TERMS OF SERVICE

1. INTRODUCTION: This website, https://mamasingmysong2.flywheelsites.com, including its sub-domains and all websites, pages, and feeds therein (individually and collectively, the “Site”), as well as all materials, goods, and/or services provided via the Site, are offered, published, and maintained by Mama Sing My Song LLC (“Company”). Please read the following terms of service (“Terms”) fully and carefully before accessing, displaying, or using the Site, including submitting any information to the Site and making any financial transactions via the Site. These Terms exclusively govern the use of the Site by users and visitors (“you”, “your”) and constitute a legally binding agreement between Company and you. By accessing or using the Site or taking a similar action to signify your affirmative acceptance of these Terms, you unconditionally accept and agree to be bound by the Terms and your access to the Site is good and valid consideration for the foregoing. If you are entering into these Terms on behalf of a company or other legal entity or individual, your acceptance represents that you have the authority to bind such third-party. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND AN APPLICABLE THIRD PARTY, THEN COMPANY IS UNWILLING TO GRANT YOU RIGHTS TO ACCESS AND USE THE SITE.

2. EFFECTIVE DATE: The Terms are effective as of and were last updated on September 9, 2023.

3. PRIVACY POLICY: Company’s privacy policy, a copy of which is available at https://mamasingmysong2.flywheelsites.com/privacy-policy is incorporated into these Terms by reference. The Privacy Policy sets out, among other things, the terms on which Company processes any Personal Data (as defined in Company’s privacy policy) Company collects from you, or that you provide to Company. As further set forth in the privacy policy, any personal information which Company collects on this Site will be stored and processed in Company’s servers located only in the United States. If you reside outside the United States, you consent to the transfer, storage, and processing of personal information outside your country of residence to the United States.

4. YOUR AGE: If you are under 18 years of age, you are required to receive parental consent to use the Site at all times. In such an event, your parent or legal guardian is responsible for any and all activity you engage in on the Site at all times and is considered the ‘user’ of the Site under these Terms. By using the Site, you affirm you are over the age of 18 years old or have parent or legal guardian consent. No part of the Site is directed to or targets children younger than 18 years of age, and children younger than 18 years old are not permitted to use the Site. Company strongly urges all parents and legal guardians to monitor the Internet use of their children. Parents should be aware that there are parental control tools available from other sources on the Internet that you can use to prevent your children from accessing or submitting information online without parental permission. If Company learns that Company has collected Personal Data of a minor not from their parent or legal guardian, Company will take steps to delete such information from Company’s files as soon as commercially reasonably possible. Please see https://mamasingmysong2.flywheelsites.com/privacy-policy for additional information and direct any inquiries related to the following to info@mamasingmysong.com.

5. ACCOUNTS: To use certain features of the Site, such as Company’s referral and affiliate programs that may be offered, you may be required to register for an account (“Account”). In such an event, you may be able to register for an Account directly on the Site and/or, if applicable, by logging in to an authorized media account (such as authenticating via Apple or Google). Company reserves the right to amend which vendors and social media accounts can be used to access the Site at any time. You agree that all information that you submit during the Account signup or log-in process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful and you agree to keep it up to date. Please review Company’s privacy policy, see https://mamasingmysong2.flywheelsites.com/privacy-policy, to learn more about the information Company collects. Additionally, with the exception of people or businesses that are expressly authorized to create accounts on behalf of their employees or clients, Company prohibits the creation of and you agree that you will not create an account for anyone other than yourself.

You acknowledge that your Account is unique and personal to you and you are responsible for maintaining the security of, and restricting access to, your account and password. You agree to accept responsibility for all purchases and other activities that occur under your Account. You are solely responsible for ensuring that all persons who access the Site via your Account are familiar with these Terms and that they will comply with them. You agree not to attempt to access your account by any means other than the interface Company specifically provides. You agree not to attempt to access your Account through automated means. If you know or suspect that anyone other than you knows your password or there has been a different breach of security in your Account, you must promptly notify Company at info@mamasingmysong.com.

