Effective Date: March 25, 2019
Accounts: MESH currently offers Family Accounts. Users of an account include both Adult Users and Child Users. Child Users are children under the age of 18 who use the music education services on the Site. Adult Users include parents and legal guardians of Child Users. A Family Account can have a maximum of five users, including one Adult User and up to four Child Users that the Adult User adds to the Family Account.
Passwords and Account Access: A Family Account has one designated Adult User who must be at least 18 years of age. The Adult User is responsible for creating the Family Account and maintaining the confidentiality of your password and Account information. As Adult User, you agree to the following: a) You will provide complete and accurate registration information about yourself and any indi-
vidual you authorize to access your Account; b) You will keep your Account information up to date; c) You are solely responsible for all activities that occur under your Account; d) You will immediately notify MESH of any unauthorized Account use;
e) You will not hold MESH responsible for any loss that you may incur as a result of any unau-
thorized use of your Account and password; and f) You will not sell, transfer, or assign your Account or any Account rights.
MESH reserves the right to deactivate any Account without notice if MESH learns that an ineligible User has created an Account or that an ineligible User is using an Account.
Account Fees, Subscription, and Cancellation: As a User of the Site, you acknowledge that MESH charges a monthly subscription fee for use of the Site. MESH reserves the right to change the monthly subscription fee at any time, provided that MESH notifies User by email of such change. By activating your Account, you agree that MESH may renew your subscription automatically for the same subscription term on the day after your previous subscription ends. For example: If you register for a free 30-day trial subscription on February 1, your subscription will automatically renew on March 1, April 1, and so on. However, when a date does not occur in a month, your Family Account will renew and be billed on the last day of that month. For example, if you activated a Family Account on January 31, your next re- newal and billing date will be on February 28 (or 29 in a leap year). Inaction by the User to cancel the monthly subscription constitutes agreement to have continued access to and use of the Site and to pay the monthly subscription fee. Subscription cancellation must be provided by User via email to MESH at least one week before the monthly subscription fee is due. Upon receipt of a timely cancellation, you will have continued access to and use of the services until the end of the current subscription month. Failure to pay any monthly subscription fee may result in your inability to access or use the services of the Site.
Authorization to Charge for Services: MESH only accepts credit card payments for activation and maintenance of Accounts. You au- thorize us to charge the credit card provided by you when registering for an Account. If we do not receive payment from the credit card provided, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your credit card payment provider. If the credit card provided is declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the credit card in full or in lesser installments of the initially incurred charge for the duration of the Account subscription and for up to an additional 90 days. You will not be charged more than the amount for which you purchased your Account subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider. We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of Company, Company will in no way be responsible or liable to you for any such breach.
Ownership of the Site: The Site is owned by My Everything Starts Here, LLC (“MESH”), a Virginia limited liability corpo- ration, having a principal place of business at 309 E. Main Street, Charlottesville 22902. MESH owns the copyright in all elements of the Site and all related intellectual property rights, including but not limited to all trademark rights and patent rights. The elements of the Site (“Site Content”) includes without limitation the content, software, code, data, art, graphics, animation, photo- graphs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic con- vention of the Site. Your use of the Site does not give you ownership of any Site Content.
All trademarks, logos, service marks, and trade names (collectively, the “Trademarks”) displayed on the Site are registered or unregistered trademarks owned by MESH or by third parties. The Trademarks owned by MESH may not be used unless authorized by MESH. Any trademarks not owned by MESH that appear on the Site, if any, are the property of their respective owners and may not be used unless authorized by their owners. Nothing on the Site shall be construed to grant any license or right to use the Trademarks displayed on the Site.
Limited License: MESH grants you a limited, nonexclusive, revocable, nonassignable, and nontransferable license (“License”) to access, display, view, use, play, and/or print one copy of the Site Content on a personal computer, mobile phone or other wireless device, or other internet-enabled device for your personal, noncommercial use only. The License is subject to your strict compliance with the Terms and your payment of applicable subscription fees. The License does not give you any ownership of, or any other intellectual property interest in, any Site Content or other information on the Site. You cannot use the Site Content in any way not granted by the License without the express prior written permission of MESH. All rights not expressly granted to you are reserved by MESH and/or our licensors and other third parties. Except as expressly provided in these Terms or with MESH’s express prior written consent, you may not modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any of the Site Content. Any use of the Site Content, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries.
Consideration You acknowledge and agree that your access to and use of the Site and the Site Content are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Agreement.
