By using, accessing, or visiting the Website, and by using the Services and/or the content made available on the Website, including but not limited to HeidiSongs’ music and companion teaching materials, CDs, DVDs, video streams, printable files or physical workbooks (hereinafter, the “Content”), you (“You” or “User”) agree to comply with and be bound by these Terms, and to follow all applicable laws, guidelines, and regulations governing the Website, the Services, and the Content.
HeidiSongs shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms without notice or liability to you. Any changes to these Terms shall be effective immediately following the posting of such changes on the Website. You agree to review these Terms from time to time and agree that any subsequent use by you of the Website, Services, and/or Content following changes to these Terms shall constitute your acceptance of all such changes.
YOU AGREE THAT BY USING THIS WEBSITE AND THE SERVICES AND/OR CONTENT HEREUNDER, YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. Users younger than eighteen (18) years of age (“Minors”) may only access this Website and the Services and Content hereunder with the express authorization and consent of the Minor’s parent, legal guardian, school district, school or teacher, after said parent, legal guardian, school district, school or teacher has agreed to the Terms herein. Access to the Website, Services and/or Content may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Website, Services, and/or Content, you are solely responsible for compliance with the laws and regulations of your jurisdiction.
The Services and Content on the Website may be used only for lawful purposes, which expressly includes the streaming of the licensed Content in a physical or virtual classroom for educational use, as set forth in Paragraph 9 herein. HeidiSongs specifically prohibits any use of the Services and Content, and all users agree not to use the Services or Content, for any unauthorized purpose. You agree that in connection with your use of the Website and the Services and Content provided thereon, you will not do any of the following:
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. HeidiSongs will investigate occurrences that may involve such violations, and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
You are responsible for maintaining the confidentiality of your information as it relates to the Services and Content provided on the Website, including your username and password, and you are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your computer or other device that you access the Services and Content from, it is important you always log out so no other individual will have unauthorized access to the Services or Content. You agree to immediately notify HeidiSongs of any unauthorized use of your username and password by a third-party user.
The Services and Content provided on the Website are offered only for video streaming for educational use, and the Website is only a conduit for such video streaming.
Each user is solely responsible for deciding whether the Services and Content offered are suitable for your own purposes and whether the Services and Content match your needs.
HeidiSongs grants you a limited, non-exclusive license to access and use the Services and Content for your own personal and non-commercial purposes, including educational use for your students in a physical or virtual classroom setting. This includes rights to view the Content on Company’s Website and related applications.
If you elect to access any component of the Services and/or Content for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when accessing any component of the Services and/or Content for which there is a fee.
The Services may allow you to access digital Content on a pay-per-view basis, subscription basis, rental, or purchase on up to 3 devices per account. The basis on which the Services and/or Content is available on the Website will be indicated on the product detail page for which you may purchase the digital Content. Subject to your payment of any applicable fees, purchases, subscriptions, rentals, or pay-per-view, HeidiSongs grants you a limited, non-exclusive, worldwide, non-transferrable, personal (not subject to sublicense by you), revocable license to view the Content via video stream based upon the applicable fees, purchases, subscriptions, rental or pay-per-view options selected by you.
The Content is intended for usage in a single classroom setting (“One Classroom”), defined as including up to twenty-five (25) students in a physical location at a single time, or up to twenty five (25) students (collectively) in a single virtual or online classroom setting. If the One Classroom participation exceeds 25 students, a second physical copy of the Content or online subscription must be purchased to cover product usage under the limited licenses provided herein.
HeidiSongs allows you to print and/or copy as many pages as are needed for your use in One Classroom. You may transfer Content to another storage device for your personal or One Classroom usage under an appropriate paid-for subscription only, up to a maximum of three (3) devices per account. You may not give a digital copy of the licensed Content to a fellow teacher or lend the licensed Content to others for copying and use in other classrooms.
HeidiSongs makes no guarantees as to the resolution and quality of your digital Content when streaming. The quality and speed of your stream of digital Content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.
The digital Content available under specific payment plans may change from time to time, at the sole discretion of HeidiSongs. HeidiSongs makes no guarantee as to the availability of a specific payment plan or specific digital Content.
By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You can update and change this information at any time by logging into your video library, and clicking the settings tab under the username.
Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing. Refunds will be limited to one month (30 days) of subscription or rental fees; otherwise, account credit may be offered and limited for up to 3 months of use, depending on specific circumstances and solely determined by HeidiSongs.