You will have the ability to delete your Account, either directly through the Site or through a written request made to info@mamasingmysong.com.You understand that upon deletion of your Account, you may lose the right to access or use all or part of the Site. Please see Company’s privacy policy for additional information regarding how Company will maintain your personal information and/or data in the event of Account deletion, https://mamasingmysong2.flywheelsites.com/privacy-policy. Notwithstanding anything to the contrary contained herein, Company reserves the right to disable, suspend, or terminate your Account, at any time, for any reason in Company’s sole discretion, including if you fail to comply with these Terms, without prior notice and Company will not be liable to you in any manner in connection with any disabling or termination of your Account.

6. COMPANY’S INTELLECTUAL PROPERTY: As between you and Company, all right, title, and interest in and to the Site and its contents, including all content, graphics, images, materials, text, song lyrics, musical works, videos, and source and object code, along with the selection, coordination, arrangement, and organization of the Site (individually and collectively, “Content”) is owned and/or controlled entirely by Company and protected under domestic and international copyright and other similar intellectual property laws. Company’s name, logo(s), and overall brand, including the trademark for Mama Sing My Song™ are protected under various domestic and international trademark laws. You are not authorized to use Company’s Content, copyrights, whether registered or unregistered, or trademarks without Company’s express written authorization. Please see paragraph 10 below regarding Company’s license to you to use certain musical works ordered by you via the Site.

7. CONTENT MODIFICATIONS: Company may add, change, discontinue, remove, or suspend any Content embodied on the Site, as well as the Site itself, at any time, without notice to you and without any liability. Company reserves the right, in Company’s sole discretion, to change how it operates the Site at any time for any reason whatsoever and to block, moderate, or remove Content at any time in Company’s sole discretion.

8. PRODUCT TERMS: Company’s products for sale, including presently via Company’s merchandise page found at https://mamasingmysong2.flywheelsites.com/products, are offered for sale as-available and as-is. Company may impose at any time quantity limits on any order, or reject all or part of an order, without prior notice. Company may change, discontinue, or remove products at any time, without notice to you and without any liability. You are not permitted to resell, export, or otherwise exploit Company’s products for commercial purposes without Company’s prior written notice in each instance. Additional information about our products can be found on our FAQ page, found at https://mamasingmysong2.flywheelsites.com/faq/.

Products are currently shipped from Indianapolis, Indiana and are available for shipment in most countries throughout the world. Certain additional shipping charges may apply to some jurisdictions. Company will inform you about any shipping restrictions. Additionally, and notwithstanding anything to the contrary contained herein, international shipments may be subject to additional import duties, taxes and/or customs fees. Those fees are your responsibility and are not included in the shipping prices applied at checkout process. Company is not responsible for and will not provide assistance for customs clearance.

Upon submitting your payment information to Company and approving of an order of product, you authorize Company (and Company’s payment processors, please see Company’s privacy policy for additional information, available at https://mamasingmysong2.flywheelsites.com/privacy-policy) to charge your debit card, credit card, or other available payment method (such as Apple Pay, PayPal, or Google Pay) for the total amount of each of your order(s) (including any required taxes and charges). If your payment method cannot be verified, is invalid, or is otherwise not acceptable or accepted, your order may be suspended or cancelled. It is solely your responsibility to resolve any problem regarding your payment method.

Unless otherwise indicated on a product page, all prices are shown in U.S. dollars and applicable taxes and other charges (such as shipping) are additional. Company reserves the right to adjust prices for products as Company determines at any time. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted to comply with applicable tax laws. Company will collect applicable sales tax on products shipped to jurisdictions for which Company believes Company has a duty to collect sales tax. However, from time to time, Company may opt to incur sales taxes charges as its own expense.

