Copyright © Living Melodies® 2019. All rights reserved.

Website Terms of Use & Privacy Policy

Updated 3/17/20

Terms of Use

Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Living Melodies digital or downloadable resource, online course or membership, or one-on-one live video call session facilitated by any Living Melodies staff (for any purpose), whether on a website hosted by Living Melodies. or a third-party website such as a telemedicine platform such as Thera-link (collectively “s”).

 

If you do not agree with these TOU, you may not use the services.

 

As used in these TOU, the term “Releasees” is defined to include the following: (i) Living Melodies, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, therapists, representatives, successors, and assigns (collectively “the Company”); (ii) any Company volunteers or interns; (iii) any Company contractors.

  1. The Services
    Paid and free services available through the Living Melodies website include:

    a. Paid Music Amusement Park membership materials including videos, audio, worksheets and workbooks, games, and other digital content as applicable;

    b. 
    HIPAA compliant video calls if enrolled in paid video call sessions;

    c. Free customer support for any technology-related issues
     

  2. Participants
    This Service is intended and suitable for individuals of all ages. However, parental supervision is expected for children visiting the site who are under the age of 18.

    If you schedule online video call sessions, you also consent to live video and/or audio streaming necessary to provide the service. No video call will be recorded or used in any way outside of the treatment setting without your written consent.
     

  3. Payment,  Refunds, and Cancellations
    Video call sessions are arranged by individual contract only.

    Music Amusement Park membership fees are subject to the following terms:

    a. Payment
    Living Melodies allows you to access online Musical Amusement Park membership content, hereafter referred to as "Membership," in exchange for a recurring fee, as applicable. Your transaction and use of paid online content are subject to the current Terms of Use. By accessing Membership content, you agree to this Terms of Use and Privacy Policy accessible any time at www.livingmelodies.com/use-and-privacy-policy. Please read the policy carefully. If you don't understand it or don't accept any part of ti, then you are not allowed to access Membership content.

    Subscription fees for Membership are recurring monthly payments. Your subscription begins upon payment of a first installment of subscription fees. The subscription renewal will be charged on the same day of the month that the subscription began.

    If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable for Membership, without any additional authorization, for which you will receive an electronic receipt. You also agree that Company is authorized to share any payment information and instructions required to complete the payment transaction(s) with its third-party payment providers (e.g., credit card transaction processing, merchant settlement, and relateds).

    In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment; otherwise, the Service will not continue, and we reserve the right to terminate your access to the Service and all Content immediately and permanently.

    If you fail to make payment in a timely manner in accordance with these TOU or voluntarily decide to withdraw from Membership at any time or for any reason, you will remain fully responsible for the full cost of the Service and all payments in any payment plan you choose for the remainder of the calendar month. Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

    b. Refund Policy
    Your satisfaction with the Service is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Service as well as low-cost donation options to access Content, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Service and no refunds will be provided to you at any time. By using and/or purchasing our Service, you understand and agree that all sales are final, and no refunds will be provided.


    Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Service, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

    c. Membership Cancellation
    For cancellations, email info@livingmelodies.com, Please note that you will have access to membership Content until the end of the current billing cycle. You will not receive a prorated refund for the time between the date you cancel and the date your recurring membership plan is scheduled to renew. In other words, the cancellation will take effect at end of your current billing cycle.

  4. Intellectual Property Rights
    a. Ownership of the Content
    The words, videos, voice and sound recordings, visual props, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Service, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

    b. The Company’s Limited License to You
    If you view, purchase or access any Service or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

    This means you may view, download, print, email and use one copy of individual pages of the Service and Content for your own personal purposes only.

    You may not republish; reproduce; duplicate; copy; sell; display; disclose; distribute to friends, extended family members, or any other third party; or otherwise use any material from the Service or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Service or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Service or Content shall constitute infringement.

    You must receive our written permission before using any of the Service or Content for your own commercial use or before sharing with others.

    The trademarks and logos displayed on the Service or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

    All rights not expressly granted in these terms or any express written license are reserved by us.

    c. Unauthorized Use
    Your use of any materials found in the Service or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Service in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Service, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

    You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

    d. Your License to the Company; Use in Testimonials and Marketing
    By submitting any material during the Service such as comments, emails, or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future for any purpose and granting us the right to make it part of the Company’s current or future Service and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

    e. Request for Permission to Use the Content
    If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to info@livingmelodies.com.

    If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us; and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Service and Content.
     

  5. Your Conduct in the Service
    You are strictly forbidden from the following:

    a. Causing damage to any Company website or third-party forums operated by the Company

    b. Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity

    c. Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish, or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software

    d. Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purpose

    e. Systematically or automatically collecting data from any Company website or third-party forums operated by the Company

     f. Sharing private and proprietary information from the Service with anyone else
     

  6. Username and Password
    To access certain features of the Service, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any or product, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Service to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
     

  7. Termination
    The Company reserves the right in its sole discretion to refuse or terminate your access to the Service and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Service or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Service and its Content will still apply now and in the future, even after termination by you or the Company.
     

  8. Personal Responsibility, Assumption of Risk, Release, Disclaimers
    a. You represent and warrant to Releasees that you are able to safely participate in the Service and have no physical or mental health condition that would make your participation in the Service more hazardous.

    a. You acknowledge that, by engaging with the Company for the Service, you voluntarily assume an element of inherent risk and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property. You release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs, and next of kin for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description whether direct or indirect, in law or in equity, in contract or in tort, or otherwise whether known or unknown whether or not caused by the active or passive negligence of the Releasees.

    In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Service.

    c. The Service and Content found in the public web pages and paid membership pages provide entertainment and education only, and do not provide any medical or psychological treatment or advice. None of the Service or Content prevents, cures, or treats any mental or medical condition. The Service and Content is not intended to be a substitute for professional advice that can be provided by your own therapist or medical professional. You are responsible for your own physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Service.

    d. Results Disclaimer. You agree that Company has not made and does not make any representations about the results you may receive as a result of your participation in the Service. The Company cannot and does not guarantee that you will achieve any particular result from your use of the Service, and you understand that results differ for each individual.

    e. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

    f. 
    The Company tries to ensure that the availability and delivery of the Service and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time including to allow for repairs, maintenance, or updates; although, of course, we will try to limit the frequency and duration of suspension or restriction.

    g. THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SERVICE AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE INCLUDING MEMBERSHIP PAGES OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    h. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SERVICE.
     

  9. Security
    Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
     

  10. Jurisdiction, Venue
    These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to its conflict of laws. The nearest state and federal court to Oconomowoc, Wisconsin shall have exclusive jurisdiction over any case or controversy arising from or relating to the Service or Content, including but not limited to the Privacy Policy or these TOU. By using the Service or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.
     

  11. Users Outside United States
    The Company controls and operates the Service from offices in the United States. The Company does not represent that materials on the Service are appropriate or available for use in other locations. People who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
     

  12. Indemnification
    You agree to defend, indemnify, release, and hold harmless the Company and any owners, directors, officers, agents, contractors, partners, assigns, successors-in-interest, and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Service or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Service or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company), or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

    You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of Wisconsin, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

    The Company may change, modify or update these TOU at any time. Any access or use of the Service or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact admin@livingmelodies.com.