The Musical Me LTD., 193 Old Hall Road, Chesterfield, S40 1HG
TMM = The Musical Me LTD.
The Musical Me offers one membership service :
Membership – When you subscribe to the Side Stage of Main Stage Membership, you will receive access to a huge range of educational content including but not limited to Courses, Resources, Access To The Music Curriculum Hotline, Quizzes, Song Bank, PMT Discount.
There are different types of Academy Membership as follows:
Monthly Main Stage Member: £7.99 Per Month
Yearly Main Stage Member: £79.99 per year
Monthly Side Stage Member: £4.99 Per Month
Yearly Side Stage Member: £49.99 per year
From time to time we may offer discounts on the price of Membership. Prices for our products and services are subject to change without notice. We reserve the right to modify or discontinue services, products or learning tools without prior notice.
Respecting the Children’s Online Privacy Protection Act, we cannot allow children under the age of 13 to open an account with The Musical Me. Children between the ages of 13 and 18 must have a parent or guardian present when using TMM.
GUARANTEE AND REFUNDS
We do not offer refunds if a membership has not been cancelled before the date payment was taken. You have the right to cancel at any time.
FEES, CHARGES AND BILLING
The Musical Me offers discounted memberships, options to purchase individual educational products and services, and options to purchase subscriptions to certain educational products and services. By submitting your credit card, debit card, or PayPal information, and associating that information with your TMM account, you authorise TMM to process your purchase accordingly. If you purchase a monthly or yearly subscription for a product or service, you understand and authorise TMM to automatically renew your subscription until cancelled. You can easily and quickly cancel your subscription by contacting us at firstname.lastname@example.org.
TMM USERNAME AND PASSWORD
You agree to be the sole user of the username and password you created when joining TMM, and to reasonably protect that username and password, and to notify TMM if you believe it has been breached or otherwise compromised.
We provide support free of charge by emailing us at email@example.com. Our customer support team will usually respond to queries and issues within 24 hours.
If your query or issue is of a technical nature, we may need to refer you to our Technical Support Team. On average, our Technical Support Team will reply within 2 working days.
Please note that TMM is a web-delivered service and in order to access it effectively, you will need to possess a suitable device with a modern browser installed and a fast Internet connection. We cannot support every version of every browser and therefore we encourage you to use your trial periods to help you evaluate TMM to your satisfaction.
INTELLECTUAL PROPERTY RIGHTS
The staff at TMM, and all of the artists and educators that we are privileged to collaborate with, work very hard to author and produce the content that comprises the educational products and services available on TMM. All of our educational products, services and learning tools are protected by United Kingdom and International copyrights, patents, and/or third-party licenses. You agree that you will not share, publish, copy, distribute, re-sell, or otherwise exploit our logos, branding, educational products and services, learning tools, and self-publishing tools or any other form of our intellectual property, for any personal, promotional and/or commercial use, without our express written permission.
USER GENERATED CONTENT
Various sections on the TMM website, and various products and services, allow for user-generated content such as comments, videos, lesson material, audio files, and other related user-generated content. By posting and/or uploading content to TMM, you warrant and represent that you own the rights to the content or are otherwise authorised to post and/or upload such content. Furthermore, you agree to not post and/or upload any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information.
We reserve the right to add, delete and/or modify any of the terms and conditions contained in this Agreement. TMM reserves the right to update, revise, or otherwise alter the terms and conditions set forth in this agreement, at any time, with notice provided in your TMM account. Your continued use of TMM and its products and services following posting of a change notice or new agreement will constitute your binding acceptance of the changes.
You agree to indemnify, defend, and hold harmless TMM, its educators, affiliates, officers, directors, employees, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the TMM website or its products, services, and learning tools, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
GOVERNING LAW AND DISPUTE RESOLUTION
If a dispute arises between you and TMM, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. Our Customer Service is available free of charge for every user to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Terms of Service shall be governed and construed in all respects by the laws of England and Wales. You and TMM both agree to submit to the non-exclusive jurisdiction of the English courts. In simple terms, ‘non-exclusive jurisdiction of the English courts’ means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
TMM reserves the right to terminate your account, subscription, and/or access at any time, and for any reason at our sole discretion.
To the maximum extent permitted by applicable law, TMM is not responsible for and makes no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) TMM educational products and services, learning tools, and self-publishing tools; (b) the TMM content on or provided through TMM educational products and services; (c) the content or user content (including the accuracy and reliability thereof); (d) any third party content; (e) the linked services; (f) the functions made accessible on or through the TMM educational products, services and learning tools; (g) any products, services or instructions offered or referenced in the TMM website, educational products, services and learning tools; and/or (h) security associated with the transmission of information transmitted to or from TMM or others via the TMM website, educational products and services, learning tools, and self-publishing tools.
