Updated on the 5th of September of 2019.
IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, THEN YOU MAY NOT CONTINUE YOUR USE OF THIS SITE.
BY ENTERING THIS AGREEMENT, YOU SPECIFICALLY AGREE (I) THAT ARBITRATION IS THE EXCLUSIVE DISPUTE RESOLUTION METHOD FOR ALL YOUR DISPUTES WITH KIDS MAGICAL MUSICAL COMPANY; AND (II) TO WAIVE ANY AND ALL OF YOUR RIGHTS TO PURSUE OR PARTICIPATE IN A CLASS ACTION AGAINST KIDS MAGICAL MUSICAL COMPANY, ITS AFFILIATES, AND RELATED PARTIES WITH REGARDS TO THE SITE.
All content included in or made available through this site, such as songs, games, activities, text, graphics, images, music, videos and the trademarks, service marks, logos and button icons and other intellectual property rights related to the same contained therein is the property of or licensed to Kids Magical Musical Company and subject to copyright and other intellectual property / other rights protected by The United States and international intellectual property laws.
License and Access:
Kids Magical Musical Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com.
YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. THIS SITE AND THE ASSOCIATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND BY KIDS MAGICAL MUSICAL COMPANY OR ITS AFFILIATES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EACH OF MAGICAL MUSICAL COMPANY AND ITS AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NEITHER KIDS MAGICAL MUSICAL COMPANY NOR ITS AFFILIATES, WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENT STATE, OR OTHERWISE.
KIDS MAGICAL MUSICAL COMPANY USES REASONABLE EFFORTS TO ENSURE THAT INFORMATION ABOUT ANY OF THE CONTENT ON THIS SITE ARE CORRECT. HOWEVER, KIDS MAGICAL MUSICAL COMPANY CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION AND WILL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS OR OTHER DEFICIENCIES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTIES TO BE DISCLAIMED, THE ABOVE DISCLAIMER MAY NOT APPLY IN FULL TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, KIDS MAGICAL MUSICAL COMPANY AND/OR ITS AFFILIATES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMER AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
Limitations of Liability:
YOU ACKNOWLEDGE THAT YOU, OR ANYONE ELSE USING THIS SITE WILL USE IT AT YOUR/HIS/HER OWN RISK OF PROPERTY AND PERSONAL INJURY, WHETHER SUCH INJURY IS FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, SEIZURES, VISION PROBLEMS, OR OTHER SYMPTOMS RELATED TO THE USE OF THIS SITE. IN FACT, YOU ACKNOWLEDGE THAT THE USE OF THE MEDIA AND CONTENTS WE PROVIDE MAY RESULT IN PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, SEIZURES OR VISION PROBLEMS, AND THAT YOU, AND ANYONE ELSE USING THIS SITE FROM YOUR DEVICE, IS FIT FOR SUCH USE.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, IN ANY MANNER, FORESEEABLE OR OTHERWISE. ALSO, WE SHALL NOT BE LIABLE FOR YOUR OR ONE’S INABILITY TO ACCESS THIS SITE, NOR SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY AS TO ANY VIRUS OR MALICIOUS CODE ON YOUR OR THEIR DEVICES ALLEGEDLY RESULTING FROM THIS SITE; EVEN IF KIDS MAGICAL MUSICAL COMPANY AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL CUMULATIVE LIABILITY OF KIDS MAGICAL MUSICAL COMPANY, ITS AFFILIATES AND/OR THIRD PARTY SUPPLIERS TO YOU OR TO ANY THIRD PARTIES, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID TO KIDS MAGICAL MUSICAL COMPANY (AND/OR ITS AFFILIATES) PURSUANT TO THIS AGREEMENT OVER THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, PORTIONS OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, KIDS MAGICAL MUSICAL COMPANY AND/OR ITS AFFILIATES, SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
Kids Magical Musical Company and you agree to arbitrate all disputes between us, except disputes relating to the enforcement of our intellectual property rights. Dispute means any dispute, action or other controversy between you and us concerning this site and the associated content or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a dispute, You or Kids Magical Musical Company must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Kids Magical Musical Company, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforce-ability of any remaining provisions.
The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
These Terms of Service, and any rights and licenses granted here-under, may not be transferred or assigned by you, but may be assigned by Kids Magical Musical Company without restriction.
Kids Magical Musical Company performance of its obligations under this agreement will be suspended for so long as Kids Magical Musical Company is prevented from doing so by an event of force majeure. Such events or circumstances, which are beyond the control of Kids Magical Musical Company and which events could not have been reasonably foreseen or anticipated by Kids Magical Musical Company upon the exercise of due care and diligence, including but not limited to this site’s operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting Kids Magical Musical Company alone), failure of technical facilities or substantial impairment in obtaining facilities which makes the rendering of this site beyond Kids Magical Musical Company control. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.