Unless otherwise agreed to by Company, which will be indicated during the payment checkout process, you agree to pay for any shipping and handling charges shown at the time you make an order. Company reserves the right to increase, decrease, add, or eliminate shipping and handling charges at any time without notice. Any shipping times shown on the Site are estimates only. Actual delivery dates will vary. Title to and the risk of loss of in regards to shipping passes to you upon Company’s delivery of the product to a common carrier. Please check all shipping addresses carefully, as Company shall not be liable for incorrect addresses, misplaced, lost, or stolen packages. Notwithstanding, if your package is lost or stolen, please reach out to Company at orders@mamasingmysong.com within 14 days of the expected delivery date and Company will determine if Company can assist you.

All orders and products sold are final and non-returnable, except Company will accept a return of any defective stuffed animal product within six (6) months of the delivery date for an exchange of a new stuffed animal and if you received an item damaged in shipping, Company will accept the return if received within thirty (30) days from the original order date. Company will incur return shipping charges for such items delivered damaged or in the case of a defective stuffed animal product. Please note, exact replacements for stuffed animals cannot be guaranteed. Please email Company at orders@mamasingmysong.com for additional information. Please contact orders@mamasingmysong.com to initiate a return. Company may request your proof of order in connection therewith. Only returns initiated by emailing orders@mamasingmysong.com will be accepted and please do not send Company products without first contacting the email address above for processing.

9. GRANT OF RIGHTS – USE OF SITE: Subject to your full compliance with the Terms, Company grants you a limited, non-exclusive, license and permission to access and use the Site for its intended purposes. You shall not copy, capture, reproduce, remove, transfer, modify, manipulate, create derivative works from or based upon, republish, transmit, distribute, or exploit any Content unless otherwise expressly permitted by these Terms, under Company’s direction or instruction, or as permitted by law. Without limiting the foregoing, you are not authorized to (i) resell, sublicense, transfer, assign, or distribute the Site or content; (ii) modify or make derivative works based upon the Site or Content; (iii) “frame” or “mirror” the Site or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Site for any purpose. Company reserves all rights in the Content. Upon termination of these Terms, all licenses and other rights granted by Company to you in these Terms will immediately cease (for the avoidance of doubt, all of your on-going obligations under these Terms shall survive). You agree that Company may terminate your access to the Site without prior notice.
10. GRANT OF RIGHTS – USE OF MUSIC: In the event that you order any of Company’s musical works, including any custom musical recording, your use of the musical work is subject to the licensing terms in this paragraph 10. Subject to your full compliance with the Terms, Company grants you a limited license and permission to use any Company created musical work provided to you, including via any of your orders, solely for your own personal, non-commercial use. This includes the right to share the musical work with your family and friends and uploading the musical work to your personal social media channel(s). Notwithstanding the foregoing, you shall have no right to commercially exploit any such musical work in any manner, including monetizing the musical work on any digital platform (such as YouTube), licensing the musical work in synchronization with any audio-visual work, selling physical copies or streaming copies via any digital service provider (this includes, without limitation, you may not print commercial physical records embodying the musical work, upload the musical work to Apple Music or Spotify, or sell the musical work via downloads on Amazon, etc.), or exploiting the lyrics by any means. Without limiting the foregoing, in the event that you monetize any musical work, including via YouTube, Company may claim any such use via the terms of such third party site, including YouTube’s ContentID system and Company may retain all amounts payable for the usage. For the avoidance of doubt, Company shall own all right, title, and interest in and to each musical work provided to you and Company may exploit the same in any and all media now known or hereinafter created.
11. USER SUBMISSIONS: Certain aspects of the Site may allow you to submit or contribute materials to Company or the Site, including certain audio, visual, and audio-visual materials, testimonials, and reviews (“User Content”). By contributing or submitting User Content, directly or indirectly, to Company or the Site, including by ways of emailing Company and filling in web-forms on the Site regarding information relevant to Company creating a musical work for you, you acknowledge that you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content. You grant to Company an irrevocable, royalty-free, perpetual, sub-licensable, transferrable, and worldwide right and license, without any obligation or liability to you whatsoever, to use User Content in any and all media in any format now known or hereinafter created, including the right to display, distribute, edit, exploit, modify, publicly perform, publish, reproduce, create derivative works, or otherwise use User Content: (i) as part of offering the Site; (ii) for the purposes of improving the Site and Company’s goods and/or services; (iii) for Company’s own advertising and promotional purposes, including placing any testimonials on the Site; and (iv) Company’s other business activities. Without limiting the foregoing, the foregoing grant of rights includes the right for Company to use the name, image, and likeness of any individual embodied in the User Content. You additionally irrevocably waive the benefits of any provision of law known as “droit moral” or “moral rights” which you may have in User Content. If you wish to keep User Content private or proprietary and for Company to not use the same, please do not contribute or transmit any User Content to Company.

