Sing Into Reading’s Terms of Service
Effective: September 30, 2021
Welcome to Sing Into Reading!
Sing Into Reading helps children and their grownups build a loving literacy foundation through an integrated curriculum focused on music and movement. We drafted these Terms of Service (which we call “Terms”) so you’ll know the rules that govern our relationship with you.
- These Terms Are a Contract Between You and Us
- Binding Agreement: These Terms are a contract between you and Sing Into Reading, LLC, an Ohio limited liability company doing business at 2941 Haughton Dr., Unit 2444, Toledo, Ohio 43606.
- Amendments: We work constantly to make our services better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use and/or subscribe to our services. In the event you decide you do not want to accept the new terms, please notify us and we will work with you to close your account.
- Accounts: Some of our products and services require you to create an account or membership to participate. You agree that any information you provide and maintain is accurate, current, and complete, including your contact information for notices and other communications from us and your payment information.
- Passwords and Security: You agree that you will not share your account with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password and are responsible for all activities under your account that you can reasonably control. You agree to promptly notify use of any unauthorized use of your account.
- Electronic Notice: You consent to receive notices, including communications and updates to these Terms, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
- Termination or Suspension: We may terminate or suspend your access to any Sing Into Reading products or services if required by law or if we have reasonable reason to believe you have used Sing Into Reading products in violation of any provision of these Terms.
- License Grant and Restrictions
Sing Into Reading products and services, including, but not limited to videos, artwork, music, and images, are our copyrighted, patented or trademarked property and are owned by us and protected under laws of the United States and international treaties.
- Consumer License: Sing Into Reading grants you a limited, non-exclusive, non-transferable license to access and use our site, and content, products, and material for your personal, noncommercial use only and only as long as that product is made available to you by us, and only in accordance with these Terms. You have no right to reproduce, distribute, make publicly available, or transform any of our products, services, or media. We retain full and complete ownership of our intellectual property.
- Restrictions on Your Use of our Services & Products: You agree that as a condition of your license to use our products and services, that you will not:
- Circumvent any law or content protection used in connection with our products;
- Record or create a copy of our products;
- Rebroadcast, transmit, or upload our services or products;
- Create derivative works of our products
- Use our products for any commercial or business-related use, whether or not for profit
- Use our services or products in any unlawful manner, or in any manner that is inconsistent with these Terms; and
- Allow a third-party to violate any of the above restrictions.
- Changes to Sing Into Reading Services & Products: We are constantly evolving and will change over time. We reserve the right to make such changes or, if necessary, suspend, discontinue, restrict, or terminate access to certain services or products.
- Internet, Browser and System Requirements: You may need a high-speed internet connection and/or minimum system and/or browser requirements to access and use certain aspects of our site, services, or products.
- Mobile Networks: When you access our services or products through a mobile network, your provider’s messaging, data, and other rates and fees will apply. Downloading, installing, streaming, or using certain services or products may be restricted by your provider or may not work with your device.
- Digital Content: We may make certain digital content available on our site to you for a one-time fee. Your purchase of a digital item is a payment for a limited, non-assignable license to access and use such content as intended by Sing Into Reading with no right to reproduce, distribute, share, or make such content publicly available.
- Subscriptions: Access, or continued access, to some Sing Into Reading products or services require a paid subscription or membership. By signing up for a subscription, you agree that your subscription will automatically be renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. Unless otherwise disclosed when you subscribe, you have the right to cancel your subscription. When a subscription is cancelled you will not receive a prorated refund, but will continue to have access to our products until the end of the term of the cancelled subscription.
- Order Process: You will have the opportunity to review and confirm your order. You will receive a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. We reserve the right to refuse or cancel any order prior to delivery. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
- Payments and Billing: When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.
- Right of Cancellation: You may have the right to cancel an order for a Sing Into Reading product or service – depending on the nature of the product. When you purchase a license to access digital content, your accessing such content makes the fees paid for the content non-refundable. For canceling products or services involving a subscription or periodic payment, we ask that you advise us in writing of your request to cancel prior to the next billing cycle.
- How We Protect Your Information
We take commercially reasonable steps to protect you from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases nor can we guarantee that the information you supply will not be intercepted while being transmitted over the introduction. In particular, email sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via email.
We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13 without express parental consent. Further, our products and services are a family product and not used or marketed solely to children. Sing Into Reading complies with all applicable COPPA provisions. If a child under the age of 13 has provided us with age identifiable Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.
- Disclaimers and Limitations on Liability
SING INTO READING PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
PLEASE CONTACT US FOR ASSISTANCE IF A SERVICE OR PRODUCT IS NOT WORKING PROPERLY. It is your responsibility to ensure you follow installation instructions, have the minimum system requirements, update software as recommended, and consult our customer service resources if you encounter a problem with our services or products.
We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE GREATER OF $100 OR TOTAL AMOUNTS PAID BY YOU TO SING INTO READING DURING THE PRIOR THREE MONTHS IN QUESTION.
- Submissions, User Generated Content, DMCA Takedown Notices
- User Content: Sing Into Reading may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, or other content which may be accessible and viewable by the public.
In most instances, we do not claim ownership of your content; however, by submitting such content you agree that you grant us a non-exclusive, sublicensable, irrevocable and royalty-free license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with Sing Into Reading Products and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of such content does not infringe upon any copyrights and that you have all necessary rights and permissions to use and transmit such content for our use. The submission of any content does not establish any relationship of trust and confidence between you and us, and you expressly agree that you have no expectation of compensation whatsoever.
- Media Consent and Release: Some of Sing Into Reading’s services are very interactive. Video and/or audio recordings may be a part of an instructional class. We like to share and highlight our students and their success. As parent and/or guardian, you will be asked during registration whether you consent and grant Sing Into Reading the right and permission to record and/or use images and recordings, both audio and visual, of your child, or in which your child may be included, in whole or in part, for any lawful purpose. This includes for commercial use on our site, on social media platforms, in digital and printed promotional materials, and/or in Sing Into Reading products. If you consent to our usage during registration or submit content to us, you agree that we may use such content of your child without payment or other consideration whatsoever. You may revoke your consent in writing by sending notice to use at the address below (in para C).
- Claims of Copyright Infringement: Notification of claimed copyright infringement and notices must be sent to:
Attn: Designated Agent
Sing Into Reading, LLC
3409 CHELTENHAM RD.
TOLEDO OH 43606
We will respond expeditiously to claims of copyright infringement that are reported to our designated agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. These notices must include the required information set forth in the DMCA.
- Additional Provisions
- Disputes: We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply. For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or our products or services, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of Ohio or a state court located in Lucas County, Ohio. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Ohio will govern these Terms and any claim, without regard to conflict of law provisions.
- Severability. 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 enforceability of any remaining provisions.
- Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and rules regarding dispute resolution.
- Waiver. 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.