If the e-mail address you are registered with becomes inoperable, is over quota causing our e-mail to bounce, or in any way blocks our e-mail (either by the individual e-mail account holder or that e-mail accounts ISP) the company is not responsible for lack of services to you and you will lose all access to the site's membership areas.
Billing
By purchasing a Music Box paid subscription service, you are expressly agreeing that we are permitted to bill you a recurring subscription fee. As stated here, "billing" indicates either a charge or debit, as applicable, against your selected Payment Method. The subscription fee will be billed at the beginning of your subscription and on each SUBSEQUENT term renewal date unless and until you cancel your membership. You can find the specific details of your Lynn Kleiner’s Music Box subscription renewal period at anytime by clicking on the "Support > Membership" link, located at the top of the pages of the Lynn Kleiner’s Music Box web site. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We reserve the right to change our fees and charges, or add new fees and charges from time to time; however, you will receive advance notice of these changes by e-mail.
NOTE: you are required to keep your email address current in your membership profile. If your email becomes stale, your paid subscription may be cancelled to stop future billing. You still have access to your resources through the end of your paid period. Should your recurring payment method expire, your continued use of the service will require that you purchase a non-renewable subscription.
Automatic Renewals
To maintain your subscription status, your subscription will be automatically renewed annually. We will bill the subscription fee to the Payment Method you provide to us during registration. Your subscription will automatically renew annually, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of the next period's subscription fees to your Payment Method.
Cancellation
You may cancel your Lynn Kleiner’s Music Box paid subscription at anytime, and cancellation will be effective immediately. However, you will still retain access to your paid resources through the end of your paid period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-TERM SUBSCRIPTION PERIODS. To cancel, click the word "Cancel" on the your "Support > Membership" page.
We reserve the right to terminate your account for any or no reason.
Section 7. Software Licenses.
All software that is made available for downloading from the Web Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 8. Returns.
WE DO NOT PROVIDE REFUNDS OR CREDITS FOR DOWNLOADS PURCHASED. If we make an error in shipping a retail order, Music Box will send the corrected item(s) ordered to you at no charge. Please contact us by emailing info@musicrhapsody.com begin_of_the_skype_highlightingto begin the return process.
NOTE: all payment transactions begin processing immediately and are therefore final. We cannot revise or cancel any transaction once we have begun processing your credit card. If you need to cancel an order you have placed through us, please contact us directly by email.
All of the products sold on come with a 30-day money-back guarantee. You must contact to receive a return authorization number (RMA) number before returning any product(s). We accept no product returns without an RMA. To request an RMA, please contact us by email, info@musicrhapsody.com We must receive all returns within 30 days of delivery. NOTE: shipping and handling fees are not refundable.
We reserve the right to refuse any product(s) returned unless the item(s) are 100% complete, in original and re-salable condition, with all packaging, manuals, registration card(s), accessories.
Section 9. Limitation of Liability.
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for Company to you for all claims arising from the use of the Materials (including Software) is limited to $20.
Section 10. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors,
employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 11. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 12. User Information.
The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes. The Company will only disclose the information to third parties for the purposes of shipping product to you.
When you visit this Web Site, our web server automatically captures very generic information such as your login location (by State or County only) and browser type. This information is not shared with anyone outside Lynn Kleiner’s Music Rhapsody. We do collect summative data on what pages you access or visit and any information volunteered by you. This data is used for internal review and is then discarded. It is used to improve the content of our Web Site and not shared with other organizations for commercial purposes.
File submitters are given the option to have their e-mail address listed with a file, or not. We respect all requests for anonymity.
Section 13. General.
This Web Site is based in Redondo Beach California, USA. The Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Wyoming, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.