Welcome to Mind Muzic! PLEASE READ CAREFULLY.
The term “Mind Muzic”, “us” or “we” refers to Mind Muzic LLC, the owner of this website (which includes both MindMuzic.com & MindMuzicPlus.com and all of its sub-domains). When you register for Mind Muzic for a trial or paid plan for a school or district, or as a parent, you become a “User” and the learners who use Mind Muzic through you are “Students”.
If you disagree with any part of these terms and conditions, please refrain from using our website. We may update these “Terms” from time to time and condition your continued use of our website and Content on your agreeing to those revised terms.
The public portions of this website are provided for potential Users.
Only school staff and parents or guardians may become Users. Do not register for Mind Muzic as a User for a trial or paid plan unless you represent a school or district, or are a parent or guardian of a learner.
You may need to download additional software from third parties to view aspects of our website; if so, your use of such software will be governed by your agreement with those parties.
You must comply with any Mind Muzic policies regarding the acceptable use policy (AUP) of Mind Muzic concerning Student-generated content or Student-to-Student communication; however, we may enforce our AUP in our sole discretion, and you may want to promulgate and enforce your own guidelines and policies above and beyond the Mind Muzic AUP for Students and Users through your account using the content review and moderation tools provided by Mind Muzic.
B. Terms of Commercial Use
The general terms of each subscription plan or free trial are available at https://mindmuzicplus.com/lessons/?cat=0
C. Free Trial Offers, Subscription, Refund
Representatives of schools and districts may request one or more trial periods as needed to evaluate Mind Muzic, which will be granted in our discretion. By registering for a free trial, you consent to our contacting you to follow up on your experience with Mind Muzic and the potential purchase of a paid license. Free trials are not available to anyone under the age of 18.
You may only register as an individual for a free trial once.
Credit card usage:
By providing your credit card to pay for a paid plan, you agree to pay us the fees indicated for that plan. Plans (other than school-wide or district plans) that are not canceled before the end of the applicable subscription period will automatically renew and you authorize us to collect the then-applicable subscription fee for such service using any credit card or other payment mechanism we have on record for you.
Subscription fees are non-refundable. Payments will be charged on the day you sign up for a service and will cover the use of that service for the time period specified for the requested plan. A subscription can be canceled anytime using the “Cancel Membership” link in the website's footer. If you cancel your subscription, you will have access until your next billing date and will not be billed again.
Plans paid for with a purchase order:
By submitting a purchase order, you agree to pay in full within 30 days of receiving an invoice from us, unless otherwise specified in a Mind Muzic Order Form.
We comply with the Children’s Online Privacy Protection Act, or “COPPA” by obtaining authorization from the applicable school
Rights and Privacy Act (FERPA) by appropriately limiting how we use Student data and by following your instructions concerning the treatment of Student data.
E. Usage of Website/Content
You may not use our website or the Content in any of the following ways:
for any commercial purpose without our prior express permission
You may not post Usernames or Passwords on any website. You may only post-class codes and activation links on password-protected websites accessible by only your school community. They may not be posted on public websites. You are responsible for ensuring that Students comply with these usage terms. We reserve the right to adopt and enforce other appropriate usage guidelines for Generated Content from time to time.
F. Intellectual Property & License
The plans we offer specify what Content you can access, who may access the Content through you, and the number and/or type of devices you may use to access the Content. We grant to you (and, where applicable, your Students) a non-exclusive license to view and display the Content for only so long as we make it available to you under your plan through the website.
If you provide any suggestions for Content or improvements to Content or our website, you grant us a perpetual, irrevocable, royalty-free, global, non-exclusive license to use those suggestions in any manner we choose.
G. Warranty Disclaimer
We provide the Content in the hope that it will be educational and appropriate for a wide range of learners. You must determine during your trial period and thereafter whether the Content (and which Content) meets your needs and those of your learners.
We don’t guarantee that the website will be continuously operational, and we assume no liability relating to interruptions in your use of our website or errors in the Content. Accordingly, this website and all Content is provided on an “as is” basis, and your use (and Students’ use) of this website and the Content is at your and their own risk, without warranties of any kind, express, statutory, or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose or non-infringement.
We disclaim any warranty or liability for the accuracy, timeliness, performance, completeness, or suitability of the Content and any information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
H. Limitation of Liability
Neither Mind Muzic nor any of its officers, directors, employees, partners, agents, affiliates, or licensors be liable to you or any other person for any indirect, incidental, special, or consequential damages arising out of or relating to your use of our website or Content.
If you are not currently a User under a paid plan with Mind Muzic, your sole and exclusive remedy for our negligence or breach of these terms shall be for you to discontinue your use of our website and Content.
If you are a User under a paid plan with Mind Muzic, our maximum liability to you (for any claim whatsoever, including direct claims or claims for indemnification) shall be the aggregate amount that you paid us within the prior 12 months.
If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse such websites and you waive all claims against us from your use of such websites.
You agree to indemnify us and our officers, directors, employees, partners, agents, affiliates ad licensors from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of our website and Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defenses.
Questions about the Terms & Conditions should be sent through our contact form at https://mindmuzicplus.com/contact/.
This Terms & Conditions document was last modified on May 5th, 2021.