In addition and to the maximum extent permitted by applicable law, TMM is not responsible for any damage, injury or loss caused by users of the TMM website, educational products and services, learning tools, and self-publishing tools; or by any of the equipment or programming associated with or utilised in the TMM website, educational products and services, learning tools, and self-publishing tools services; or linked services.
TMM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or member communication.
TMM is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the TMM website, educational products and services, learning tools, and self-publishing tools services; services or linked services or combination thereof, including, without limitation, any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the TMM website, educational products and services, learning tools, and self-publishing tools services; or linked services.
Under no circumstances shall TMM be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the TMM educational products and services, learning tools, and self-publishing tools, or linked services, attendance at a TMM event, from any user content posted on or through the TMM website or linked services, or from the conduct of any users of TMM, whether online or offline.
TMM educational products, services and learning tools, and linked services are provided “as-is” and “as available” and “with all faults” basis and TMM expressly disclaims all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. TMM cannot guarantee and does not promise any specific results from use of TMM educational products and services, learning tools, and self-publishing tools, or linked services.
LIMITATION OF LIABILITY
In no event shall TMM be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from: (a) your use or inability to use the TMM educational products and services, learning tools, and self-publishing tools, or linked services, or the performance of the TMM educational products and services, learning tools, and self-publishing tools, or linked services, (b) any action taken in connection with an investigation by TMM or law enforcement authorities regarding your access to or use of the TMM services, (c) any action taken in connection with copyright or other intellectual property owners or other rights owners, (d) any errors or omissions in the TMM services’ technical operation, or (e) any damage to a user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. notwithstanding anything to the contrary contained herein, TMM’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TMM for the TMM services during the term of membership. the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if TMM was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the TMM educational products and services, learning tools, and self-publishing tools.
THE AFFILIATE/CHAMPION PROGRAM TERMS AND CONDITIONS
What is it?
The Musical Me Champion Program allows you to be an advocate for The Musical Me’s community membership (the “Services”) and receive a reward on each new paying subscriber that enrolls for the Services through you.
What do I do as a champion?
You’ll get a unique champion link after signing up to be a The Musical Me customer. Whenever you tell a potential new subscriber about The Musical Me and how we can help improve their music lessons, just use that link, and we will take care of the rest. You can provide the link through a number of ways, including through your own promotional website, e-mail campaigns, social media posts, blogs, videos, and even text messages, so long as you comply with applicable laws and our policies when doing so. When a new customer subscribes to The Musical Me through your champion link and continues their subscription past the free trial, you’ll receive a reward.
What does The Musical Me expect from champions?
We expect champions to act as advocates of the The Musical Me brand. This includes having an understanding and knowledge of how our Services work. Champions must follow the brand usage guidelines which includes proper use of “The Musical Me” and appropriate display of brand logos. Customer service is one of our top priorities. With that in mind, there are a number of rules that each champion must follow as explained in the legal terms below.
What are the next steps?
When you sign up for a The Musical Me account, you will be automatically provided with a referral link that you may use to share with your friends, and family. Simply share this link, and we will take care of the rest. By utilizing this link, you are agreeing to the The Musical Me champion Program Agreement.
The Musical Me Champion Program Agreement
This Champion Program Agreement (this “Agreement”) contains the complete terms and conditions that apply to your participation in The Musical Me’s champion Program.
As used in this Agreement, “we,” “us” or “The Musical Me” means The Musical Me, LTD and “you,” “your” or “champion,” means you as the champion participating in this program. “Champion Site” individually and collectively means your website(s), social media accounts or posts, e-mail communications, and/or software applications. “Champion Program” means the program we manage or control by which participating entities or individuals place links that are unique to each of them on their champion Site that connect to the The Musical Me website and for which a reward is earned for new The Musical Me subscribers.
b. We use the services of Easy Affiliate Inc (“Easy Affiliate”) to remit rewards to our champions. In order for us to distribute your reward, you must have the applicable information linked to your account in the champion dashboard. This includes, and is not limited to, email for distribution of digital gift cards and mailing address for distribution of physical goods. Easy Affiliate is a third-party service provider, and your use of Easy Affiliate is subject to the terms and conditions of Easy Affiliate.
a. Once you have signed up as a The Musical Me customer, we will provide you with a unique referral link (“Link”) that links to an The Musical Me website to start the enrollment process. Whenever you tell a potential new subscriber about The Musical Me and how we can help improve their music lessons, the potential new subscriber will just use that Link, and we will take care of the rest. You must use the Link, otherwise we have no way of tracking or knowing where the new subscriber came from, and we will not be able to track or distribute your reward. To qualify under the champion Program, any new subscriber must not have been a previous subscriber to any of our Services.
b. You and The Musical Me will cooperate in good faith to promote the Services. Each Link will permit recipients to navigate directly to a page on The Musical Me website designated by us via a special tagged link format.