12. CONTESTS: In addition to these Terms, sweepstakes, contests, or other promotions (each, a “Contest”) made available by Company through the Site (including through Company’s social media channels) may have specific rules that are different from these Terms. By participating in a Contest, you agree to and will become subject to any specific Contest terms and conditions. Company urges you to review the rules before you participate in a Contest. In the event of any conflict between any the terms and conditions of a Contest and these Terms, the rules pertaining to such Contest will take priority over these Terms solely for that given term or condition. Please visit https://mamasingmysong2.flywheelsites.com/contests for current Contest terms.

13. NEWSLETTER: You may be given the option of providing Company with Personal Data in order to receive recurring informational or promotional newsletters via email from Company (“Newsletters”). When you sign up for Newsletters, or at any time you use the Site thereafter, you can choose to opt out of receiving additional Newsletters. You can unsubscribe from a Newsletter by following the directions included in the Newsletter or email Company at info@mamasingmysong.com. Company will take commercially reasonable steps to implement your opt-out and unsubscribe requests promptly, but you may still receive communications from Company for a brief amount of time as Company processes your request. Please see Company’s privacy policy for additional information, https://mamasingmysong2.flywheelsites.com/privacy-policy.

14. THIRD PARTY CONTENT: The Site may contain information, links, or embedded material to third party content which Company may have not reviewed, including built-in dashboards to third party services. Company linking, embedding, or otherwise using such third-party content and services does not imply an advertisement or endorsement of any good, service, product, or otherwise provided by such third party. Company is not responsible for any third-party content linked or embedded to or from the Site and expressly disclaims, without limitation, any responsibility for any third-party content, the accuracy of any information found on any third-party website, social channel, or platform, or the quality of products of services provided by or advertised on such third-party website, social channel, or platform. Company urges all users of the Site, including you, to be responsible about the use of this Site and any third-party transaction entered into as a result of information gained on the Site or your interactions with others. Company is not a party to any such agreements between users and any part of an actual or potential transaction outside of Company are solely the responsibility of each user. Your use of any third-party content is at your own risk, and subject to the terms and conditions of such third-party’s website, social channel, platform, service, applications, product, or service. Company encourages you to review the terms and conditions and privacy policy of any third-party website, social channel, platform, service, or application that you visit and be aware that a third-party website, social channel, platform, service, or applications may collect your personal data and Company is not able to control any third party’s use of such technologies or how any third party manages the information gathered from such technologies. For more information, please see Company’s privacy policy found at https://mamasingmysong2.flywheelsites.com/privacy-policy.

15. REFERRAL PROGRAM: Company, from time to time, may offer existing customers referral incentives. In the event Company does so, the terms and/or offer of the referral program shall be found at https://orders.mamasingmysong.com/referral. Company reserves the right to cancel any referral programs at any time, and in the event of cancellation, you will have one (1) year to use any existing referral incentives you have earned. If you fail to use any referral incentives during such time, they shall expire without any liability owed to you. All referral incentives are non-transferable, not redeemable for any cash-value, cannot be used retroactively, and only may be used to order products on the Site as indicated on https://orders.mamasingmysong.com/referral.

16. SECURITY: As further set forth in Company’s privacy policy, available at https://mamasingmysong2.flywheelsites.com/privacy-policy, Company is committed to protecting your privacy in accordance with applicable laws and regulations, including via encryption methods Company deems suitable. Notwithstanding the foregoing, no electronic or other transmission of information to Company can be guaranteed to be 100% safe and Company cannot and does not ensure or warrant the security of any information you transmit to Company. Nonetheless, Company believes the measures Company has implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. You acknowledge all information and materials you transmit to Company is done at your own peril. You shall be solely responsible for acquiring and maintaining technology and procedures for maintaining the security of your Internet connection.