While HeidiSongs values user feedback, please be specific in your comments and do not submit any unsolicited creative ideas, inventions, or suggestions.
If, despite our request, users send unsolicited creative ideas, inventions, or suggestions, all such submissions shall be deemed the property of HeidiSongs in whole or in part. HeidiSongs shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.
No part of the submissions shall be subject to any obligation of confidence and HeidiSongs shall not be liable for any use or disclosure with respect to unsolicited submissions.
HeidiSongs and any other third-party Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of HeidiSongs and/or the third-party Company, and any unauthorized use of such trademarks and trade names is prohibited.
The Services (including without limitation all programs, compiled binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of HeidiSongs and is protected by copyright, trademark, and other intellectual property common law and statutory laws of the United States and other countries.
You agree that HeidiSongs owns and retains all rights to the Services and Content provided on the Website, and that such Services and Content are solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common law and statutory laws of the United States and other countries.
You may not sell or modify the Services or Content provided on the Website, or reproduce, display, publicly perform, distribute, or otherwise use the information on the Website, or its Services and/or Content, in any way for any purpose except as expressly set forth herein.
Similarly, you may have the option to Twitter, Facebook or other social networking services through the Website in order to share links and Content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking services.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR ANY OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
If the Services and/or Content provided on the Website require or include downloadable software such as an app, or use of software provided by HeidiSongs for Publishers, HeidiSongs grants a limited, non-exclusive, worldwide, non-transferrable, personal (not subject to sublicense by you), revocable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purpose of accessing the paid-for Services and Content provided through the Website.
Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.
Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.
This License does not allow users to use the Software on any device or account that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.
Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of HeidiSongs and/or third-party Companies from which HeidiSongs has licensed the Software. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.
Users acknowledge and agree that use of the Software may require HeidiSongs to acquire user’s mobile phone number and perhaps additional such information in order to obtain access Software.
Users agree that HeidiSongs may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. HeidiSongs may use this information, as long as it is in a form that does not personally identify a user.
HeidiSongs shall have the right, and you agree, that in its sole discretion and with reasonable notice either posted to the Website and/or sent to your email address, HeidiSongs may revise, automatically update, or otherwise modify the Software at any time. Your continued use of the Software thereafter constitutes acceptance of and agreement to such changes.
This License is effective until terminated by HeidiSongs, at its sole discretion. Your rights under this license will terminate automatically without notice if you fail to comply with any terms of this License. Upon termination, you shall cease all use of the Software and delete all versions of the Software possessed by you.
The warranty and limitation of liability provisions set forth below apply also to the use of the Software, as well as the Website, and the Services and Content provided thereon.
If you are a copyright owner or an agent thereof and believe that any Services and/or Content provided on the Website, including without limitation any User Generated Content, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
HeidiSongs’ designated Copyright Agent to receive notifications of claimed infringement is: Kinney Law, P.C., 8391 Beverly Blvd., Suite 568, Los Angeles, CA 90048, Attn: Christiane C. Kinney, Esq.; [email protected] For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to HeidiSongs’ customer service at [email protected] You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
HEIDISONGS DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, HEIDISONGS IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
HEIDISONGS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.
THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, HEIDISONGS DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON HEIDISONGS’ PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
HEIDISONGS TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS HEIDISONGS RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND HEIDISONGS’ CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER HEIDISONGS NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS HEIDISONGS TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
HEIDISONGS IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER HEIDISONGS NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES AND/OR CONTENT OR FROM ANY ACTIONS HEIDISONGS TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, SUSPENSIONS, MODIFICATIONS, ALTERATIONS, TERMINATIONS OF SERVICES, REMOVAL OF CONTENT, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF HEIDISONGS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HEIDISONGS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM: (I) YOUR USE OF THE WEBSITE, AND ITS SERVICES AND/OR CONTENT; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS; OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. HEIDISONGS SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. HEIDISONGS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
By using the Website and its Services and Content, you consent to receive electronic communications from HeidiSongs. These communications may include emails about your account, password, access, marketing, transactional and other information related to the Services and/or Content and to your account.
Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between you and HeidiSongs.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in the in the State of California in connection with any action arising out of or related to these Term of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.
If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
You may not assign these Terms of Service or any of your rights or obligations hereunder.
Except as expressly specified herein, this Agreement shall create rights and obligations only between HeidiSongs and each individual user and it does not create any rights for any other parties.
Under California Civil Code § 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.