3. Use of The Musical Me Trademarks
a. The Musical Me hereby grants to you during the Term (defined in Section 6 below) a non-exclusive, non-transferable, revocable, royalty-free license to establish hyperlinks between your champion Site and the The Musical Me website and to use The Musical Me’s trade names, logos, trademarks and service marks (the “Marks”) solely for the purpose of marketing and promoting the Services.
b. The foregoing license does not include the right to, and champion will not, modify the Marks in any manner, incorporate any of the Marks into any other trademark or service mark, or combine the Marks with any other words, logos, designs, service marks or trademarks. Champions will comply with any trademark usage guidelines and instructions provided by The Musical Me in connection with champion’s use of the Marks. We will have the right to review and monitor champion’s use of the Marks. If there is any non-compliance with such guidelines and instructions, at The Musical Me’s request and direction, champion will, at its sole cost, promptly correct any non-complying use of the Marks. Champion will not adopt brands, logos, trademarks, service marks, trade names or other marks which are the same as or confusingly similar to the Marks. Champion’s use of the Marks in any advertisement, web page, promotional materials, or other item shall be subject to The Musical Me’s prior review and approval, and champion will furnish to The Musical Me an advance copy of each such items. All goodwill arising from champion’s use of the Marks will inure solely to the benefit of The Musical Me. Champion will at all times maintain a high-level of quality for the messaging on their champion Site.
c. Except as set forth above, we each reserve all right, title and interest in our respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks and other intellectual property rights). Use of Marks except as set forth herein is strictly prohibited.
3. Restricted Activities
Champion will conduct its business and activities in a manner that promotes a good, positive image and reputation for The Musical Me and the Services. Without limiting the generality of the foregoing, champion will not:
a. use any inappropriate form of promotional, marketing, or advertising activity with your Link or champion Site, which includes use of any misleading hyperlinks and making any false, misleading, or disparaging representations or statements with regard to The Musical Me and the Services;
b. engage in any unfair or deceptive trade practice involving the Services;
c. participate in any promotion, advertising, marketing, or sale of any imitation of the Services;
d. include or provide for in any champion Site any page, screen, or social media platform that contains content that: advocates discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotes or engages in illegal activities, violates intellectual property rights of third parties, or contains or promotes deceptive information; and
e. impersonate any The Musical Me employee;
f. use any Marks to mislead potential new subscribers into believing you are endorsed or employed by The Musical Me;
g. use the string “The Musical Me” for any website domain name;
h. spam or send bulk-emails including Links;
i. use paid advertising, search, or social pages for promoting Links;
j. use its own Link to purchase any Services; and
k. make or authorize any proposal, representation, warranty, guarantee, or communication relating to the Services that is inconsistent with The Musical Me’s standard terms and policies, or that has not been approved or otherwise authorized by The Musical Me in writing
a. In the event of a direct monetary reward, Champion is required to complete and submit proper tax information to The Musical Me before direct monetary payments will be issued.
b. The Musical Me will bill the customer directly and will be solely responsible for collecting payment from subscribers. When a new customer subscribes to the Services through your Link, details will be provided in your champion account.
c. The Musical Me will distribute your reward after the accrual value of a referred subscriber’s account has reached and/or eclipsed a predetermined threshold. Accrual value will be determined through Generally Accepted Accounting Principles (GAAP).
d. As a champion, we will provide you with access to the champion Program Dashboard using your log-in credentials. There, you can see a summary report for all new subscriptions directed from your Link for both paid and trial plans, including information on new subscriber pricing plans and any rewards you have earned.
e. The Musical Me will establish a minimum hold period of 30 days, plus the time required to conduct a manual review.
f. Champion Program rewards will be distributed before the end of the calendar month following the hold period.
g. You and The Musical Me, will be responsible for paying any applicable taxes and duties that may be imposed with respect to any compensation, rewards, or payments received under or in connection with this Agreement.
h. At The Musical Me’s discretion, it may increase, change, or modify reward distributions at any time with no liability or further obligations to you.
6. Term and Termination
a. The term of this Agreement (the “Term”) will begin upon your acceptance of this Agreement and will end when terminated. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other at least five (5) days written notice of termination.
b. You are only eligible to earn rewards on new subscriptions occurring during the Term and that remain subscribed for at least 60 days as of the effective date of termination. The Musical Me may, in its sole discretion, distribute your rewards for any new subscribers that remain subscribed for 60 days after the effective date of termination, but not has no obligation to do so.