17. FORCE MAJEURE. Without limiting any other provision herein, Company shall not be liable for damages of any kind, under any legal theory, arising out of or in connection with any claim for losses or injuries resulting from events beyond Company’s control, including for any delay or failure of delivery of access to the Site, including, acts of god, acts of civil or military authority, pandemics, the application of security or health-related regulations imposed by any governmental authority, fires, earthquakes, tornados, hurricanes, riots, wars, embargoes, Internet disruptions, hacker attacks, communications failures, work stoppages or other labor disputes.

18. REPRESENTATIONS AND WARRANTIES: You represent and warrant the following:

i. You accept and agree to abide by all of the terms and conditions contained herein and you represent and warrant that you are not, and will not be, under any disability, or other restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all of the Terms. You acknowledge that you are at least 18 years of age and if under 18 years of age, you have, and will have at all times, have your parent or legal guardian’s consent in regards to your access and use of the Site. You represent that you will not impersonate any person or entity via the Site;
ii. Your access of use of the Site constitutes your acknowledgement and acceptance that your activities in regards to the Site are lawful in every jurisdiction where you access or use the Site. You agree to comply with all laws, rules, and regulations (federal, state, local, and provincial) applicable to your use of the Site and User Content;

iii. You agree that your use of the Site, including contributing User Content, will not violate any law, regulation, or right of any third-party, including any copyright, trademark, patent, trade secret, publicity, or privacy right. You expressly warrant and represent that you have all necessary licenses, rights, consents, and permissions to User Content, including if you provide any information about any minor to Company that you are that minor’s parent or legal guardian, or have other sufficient authorization from such minor’s parent of legal guardian. You agree you are not authorized to use the Site or Company’s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, violent, nude, partially nude, discriminatory, or pornographic material, or any other material which Company deems to be objectionable (in Company’s sole discretion). You are responsible for all content and information shared with the Site;

iv. You understand that Company may have access to, create or have created materials and ideas which may be similar or identical to the themes, ideas, plots, or other materials in User Content and, without limiting anything herein, including the licenses in User Content you grant to Company hereunder, you hereby waive any claims you may have against Company for copyright infringement, defamation, false light, emotional distress, other breach of confidence, theft of ideas, violation of trade secrets, or any other action or claim at law or in equity, including via contract or tort.

v. You will not interfere with any third party’s use and enjoyment of the Site, including sending unsolicited emails or “spam” messages or contact any other visitor or user of the Site for any illicit purpose or who has requested not to be contacted. You understand it is strictly prohibited to post or transmit, directly or indirectly, any unlawful, threatening, defamatory, obscene, or infringing material or impersonate any persons while using the Site;

vi. You will not cause damage to the Site or impair the availability or accessibility of the Site in any way which is fraudulent, unlawful, illegal, or harmful, including modifying, adapting, bypassing, or hacking the Site to change, de-crypt, interrupt, destroy, or limit the functionality of Company’s, or its users’, software, hardware or telecommunications equipment, uploading, posting, hosting, transmitting any code or materials of a destructive nature, or attempt to gain unauthorized access to Company’s servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Site or any goods or services provided by Company;

vii. You will not access the Site through unpermitted automated means, including use of scripts or web crawlers not present on the Site, including agreeing to not to use the Site in excess of any applicable login protocols. You agree not to access (or attempt to access) the Site by any means other than through the interface Company provides, unless you have been specifically allowed to do so in a separate agreement;

viii. You will not register any domain names, social media names (including handles), or other analogous digital names that contain Company’s names and trademarks or a confusingly similar name.

