Terms of Use
Updated May 2023
Definitions
musicnotesacademy.com and the MNA Customer Community (the “Website”) is owned and operated by Music Notes Academy, LLC (“MNA”).
The terms “Music Notes Academy, LLC”, “MNA”, “we”, “us”, “our” and “ours” when used in these Terms of Service means Music Notes Academy, LLC which includes all its parents, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of Music Notes Academy, LLC.
The terms “you”, “your” and “yours” when used in these Terms of Service means any user of this Website.
Agreement
Access to and use of this Website and the information, materials, products and services available through this Website are subject to all applicable laws and regulations and to these Terms of Service.
By accessing this Website, you agree to these Terms of Service which form a legally binding agreement. If you do not agree, please exit this Website.
These Terms of Service may be changed by us from time to time without specific notice to you. The latest Terms of Service will be posted on the Website, and you should always review these Terms of Service prior to using the Website to ensure that you have a current understanding of the Terms of Service under which you are permitted to access this Website. If you cannot access the Terms of Service via the Internet, we can provide a copy of the most recent Terms of Service by e-mail upon request.
Product & Services
Information All references on this Website to information, materials, products and services apply to information, materials, products and services available in the territories in which we conduct business, which is presently the State of New Jersey, USA. Nothing in this Website constitutes an offer to buy or sell our products or services in any territory. This Website is for information purposes only
Ownership
Unless otherwise indicated, this Website and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of MNA or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.
The posting of any such elements on this Website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Website. Except as otherwise provided herein, none of the these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Website for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Service.
MNA Trademarks
The trademarks, logos, and service marks (collectively “Trademarks”) appearing on the Website are the property of MNA and other parties. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark. For the avoidance of doubt, LEARN TODAY, PLAY TOMORROW® is a registered trademark of MNA. All rights reserved.
Hyperlink Disclaimer
This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a website not controlled by MNA does not mean that MNA approves, endorses or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
A NOTE ABOUT MINORS
This Website is a business and commercial site. As such, it is not intended for children or minors. In compliance with the Children’s Online Privacy Protection Act of 1998, no one under 13 years of age can use the Website. If you are a minor between the ages of 13 and 18, you may use the Website only in conjunction with your parent, legal guardian, or other responsible adult.
Privacy
We respect your privacy and the use and protection of your the non-public, personally identifiable information (“Personal Information”). Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Website. If you have any questions regarding MNA’s privacy practices, you may contact us.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANT ABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any Website with which it is linked.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation
Indemnity and Release
You agree to indemnify and hold MNA and its affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your use of the Website; (ii) your violation of these Terms of Service; or (iii) your violation of any rights of another including but not limited to another entity’s intellectual property right.
Exclusion of Liability
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by MNA. When you access these third-party sites, you do so at your own risk. MNA takes no responsibility for third party advertisements which are posted to the Website. MNA is not responsible for the conduct, whether online or offline, of any user of the Website. These limitations apply to any matter related to: the Website; third party Internet sites; viruses or other disabling features; and software, or hardware.
Infringement
If you believe that content found on the Website violates your intellectual property rights, please notify Music Notes Academy, LLC @ PO Box 4275 Metuchen, NJ 08840. Provide all of the following in writing: (i) identify the intellectual property that you claim has been infringed (or if multiple works of intellectual property, then a representative list of such works); (ii) identify the content of the Website that you claim is infringing with enough detail so that we may locate it; (iii) provide a statement by you that you have a good faith belief that the disputed content is not authorized by the intellectual property owner, its agent, or the law; (iv) provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the intellectual property interest involved or that you are authorized to act on behalf of the exclusive owner; (v) provide information reasonably sufficient to permit MNA to contact you, such as an address, telephone number, and email address; (vi) and your physical or electronic signature. Upon receipt of notice as described above, MNA will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.
Entire Understanding
These Terms of Service contain the entire understanding between you and us with respect to this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Law & Jurisdiction
These Terms of Service contain the entire understanding between you and us with respect to this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Contacting Us
If you have any questions regarding these Terms of Service or any other matter, you may contact us in by writing to us at Music Notes Academy, LLC PO Box 4275 Metuchen, NJ 08840 or by e-mailing us.