Beauvoir Music Makers Terms and Conditions

1. Introduction.

Welcome to the BeauvoirMusic.com Website, published and maintained by Beauvoir Music Makers. We invite you to use our educational music curriculum. Your use of this Website is subject to your acceptance of these Terms and Conditions. Please read this document carefully. It contains the Terms and Conditions which govern your access to and use of this website. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Website.

You may be required to agree to additional terms in other areas of the Website. Any additional posted rules or guidelines in relation to the Website services, as well as any future enhancements to the Website services, are hereby incorporated into these Terms and Conditions.

2. Agreement to Terms.

These Terms and Conditions (as they may be amended from time to time by Beauvoir Music Makers) form a binding legal agreement between you and Beauvoir Music Makers that details your rights and obligations in using the Website. Your access to or use of the Website indicates your acceptance of these Terms and Conditions.

3. Definitions.

The following definitions apply to these Terms and Conditions:

"Beauvoir Music Makers Website" or the "Website" includes www.BeauvoirMusic.com in its entirety and related sites owned or operated by Beauvoir Music Makers and includes Content, Text, Graphics, Audio, Design, Programming and Services as applicable in the context.

"Content" includes all Text, Graphics, Audio, Design and Programming used on the Website.

"Text" includes all text on every page of the Website, whether editorial, navigational, or instructional.

"Design" includes the color combinations and the page layout of the Website.

"Graphics" includes all logos, buttons, and other graphical elements on the Website, with the exception of paid advertising banners.

“Audio” includes all songs, pieces, excerpts, sound effects, pronunciations, and other audio elements on the Website.

"Member" refers to any individual or entity who subscribes to the music education program lessons provided on this Website. "Membership" means subscribing to the music education program lessons.

"Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Website.

"Services" refers to any services provided on the Website by Beauvoir Music Makers or its agents.

"You" and "you" refers to the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

4. Service Description.

The Beauvoir Music Makers Website provides a complete music curriculum geared toward instruction of elementary-grade students. The curriculum consists of online music lessons, a music library, music theory exercises, and supplemental downloadable worksheets and lesson plans. Beauvoir Music Makers may also offer various communication tools such as newsletters, service announcements, and other notices.

5. Acceptable Use of the Website.

1. General Use Rules. The Website is intended for educational use by schools, teachers, students, and their parents or guardians. You may use this Website only for lawful purposes within the stated context of Beauvoir Music Makers's intended and acceptable use of the Website. Beauvoir Music Makers is the sole interpreter of the Website's intended and acceptable use.


2. License to Use by Members. Beauvoir Music Makers hereby grants you a limited, terminable, non-exclusive right to access and use the Website solely for your educational or personal, noncommercial use of the music education curriculum. This authorizes you to view the Website content and download the printable materials including worksheets and activity plans on the Website. Your use of the Website is a privilege. Beauvoir Music Makers in its sole discretion reserves the right to suspend or terminate that privilege or Membership for any reason at any time.


3. Other Specific Rules.
   
   • You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Website complies with these Terms and Conditions.
   • You represent, warrant and agree that you are of legal age (at least 18 years of age) to form a binding contract. You also agree to provide and keep current true, accurate and complete information about yourself as prompted by the Service's enrollment form.
   • You represent, warrant and agree that you are responsible for maintaining the security of your account login information. You agree to notify us immediately of any security breach concerning your login and/or password information.
   • You represent, warrant and agree that as a school, teacher or parent, you are responsible for monitoring a child’s use of the Website. As regards the Child Online Privacy Act (COPAA), you are responsible for ensuring that a child’s personal information is not entered onto the Website.

6. Intellectual Property Rights.

The Website and all rights, titles and interests therein is the sole property of Beauvoir Music Makers or its licensors and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, Beauvoir Music Makers reserves for itself and its licensors all other rights, titles and interests.

Without limitation to the foregoing, you may not reproduce, modify, display, sell, distribute or use the Content in any other way for public or commercial purpose. You may not keep a backup of any materials available on the Website. This includes copying or adapting the HTML code used to generate Web pages on the Website.

"BeauvoirMusic.com," the Beauvoir Music Makers design logo and certain other names or logos are service marks or trademarks of Beauvoir Music Makers, and all related product and service names, design marks and slogans are the service marks or trademarks of Beauvoir Music Makers. You must keep all logos and copyright notices intact on all materials. You agree to not otherwise display or use these in any manner without the express written consent of Beauvoir Music Makers.