ix. You are responsible for all costs associated with accessing or using the Site and you are responsible for any system software and/or hardware compatibility requirements for use of the Site;
x. Company may refuse to offer the Site and change any eligibility criteria at any time without notice in Company’s sole discretion; and

xi. You will not upload payment information and/or use any debit card, credit card, or other form of payment on the Site, unless you have all necessary authorizations to do so.
19. SITE MONITORING: Company reserves the right to monitor your access and use of the Site without notification to you. Company may record or log your use in a manner as set out in Company’s privacy policy, available at https://mamasingmysong2.flywheelsites.com/privacy-policy.. Notwithstanding the foregoing, Company does not monitor all content found on the Site or the content of any websites or mobile applications linked to the Site for offensive, indecent, objectionable, obscene, or unlawful content and is not liable to you for any such content. You acknowledge that through Company providing you with access to the Site, Company is not undertaking any obligation or liability relating to the Content.

20. DISCLAIMER: This Site is made available “as is” and “with all faults.” Use of the Site is entirely at your own risk and you should use your best judgment and exercise caution while using the Site. In accordance with the foregoing, Company, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written, or oral, arising from a course of dealing, performance, usage of trade, or otherwise in connection with the Site and your use thereof, including, warranties of merchantability, fitness for a particular purpose, and non-infringement. Company explicitly does not warrant that the Site or any Content, including any musical works created for you, will meet your requirements. Company makes no guarantee that your use of the Site, and all other features or functionalities associated with the Site, or delivery or display of the Site, will be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. Company is not responsible or liable to you for any outages due to a third-party failure relating to the Site. Company will not be liable in the event others acting with or without your permission use your account and/or payment method to make purchases on the Site.

You understand that the contents of the Site are for informational and/or entertainment purposes only and nothing contained on the Site, or any musical work delivered to you, is intended to be legal, medical, psychiatric, accounting, or other similar professional advice. You may not use the Site or Content as a substitute for professional advice and/or the treatment of any condition. Your reliance on any such content is solely at your own risk and Company disclaims that any materials on the Site or delivered to you contains any such advice or recommendations.

You understand that the Site may contain inaccuracies, omissions, and delayed information and that Company is not liable to you for any such defect. Company reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information within the Site is inaccurate at any time without prior notice (including after you have submitted an order). Company undertakes no obligation to update, amend or clarify information on the Site, including pricing information, except as required by law.

No specified update or refresh date applied in the Site should be taken to indicate that all information in the Site has been modified or updated. Regardless, Company strives to provide accurate descriptions of all materials available on the Site and every attempt is made to provide you with complete, error-free, and accurate information. If you believe there are any inaccuracies or discrepancies, please contact Company at info@mamasingmysong.com. NOTWITHSTANDING THE FOREGOING, IF ANY IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES WITHIN THE UNITES STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

21. LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, Company shall not be liable to you or any third-party for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, loss of data, loss of business or anticipated savings, loss of use, loss of goodwill, or other damages which are in any way related to your use of the Site, regardless of legal theory (including, but not limited to contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Company has been advised of the possibility, foreseeability, or probability of such damages, and even if the remedies otherwise available fail for their essential purposes. UNLESS OTHERWISE PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN COMPANY AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND/OR YOUR USE OF THE SITE AND SERVICES WILL NOT EXCEED THE GREATER OF: (I) ONE THOUSAND DOLLARS ($1,000.00); OR (II) THE TOTAL AMOUNT OF SUMS, IF ANY, PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.

22. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Company, Company’s affiliates, subsidiaries, parents, successors, assigns, licensees, designees, and partners, and each of their officers, directors, members, stockholders, shareholders, employees, representatives, agents, and personnel, from and against all claims, actions, suits, liabilities, damages, costs, and expenses (including reasonable attorney’s fees and legal costs) arising out of or incurred in connection with: (i) your breach or alleged breach of these Terms; (ii) User Content; (iii) your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including without limitation, all regulatory, administrative and legislative authorities; (v) your use of the Site; and (vi) your negligence or willful conduct in regards to these Terms; all of the foregoing to the fullest extent permitted by applicable law. Notwithstanding anything to the contrary contained herein, this indemnification obligation shall survive these Terms and your use of the Site. Company reserves the right to take over the exclusive defense of claims for any of the foregoing, and in such an event, you shall provide prompt and reasonable cooperation to Company or its designees. You will not in any event settle any claim any of the foregoing is entitled to indemnification for, without the prior written consent of Company.

