Terms of Use

Terms Of Use

Magicmusicmethod.com is owned and operated by Magic Music Method. (“Magic Music Method,” “we,” or “us”). Magic Music Method provides a fun new way to learn to play music. These terms of use (this “Agreement”) govern your access to and use of our our mobile services, web site, and any software provided on or in connection with the Magic Music Method service (collectively the “Service”), so please read the Agreement carefully before using the Service.

By accessing or using the Service, you agree to be bound by this Agreement and by our Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

  1. Magic Music Method CONTENT AND FEEDBACK
    1. Our license to you: Subject to the terms and conditions of this Agreement, Magic Music Method provides you with a license to use the Service for your personal, noncommercial use only and as expressly permitted by the features of the Service. Magic Music Method may terminate this license at any time for any reason or no reason.
    2. Magic Music Method Content: All materials on the Service and the Service itself and all Intellectual Property Rights contained therein or related thereto, are the property of Magic Music Method and/or its licensors (together “Magic Music Method Content”). Except as expressly provided in this Agreement, you may not sell, license, modify, copy, or otherwise exploit the Magic Music Method Content without our permission.
    3. Feedback you provide: We love hearing from our Users, and are always interested in learning of ways we can make Magic Music Method better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Magic Music Method under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Magic Music Method does not waive any rights to use similar or related Feedback previously known to Magic Music Method, or developed by its employees, or obtained from sources other than you.
  1. 2. USE OF OUR SERVICE
    1. Magic Music Method accounts. Magic Music Method may now or in the future allow Users to create accounts. Magic Music Method accounts will give you access to the Magic Music Method services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an Magic Music Method account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Magic Music Method with a third-party service like Facebook, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
    2. Your responsibility for your account: You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Magic Music Method immediately of any breach of security or unauthorized use of your account. Magic Music Method will not be liable for any losses caused by any unauthorized use of your account. When creating your account, you must provide accurate and complete information.
    3. How to control your account: You may control your User profile and how you interact with the Service by changing the settings on your profile page. By providing Magic Music Method your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. For more information, please read our Privacy Policy.
  2. 3. PURCHASES:
    1. Certain aspects of the Service may allow you to purchase merchandise for a fee.
    2. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction or interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
    3. Risk of Loss. All products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Magic Music Method. Title to products purchased on the Service, as well as the risk of loss for such products, passes to you when Magic Music Method or our supplier delivers these items to the carrier.
  3. 4. PRIVACY AND SECURITY:
    1. We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States. Magic Music Method cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
  4. 5. THIRD-PARTY LINKS, SITES AND SERVICES:
    1. The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Magic Music Method. Magic Music Method does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk and You expressly relieve Magic Music Method from any and all liability arising from your use of any third-party website, service, or content.
  1. 6. LIMITATION OF LIABILITY:
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Magic Music Method, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL Magic Music Method BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Magic Music Method ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. IN NO EVENT SHALL Magic Music Method, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR.
    3. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Magic Music Method HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    4. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
    5. The Service is controlled and operated from its facilities in the United States. Magic Music Method makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
  2. 7. MISCELLANEOUS LEGAL TERMS:
    1. Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Magic Music Method without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
    2. Governing Law. You agree that: (i) the Service shall be deemed solely based in Tennessee; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Magic Music Method, either specific or general, in jurisdictions other than Tennessee. These Terms shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state or federal courts located in Nashville, Tennessee, for any actions for which either party retains the right to seek injunctive or other equitable relief.
    3. 3. Notification Procedures and changes to the Agreement: Magic Music Method may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by Magic Music Method in our sole discretion. Magic Music Method reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Magic Music Method may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the “last modified” date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. Magic Music Method is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
    4. Entire Agreement/Severability: This Agreement, together with any amendments and any additional agreements you may enter into with Magic Music Method in connection with the Service, shall constitute the entire agreement between you and Magic Music Method concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
    5. No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Magic Music Method’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
    6. Contact: Please contact us at musicisagame@gmail.com with any questions regarding this Agreement.
  1. This Agreement was last modified on [7/30/15], and was first published and made effective on [7/30/15].