Use Restrictions: You agree to the following: 1. You will not engage in any activities, including but not limited to uploading, posting, emailing, or transmitting User-Generated Content, that (a) attempt to or do harm to MESH, the Site Content provided by MESH, or any others; (b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, inva- sive of another’s privacy, or are otherwise objectionable to MESH; or (c) violate any right of any third party, including but not limited to the uploading, posting, emailing, or transmitting of User-Generated Content that violates another person’s intellectual property right, right of pri- vacy, right of publicity, trade secret right, or other proprietary right; 2. You will not reverse engineer, disassemble, or modify any source or object code or any soft-
ware, videos, or other products, services, or processes accessible through the Site; 3. You will not install any software, file, or code on the Site that is not authorized by MESH, or
attempt to do so; 4. You will not engage in any activity that interferes with any user’s access to the Site or the
proper operation the Site; 5. You will not access or collect information from the Site using automated means (such as
through scripts, robots, scrapers, or spiders); 6. You will not use any meta tags or other “hidden text” utilizing any Trademarks owned by
MESH or present on the Site; 7. You will not interfere with or circumvent any security feature of the Site or any feature that
restricts or enforces limitations on the use of or access to the Site or the Site Content;
8. You will not use the Site for commercial or political purposes; 9. You will not disclose, harvest, or otherwise collect information, including email addresses or other private information about any third party including Child Users, without that party’s (or for Child Users, their parent or legal guardian’s) express consent; 10. You will not otherwise violate these Terms, or any Additional Terms, or solicit, encourage, or
facilitate anyone else to do so.
Links To The Site From Third Party Sites: If you include a link from any other web site to the Site, you agree that such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any specific element of the Site Content hosted on the Site (such as a video). You agree not to link from any other web site to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. MESH reserves the right to require that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time.
Indemnification: You agree to indemnify and hold harmless MESH, and its and their respective affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, and expenses (including reasonable legal fees) that may arise from your use of the Site in any way, your place- ment or transmission of any message, content, information, software or other materials on, to or through the Site, or your violation of law or breach of the terms of this Agreement. MESH reserves the right to assume the exclusive defense and control of any matter otherwise subject to indem- nification by you, and in such case, you agree to cooperate with the defense of any such claims by MESH.
General Disclaimer and Limitation of Liability:
MESH controls and operates the Site from its office in the United States of America. We make no representation that Site Content is appropriate or authorized for use in all countries, states, prov- inces, counties or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.
THESE TERMS, AND ANY ADDITIONAL TERMS, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS. You consent to the exclusive jurisdiction and venue of courts in Albemarle County, Virginia, USA in all disputes arising out of or relating to your use of the Site. Notwithstanding the foregoing, MESH shall have the right to bring action against visitors of the Site in courts of competent jurisdiction in the jurisdiction in which such visitors reside or are located: (i) to seek injunctive relief against such visitor, (ii) to obtain a judgment against such
visitor where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such visitor resides or is located, or (iii) to enforce a judgment obtained against such visitor in a Virginia court.
MESH does not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site or any of the Site Content. MESH is not liable for any errors, omissions, or inaccurate Site Content on the Site.
THE SITE AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH- OUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILA- BILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PUR- POSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. MESH DOES NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERI- ALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. MESH ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROP- ERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the ac- curacy and security of data input and output. MESH MAKES NO WARRANTY THAT THE SITES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LI- MITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL MESH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAM- AGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAM- AGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITA- TION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MESH BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EX- CHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT SHALL MESH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITES OR FOR ANY OF YOUR ACTIVITIES ON THE SITES.
You may terminate this Agreement by discontinuing your use of and access to the Site, and noti- fying MESH of subscription cancellation within one week of the payment due date. This Agree- ment is effective until terminated by you, or by MESH for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the Site and to immediately destroy all materials obtained from it.
You agree that MESH may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under this Agreement. This Agreement is personal to you and you may not transfer or assign it to a third party.
If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and MESH with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether elec- tronic, oral or written, between you and MESH with respect to the Site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business doc- uments and records originally generated and maintained in printed form.
Any rights not expressly granted in this Agreement are reserved to My Everything Starts Here LLC.
Effective Date: March 25, 2019
Thank you for visiting our Site, www.mymusicstartshere.com, owned and operated by My Everything Starts Here LLC (hereinafter “MESH”). Through the Site, MESH aims to provide quality music education to children in a fun and effective manner.
Information Collection, Use, and Sharing: MESH only has access to collect information that you voluntarily provide via account registration, email, or other direct contact from you. MESH will not sell or rent this information to anyone.
MESH will use your information to provide services to you through the Site and to respond to communications from you.
MESH will only share your information with a third party outside of MESH in order to run payment information provided by you. Currently our payments are handled by Stripe, Inc. Please visit www.stripe.com for more information on their policies.
MESH does not collect any information about Child Users.
MESH does not automatically collect information from you for tracking or analytics purposes.
Access to and Control Over Information: You may opt out of any future contacts from MESH at any time. You can do the following at any time by contacting MESH via the email address or phone number given on the Site:
• See what data MESH has about you, if any.
• Change/correct any data MESH has collected from you.
• Have MESH delete any data collected from you.
• Express any concern you have about MESH’s use of your data.
Security: MESH takes precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline. Wherever MESH collects sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While MESH uses encryption to protect sensitive information transmitted online, MESH also protects your information offline. Only employees or third parties who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which MESH stores personally identifiable information are kept in a secure environment.