23. USE IN UNITED STATES: This Site is intended for use only from within the United States. Company does not represent that this Site is appropriate for use elsewhere. Access to this Site from locations where its contents are illegal is not authorized. Company makes no claims that the Site is accessible or appropriate outside of the United States. Access to and use of the Site may not be legal in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

24. EXPORT CONTROL: The Site may provide uses and services technology that may be subject to United States export controls administered by the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other United States agencies and the export control regulations of the European Union. You acknowledge and agree that the Site shall not be used in, and none of the underlying information, technology, or software may be exported or re-exported to, or otherwise transferred to, countries and other jurisdictions to which the United States, and the European Union (as well as Switzerland) maintains an embargo (an “Embargoed Country”), or to or by a national or resident thereof, or any person or entity on the United States Department of Treasury’s List of Specially Designated Nationals or the United States Department of Commerce’s Table of Denial Orders (a “Designated National”). Each Embargoed Country and Designated National list of the United States, and the European Union (as well as Switzerland) are subject to change without notice. By using the Site, you warrant and represent that you are not located in, under the control of, or a resident or national of a Designated National or an Embargoed Country. You agree to strictly comply with all United States and European Union (as well as Swiss) export laws and assume complete responsibility for obtaining licenses to export or re-export any information, technology, or software as may be required.

25. ENTIRE AGREEMENT: These Terms (including Company’s Privacy Policy and any other associated documents referenced in these Terms) represent the entire understanding between Company and you, superseding all prior agreements (including previous versions of the Terms), whether oral or written, with respect to your use of the Site and all other subject matter contained herein. Notwithstanding the foregoing, Company may enter into separate written agreements with users of the Site regarding specific business arrangements, such agreements not superseding these Terms upon entrance unless expressly stated therein. If you are a United States governmental agency and have a need for rights not conveyed under these Terms, please contact Company to negotiate acceptable terms for transferring such rights.

26. HEADINGS: Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms.

27. BINDING AGREEMENT: The Terms shall be binding upon and inure to the benefit of Company and your respective assigns, successors, heirs, and legal representatives.

28. MODIFICATION TO TERMS: The Terms cannot be modified or amended, except as expressly provided for herein. Company reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in Company’s sole discretion, and such new Terms will immediately take effect upon Company posting such new Terms on the Site. You are encouraged to frequently visit the Site, specifically at https://mamasingmysong2.flywheelsites.com/terms-of-use to review the current Terms. Notwithstanding the foregoing, Company will attempt to notify you of any material changes to the Terms. Your continued use of the Site following any changes to the Terms shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms. Any questions, requests for assistance, thoughts, or complaints regarding changes to the Terms can be directed to Company at info@mamasingmysong.com.

29. ASSIGNMENT: The Terms are personal to you (or the company or other legal entity or individual you are entering into these Terms on behalf of), and are not otherwise assignable, transferable, or sublicensable by you except with Company’s prior written consent. Without limiting the foregoing, this includes you may not assign your rights in and to any musical work provided to you to any third party. Company may freely assign the Terms.

30. SEVERABILITY: If any part of the Terms is deemed by a court of law or authority of competent jurisdiction to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed.

31. WAIVER: The waiver by Company or you of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party.

32. SURVIVAL: All provisions of these Terms, which by their nature should survive termination or expiration of these Terms, shall survive termination or expiration.

33. NO AGENCY: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.

34. CHOICE OF LAW: The laws of the State of Indiana applicable to contracts entered into and performed within Indiana (and notwithstanding any conflict of law principles) shall exclusively govern these Terms and any disputes between you and Company, including all disputes arising out of these Terms, unless otherwise prohibited by law. Notwithstanding the foregoing, you will also be able to rely on mandatory un-waivable rules, if any, of the law of the jurisdiction country where you live.