7. Representations and Warranties
Each of us hereby represents and warrants to the other that:
a. it has full power and authority to enter into this Agreement and to perform its obligations hereunder;
b. it has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement; and
c. it will perform its obligations in compliance with all laws, rules, and regulations applicable to its activities pursuant to this Agreement.
8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
a. The Musical Me will remain solely responsible for the operation of the The Musical Me website and Services, and you will remain solely responsible for the operation of the champion Site. Each party acknowledges that (i) their respective sites may be subject to temporary downtime due to causes beyond their reasonable control, and (ii) it retains sole right and control over the programming, content, and conduct of transactions over its respective site or service.
b. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT, THE SERVICES AND CHAMPION PROGRAM ARE PROVIDED “AS IS,” AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, The Musical Me EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR THROUGH COURSE OF DEALING, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING (I) THE AMOUNT OF REWARDS CHAMPION MAY GENERATE DURING THE TERM, AND (II) ANY ECONOMIC OR OTHER BENEFIT THAT CHAMPION MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.
c. UNDER NO CIRCUMSTANCES WILL THE MUSICAL ME BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY CLAIMS FOR LOST PROFITS, LOST BUSINESS, OR LOST DATA) ARISING OUT OF THIS AGREEMENT, EVEN IF THE MUSICAL ME HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE MUSICAL ME’S ENTIRE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CAUSE OF ACTION WILL NOT EXCEED THE AMOUNTS PAID TO CHAMPION UNDER THIS AGREEMENT IN THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
You agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of any champion Site, a breach of your obligations under this Agreement, or the violation of any third party intellectual property rights in respect of your champion Site and activities under this Agreement.
10. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with The Musical Me and limits the manner in which you can seek relief from us.
a. Except for small claims disputes in which you or The Musical Me seek to bring an individual action in small claims court, you and The Musical Me waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement resolved in court.
b. YOU AND THE MUSICAL ME AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT IS PERSONAL TO YOU AND THE MUSICAL ME AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
c. All disputes between The Musical Me and you will be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. As limited by the law, this Agreement and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, consolidate more than one individual’s claims, or preside over any proceeding involving more than one individual, all of which are prohibited by this Agreement. You and The Musical Me agree that for any arbitration you initiate, you will pay the filing fee and The Musical Me will pay the remaining fees and costs. For any arbitration initiated by The Musical Me, The Musical Me will pay all fees and costs. You and The Musical Me expressly agree that the UK Courts, shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
d. Any claim related to this Agreement must be filed within one year after the claim arose; otherwise, you and The Musical Me no longer have the right to assert the claim.
e. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 10 by sending a written letter to The Musical Me, 193 Old Hall Road, Chesterfield, S40 1HG that specifies (i) your name, (ii) mailing address, and (iii) your request to be excluded from the final, binding arbitration procedure specified above. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 11(c) of this Agreement.
11. General Provisions
a. You and The Musical Me are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between you and us.
b. Neither you or we will be considered to be in breach of or default under this Agreement on account of any delay or failure to perform as a result of any causes or conditions that are beyond our respective reasonable control. If any force majeure event occurs, the affected party will give prompt written notice to the other and will use commercially reasonable efforts to minimize the impact of the event.
c. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the UK, without reference to its conflict of laws provisions. You and The Musical Me expressly agree to exclusive jurisdiction in any competent court in the UK.
d. Any notices under this Agreement will be given in writing. Notices may be given by electronic mail and will be deemed delivered and given for all purposes on the sent date, but only if the receiving party has confirmed its receipt by return electronic mail. Notices sent via traditional means will be sent via postal mail or certified mail, return receipt requested. Notices to The Musical Me will be sent to: The Musical Me, 193 Old Hall Road, Chesterfield, S40 1HG.
e. You may not assign this Agreement, in whole or in part, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
f. The failure of either you or us to enforce any provision of this Agreement will not constitute a waiver of the right to subsequently enforce the provision. Any remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity.
g. This Agreement represents the entire agreement between you and us with respect to the subject matter covered by this Agreement and supersedes any other oral or written agreements regarding such subject matter, and may be amended or modified only by a written instrument signed by a duly authorized agent of each party.
h. If any provision of this Agreement is determined to be invalid, unlawful, void, or unenforceable to any extent, such provision will be interpreted to best reflect the parties’ intent, and the remainder of this Agreement will not be affected and will continue to be valid and enforceable to the fullest extent permitted by law.