Policy

Policy Effective Date: March 16, 2017 Please take a moment to carefully read through these Terms of Use.  At Living Music, we expect that our customer service team, which can be contacted at jodie@livingmusic.net, will be able to resolve any issues you may have as you take part in our services. In the unlikely event that an issue between us remains unresolved, please note that THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU.   DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS Living Music. (“Living Music," "we," or "us") provides online video service which gives users the opportunity to select from various program offerings, including tutorials, informational videos, clips, mp3’s, sheet music, books and other content (collectively, the "Content"). Our video service, the Content, and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by Living Music through a variety of Access Points (defined below) are referred to collectively as the "Services." The term "Access Points" refers to, collectively, the Living Music website, applications, and other places where any Services are available, including websites and applications of Living Music’s third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise link to Living Music access points.   Use of the Services (including access to the Content) is subject to compliance with these Terms which incorporate by reference our Privacy Policy available at Living Music ("Privacy Policy") and any end user license agreement that might accompany the applicable Service. Therefore, by accessing or using any of the Services through any Access Point (including by visiting the Living Music Site), you accept and agree to these Terms.   CHANGES TO THESE TERMS We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the Living Music Site. If we make a material change to these Terms, we will notify you by posting a notice on the Living Music Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Any material change to these Terms will be effective automatically 5 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 5-day period, at the time of registration or consent, as applicable.     ACCESS AND USE OF THE SERVICES   Your License. Living Music is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis, for personal, non-commercial purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the terms of your purchase.   The Content. Usage Rules and Limitations. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by Living Music in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Living Music in writing. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Living Music in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. Content Quality. Living Music uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, Living Music is unable to make any warranties about the Content in these respects.       3. Compatible Devices. In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Please note that Compatible Devices may vary by Service. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of your subscription.     4. Internet Service and Data Usage. In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams, as well as HD and 4K Ultra HD Content, may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.   5. Ownership. You agree that Living Music owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Living Music and Living Music's content programmers. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.   6. Your Responsibilities. In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Services, Content and embedding restrictions detailed above, and further agree that you will not use the Services in a way that: -      violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights; -      uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by Living Music (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services); -      involves accessing the Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices -      but not caches or archives -      of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); -      introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; -      damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including Living Music's servers, computer network, or user accounts; -      removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content); -      uses the Services to advertise or promote services that are not expressly approved in advance in writing by Living Music; -      collects information in violation of Living Music's Privacy Policy; -      encourages conduct that would constitute a criminal offense or give rise to civil liability; -      violates these Terms or any guidelines or policies posted by Living Music; -      interferes with any other party's use and enjoyment of the Services; or -      attempts to do any of the foregoing.     If Living Music determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.   8. No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Living Music and that the amount of such harm would be extremely difficult to measure.   9. Software Downloads. In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.   10. Modification/Suspension/Discontinuation. We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. Living Music reserves the right to replace or remove any Content and Access Points available to you through the Services and to otherwise make changes in how we operate the Services. You acknowledge that Living Music may do so in Living Music's sole discretion at any time without notice. If Living Music terminates your account or suspends or discontinues your access to Services due to your violation of these Terms, you will not be eligible for any such credit, refund, discount or other consideration.   11. Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by emailing jodie@livingmusic.net. It would be our pleasure to serve you. We aim to deliver first-class customer service, but in the unlikely event that a customer service representative provides information that is inconsistent with these Terms, please be aware that these Terms will control.   4. BILLING Billing. By providing a credit card or other payment method accepted by Living Music ("Payment Method") for your purchase, you are expressly agreeing that we are authorized to charge you one time fee in exchange for Living Music’s digital products of which is non-refundable.  5. COLLECTION AND USE OF PERSONAL INFORMATION For information about Living Music's policies and practices regarding the collection and use of your information, please read Living Music's Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Living Music Site and use of the Services through any other Access Point are governed by the Living Music Privacy Policy in effect at the time of your use.     6. USER REVIEWS, COMMENTS, AND OTHER MATERIAL   Your Posts. As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below.   Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that if you Post User Material on Living Music using a third party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address.   