In addition, the "look" and "feel" of the Website (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Beauvoir Music Makers's trademarks, service marks and copyrights. All other product and service marks contained on the Website are the trademarks of their respective owners.

7. Disclaimers and Limitations on BEAUVOIR MUSIC MAKERS's Liability.

7.1    Allocation of Responsibility. Beauvoir Music Makers assumes no responsibility for the activities, omissions or other conduct of Members. Beauvoir Music Makers assumes no responsibility for supervising a minor’s use of the Website.

7.2    No endorsements by BEAUVOIR MUSIC MAKERS. Nothing on the Website shall be considered an endorsement, representation or warranty with respect to any Member or third party, whether in regards to its Website, goods, products, services, or otherwise.

7.3  No Guaranty of Results. Beauvoir Music Makers makes no representations or guarantees regarding the effectiveness or timeliness of Website in meeting the educational objectives of Members.

7.4   WARRANTY DISCLAIMERS

(a) THE WEBSITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BEAUVOIR MUSIC MAKERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. BEAUVOIR MUSIC MAKERS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE.
(b) Without limitation on the foregoing:
(i) BEAUVOIR MUSIC MAKERS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BEAUVOIR MUSIC MAKERS IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) Beauvoir Music Makers makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted by Members, or of any other form of communication engaged in by Members. Information provided by Members may contain inaccuracies or typographical errors. You agree that any reliance on information posted by Members, or on any other form of communication with Members, will be at your own risk.
(iii) Beauvoir Music Makers makes no representations or guarantees regarding the Content of the Website, including, but not limited to, broken links, inaccuracies or typographical errors.

7.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE WEBSITE.
(b) IN NO EVENT SHALL BEAUVOIR MUSIC MAKERS (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE AND/OR ANY INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEAUVOIR MUSIC MAKERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) Due to the nature of these Terms and Conditions, in addition to money damages, BEAUVOIR MUSIC MAKERS will be entitled to equitable relief upon a breach of these Terms and Conditions by you.

8. Links to Other Sites.

BeauvoirMusic.com may contain links to third party Websites. These links are provided solely as a convenience to you and not as an endorsement by Beauvoir Music Makers of the contents on such third party Websites. You acknowledge and agree that Beauvoir Music Makers is not responsible for the content of linked third party sites and does not endorse nor make any representations regarding the content or accuracy of materials on such third party Websites.

9. Amendments to this Agreement and Changes to Website.

Beauvoir Music Makers may revise these Terms and Conditions at any time without notice by updating this page with an effective date. Changes are binding on you on the date they are posted on the Website at www.BeauvoirMusic.com (or as otherwise stated in the any notice of such changes). You are responsible for checking this page before use of the Website. Any use of the Website will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Website any longer.

Any new or different terms supplied by you are specifically rejected by Beauvoir Music Makers unless Beauvoir Music Makers agrees to them in a signed writing specifically including those new or different terms. Beauvoir Music Makers may change the Website at any time.

10. Modifications to the Service.

Beauvoir Music Makers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Beauvoir Music Makers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. Indemnity.

You agree to defend, indemnify, and hold harmless Beauvoir Music Makers and its officers, directors, trustees, partners, affiliates, employees, agents and other users from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Website, any information posted by you, or your breach of these Terms and Conditions. Beauvoir Music Makers shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

12. Member Information.

The Privacy Policy posted on the Website is incorporated in this Agreement by this reference. The Privacy Policy governs data collected through Beauvoir Music Makers's on-line operations only. In addition, Beauvoir Music Makers reserves the right to comply, in its sole discretion, with legal requirements.

13. Questions and Notices.

Questions concerning the use of the Website should be directed to solutions@beauvoirmusic.com. Notices shall be sent, for Beauvoir Music Makers, to P.O. Box 61132, Irvine, CA, 92602, and, for you, to the address submitted by you or such other address as Beauvoir Music Makers reasonably determines is an appropriate address for you.

14. General.

Beauvoir Music Makers contact information is listed on the Website on the Learn More page.

Beauvoir Music Makers makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Website. If you access BeauvoirMusic.com from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions are governed by the laws of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts in Irvine, California.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect.

All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Website, and you shall cease all your use and access thereof immediately.

You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Beauvoir Music Makers in a particular "Legal Notice," or software license or material on particular Web pages of the Website, these Terms and Conditions constitute the entire agreement between you and Beauvoir Music Makers.

15. Privacy Policy.

Please refer to our privacy policy for details.