Kindermusik utilizes multi-platform services that provide users with information, materials, functions and musical and educational content (“Content”). Kindermusik Content can be experienced on a mobile platform (the “App”), a website(s) (the “Website”), and/or other electronic devices, collectively referred to as “Applications”. Applications are used for finding, listening, watching, and playing Content, including all functionality, websites, mobile applications, speakers, content players and all content and software, are known as the “Services.” A User (“User”, “you”, “your”) includes all persons interacting or accessing any Application, including but not limited to the account holder, the person interacting with the Applications , and the audience experiencing the results of a Kindermusik experience. This Statement governs your use of our Applications and Services as the User.
By using Kindermusik Applications or by clicking a box that states that you accept or agree to these terms, you signify your agreement to this Statement. We encourage you to read the Statement, and to use the information it contains to help you make informed decisions. If you do not agree to this Statement, you may not use the Applications.
We have created this Statement to tell you what information the Applications collect, how we use that information, and who we will share that information with, if at all. This Statement does not address the privacy practices of any third parties that we do not own, control, or are affiliated with.
We consider all information obtained by using Applications to be a private communication between Kindermusik, Kindermusik program providers and parents. All communications to Parents and caregivers are handled via the parent’s email address. In order to create an account with Kindermusik, parents are required to validate their email address and will then only have visibility to information shared to that specific email address. We will not collect any personal information about adults or children except when specifically, and knowingly provided by a Parent to Kindermusik and/or to Kindermusik program providers. Personal information gathered on our Applications is collected and used only by Kindermusik and Kindermusik program providers.
This Statement governs your use of our Services as the User.
By accessing, visiting, or browsing our Services, you accept and agree to this Statement. If you do not agree to this Statement, do not use the Services.
Information collected by Kindermusik is used internally by our authorized employees for the following purposes:
We hope that you, our customers, will want to provide information about yourself to Kindermusik because it will make your experience on our sites more valuable. If you are comfortable sharing some basic information, you will receive enhanced services that are impossible to offer to anonymous users. Examples of such services may include e-mail notices of special and discount items, e-newsletters, and special mailings. On occasion, Kindermusik may also share non-personal, summary information regarding our customers with unrelated third parties (for example, we may publicly disclose the aggregate number of registered users of our website). However, we will not share any personal information about any particular customer with any third parties.
If you do not want to receive e-mail or other mail from us or if you wish to check your information, please e-mail us at email@example.com.
Kindermusik displays retargeted ads to our site prospects across the Internet. We collect Non-Personally Identifiable Information about your visits to our website, and your interaction with our products and services. The anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. No Personally Identifiable Information is collected during this process. If you do not want Kindermusik to collect this information, you may opt out of their service. Opting out will not affect your use of our site.
Kindermusik protects your information during transmission by using Secure Sockets Layer (SSL) software which encrypts personal information that you input on our site. The information you input is encrypted before it is transmitted over the Internet. SSL technology is the industry standard for secure online transactions. We reveal only the last four digits of your credit card numbers when confirming an order; however, the entire credit card number is securely transferred to the appropriate credit card company for processing. Kindermusik does not store credit card numbers.
Some services on the Applications permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at firstname.lastname@example.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Applications. In addition, you agree to exit from your account at the end of each session.
We may suspend or terminate your account and your ability to use any Applications or portion thereof for failure to comply with this Statement or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
If you do not want us to deploy cookies in the Applications, you can opt out by setting your devices to reject cookies. You can still use the Applications if you choose to disable cookies, although your ability to use some of the features may be affected. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies.
We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used to help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon
In this Statement, we use the word “Submissions” to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through our Applications. There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on Applications for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration”) (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through any Applications for which you do not seek Consideration (such as in our Guest Services and in Public Forums (as defined below in Section 3, entitled “PUBLIC FORUMS AND COMMUNICATION”)). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any Applications. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Except as expressly stated in this Statement, the provisions of this Statement apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all content formats and channels now known or hereafter devised (including on Applications, on third party websites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical content, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in Section 4 labeled “RULES OF CONDUCT”) and other requirements of this Statement and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by this Statement (including the Submissions License). This Statement (including the Submissions License) does not limit any past or future grant of rights, consents, statements, assignments and waivers you may have made or make with respect to Submissions.
To the extent that any Submissions you Distribute on or through our Applications contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on or through Applications (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 3, labeled “PUBLIC FORUMS AND COMMUNICATION”)) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, statements and assignments whether or not your Submissions are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, statements, assignments and waivers set forth in this Statement.
To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same statement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, statements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, statements, assignments and waivers made by you with respect to Submissions submitted by you to us.
“Public Forum” means an area, site or feature offered as part of our Applications that offers the opportunity for users to Distribute Submissions for viewing by one or more Application users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these Public Forums; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you Distribute on or through any Applications under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
The following Rules of Conduct apply to the Applications. By using the Applications, you agree that you will not Distribute any Submission that:
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of this Statement, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any Application that violates this Statement (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce this Statement (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any Applications. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Statement or claims arising from your use of the Applications and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO APPLICATIONS OR ANY THIRD-PARTY SITES OR SERVICES LINKED TO FROM ANY APPLICATIONS IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY APPLICATIONS OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY OUR APPLICATIONS OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A APPLICATIONS OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY APPLICATION. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO APPLICATIONS OR CHANGE THE APPLICATIONS OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN This Statement APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KINDERMUSIK , ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE KINDERMUSIK SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER KINDERMUSIK HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO KINDERMUSIK SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO KINDERMUSIK DURING THE PRIOR THREE MONTHS IN QUESTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINDERMUSIK SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. KINDERMUSIK DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF KINDERMUSIK SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A KINDERMUSIK AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
Further, unless both you and Kindermusik agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If any provision of this Statement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Statement and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of this Statement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Statement shall not constitute a waiver of such right or provision. In this Statement, the word “including” is used illustratively, as if followed by the words “but not limited to.” YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO This Statement OR ANY APPLICATIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. Supply of goods, services and software through Applications is subject to United States export control and economic sanctions requirements. By acquiring any such items through Applications, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through Applications if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on any Applications, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to Kindermusik International that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Kindermusik may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
This Statement will be interpreted in accordance with the laws of the State of North Carolina, including all matters of construction, validity, performance, and enforcement, without giving effect to any principles of conflict of laws. You agree that any action at law or in equity arising out of or relating to this Statement or the Applications shall be filed, and that venue properly lies, only in state or federal courts located in Greensboro, North Carolina, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any Applications is appropriate or available for use in any particular location. Those who choose to access Applications do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
At any time, we may amend this Statement (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to this Statement, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Websites covered by this Statement. Any such amendment to this Statement will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Websites. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.
If we suspect that you are violating any of the conditions described in this Statement , or if you are found to be using our Services improperly, we reserve the power to terminate your account without notice and without compensating you.