You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Living Music the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Living Music will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Living Music does not guarantee any confidentiality with respect to any User Material.   By Posting User Material, you are not forfeiting any ownership rights in such material to Living Music. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Living Music a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Services and on other platforms and services worldwide, including on or through any Access Point, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Living Music is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Living Music), fully-paid, royalty-free (meaning that Living Music is not required to pay you for the use of your User Material), and sublicensable (so that Living Music is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services). By Posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms.   Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Living Music does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Living Music. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason, as permitted by law. In no event does Living Music assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Living Music with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing jodie@livingmusic.net (subject line: "Inappropriate User Material").     7. LINKED DESTINATIONS AND ADVERTISING   Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that Living Music operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any information or engage in any transactions. These Terms do not govern your use of another website or destination.   Living Music is not responsible for the content or practices of any website or destination other than the Living MusicSite, even if it links to the Living Music Site and even if the website or destination is operated by a company affiliated or otherwise connected with Living Music. By using the Services, you acknowledge and agree that Living Music is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Living Music Site.   Third Party Advertisements and Services. Living Music takes no responsibility for and does not endorse any third party advertisements or any third party material Posted on any Access Point where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that Living Music is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, Living Music is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.   8. TRADEMARKS Living Music, the Living Music logo, and other Living Music marks, graphics, logos, scripts, and sounds are trademarks of Living Music. None of the Living Music trademarks may be copied, downloaded, or otherwise exploited.     9 .UNSOLICITED SUBMISSIONS It is Living Music's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Living Music's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Living Music creative work, including a film, series, story, title, or concept, would be purely coincidental.     10. DISCLAIMER OF WARRANTIES 
 ALL Living Music SERVICES, INCLUDING THE Living Music SITE, THE CONTENT, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Living Music DOES NOT MAKE ANY WARRANTIES OF MUSIC FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. 11. INDEMNITY   TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, DEPENDENTS, AND REPRESENTATIVES, AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE Living Music PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, ACTIONS, CAUSES OR RIGHTS OF ACTION, AND COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, (COLLECTIVELY, “CLAIMS”) – WHETHER KNOWN, UNKNOWN, ANTICIPATED OR UNANTICIPATED – DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATING TO OR RESULTING IN WHOLE OR IN PART FROM YOUR PARTICIPATION IN THE Living Music SERVICES AND YOUR USE OF Living Music CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OF BODILY INJURY, MEDICAL EXPENSES, LOSS OF EARNINGS, AND MENTAL ANGUISH, REGARDLESS OF WHETHER SUCH CLAIMS ARISE IN WHOLE OR IN PART FROM THE ACTS, OMISSIONS OR NEGLIGENCE OF THE Living Music PARTIES. Living Music ALSO RESERVES 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.   12. ARBITRATION OF CLAIMS   PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS. If you have an issue with the Services, we encourage you to review our frequently asked questions or contact our customer service team through jodie@livingmusic.net. In the event there is an issue that still requires attention, we want to make the resolution process as quick and efficient as possible.  We also want to specify now what each of us should expect in order to avoid any confusion later. To that end, you and Living Music agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution to jodie@livingmusic.net. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for Living Music.   If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Living Music agree that any and all claims that either of us may have arising out of or relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in these Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Services, must be resolved through binding arbitration before the American Arbitration Association (“AAA”) using its Consumer Arbitration Rules, available at www.adr.org or by calling the AAA at 1-800-778-7879.  As an exception to this arbitration agreement, MommaStrong is happy to give you the right to pursue in small claims court any claim that is within that court's jurisdiction as long as you proceed only on an individual basis.   You and Living Music agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.   It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against Living Music, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that Living Music reimburse your reasonable attorneys' fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in Living Music's favor, Living Music will not seek reimbursement of our attorney's fees and costs, regardless of who initiated the arbitration. For clarity, this arbitration provision will survive cancellation of your Living Music account.   Please consult an attorney should you have any questions about any term or condition of Living Music services.   Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it's important that you and Living Music agree on the process described in this Section.    13. LIMITATION ON TIME TO BRING A CLAIM To help resolve any issues between us promptly, you and Living Music agree to bring any claim arising out of or relating to these Terms (including Living Music’s Privacy Policy), our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.   From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on the Living Music Site and other Access Points). You consent to receive electronic communications from Living Music and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records. THANK YOU FOR TAKING THE TIME TO READ THESE TERMS. BY LOGGING IN TO THE LIVING MUSIC SITE AND USING THE LIVING MUSIC SERVICES, YOU WARRANT THAT YOU UNDERSTAND AND AGREE TO ALL TERMS AND CONDITIONS OF SERVICE.