35. ARBITRATION: You and Company agree that any and all disputes or claims that arise between you and Company, whether arising out of or relating to these Terms, your use of the Site, and any other aspect of the relationship or transactions between you and Company, shall be resolved exclusively through final and binding arbitration administered before the American Arbitration Association (the “AAA”) under its consumer arbitration, or other applicable, rules (the "AAA Rules") then in effect, subject to the terms of this arbitration provision. Any alleged claim or cause of action you may have with respect to your use of the Site or these Terms must be commenced within two (2) years after the alleged claim or cause of action arises, unless otherwise prohibited by law. Company is always interested in resolving disputes amicably and efficiently, and Company anticipates most user concerns can be resolved quickly by emailing Company at info@mamasingmysong.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Arbitration Notice”). The Notice to Company should be sent to Company at the following address, Mama Sing My Song LLC, 2201 E 46th St, Suite 153, Indianapolis, IN 46205 and via email to info@mamasingmysong.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If You and Company do not resolve the claim within ninety (90) calendar days after a valid Arbitration Notice is received by Company, you or Company may commence an arbitration proceeding. For the avoidance of doubt, you understand that by agreeing to the Terms, you and Company are each waiving the right to a jury trial or to participate in a class action or class arbitration, except for the limited exclusions expressly set forth herein. Notwithstanding the foregoing, you may assert some claims in “small claims” court pursuant to certain provisions in the AAA rules regarding small claim actions, but only if your claim is under $10,000, otherwise qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis (as further set forth below).

36. ARBITRATION PROCESS: Any arbitration of a dispute will be handled by a sole AAA arbitrator with significant experience in the subject-matter to which the claim or dispute is based upon. You and Company agree that the arbitrator shall have the power to rule on any objections with respect to the existence, scope, or validity of the arbitration provisions contained herein or to the arbitrability of any claim or counterclaim. The arbitrator must follow these Terms and has the power to award the same damages and relief as a court could award (including reasonable attorney fees and costs, as and when specified in these Terms), except that the arbitrator may not award you any declaratory or injunctive relief. Notwithstanding the foregoing, if there is any inconsistency between any term of the AAA Rules and any term of this arbitration provision, the applicable terms of this arbitration provision will control unless the arbitrator determines that the application of the inconsistent term(s) would not result in a fundamentally fair arbitration. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Any arbitration judgement award or other relief may be entered in any court that has jurisdiction, and may only be challenged by you or Company if the arbitrator makes a clear error of law. The arbitration shall be in English. The parties shall mutually bear the cost of any filing, administrative, or arbitrator fees, unless otherwise agreed to by Company. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties, including the amount of any settlement offer made by either party or any judgement to which a party is entitled.

37. VENUE: Unless Company and you agree otherwise, any arbitration hearings will take place in Marion County, Indiana. Notwithstanding the foregoing, if your claim is for $10,000 or less and not pursued by you in “small claims” court pursuant to certain provisions in the AAA rules, Company agrees that you may choose whether the arbitration will be conducted solely electronically on the basis of documents submitted to the arbitrator or through a telephonic hearing (subject to AAA’s approval). If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

38. NON-ARBITABLE DISPUTES: In the event that any dispute related to these Terms is not subject to the arbitration provisions herein, you and Company agree that any such dispute shall be exclusively resolved in the courts located in Marion County, Indiana. Notwithstanding anything to the contrary contained herein, Company may pursue directly in court and not via the arbitration process set forth above, in Company’s sole discretion, emergency equitable relief, including injunctive relief, for your actual or alleged breaches of these Terms in regards to unauthorized uses of Company’s intellectual property and you causing damage to the Site or impairing the availability or accessibility of the Site. Additionally, nothing in this arbitration provision shall preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Company on your behalf.

39. REMEDIES: All of Company’s rights and remedies are cumulative and shall in no way affect any remedy available to Company under equity or law. You agree that any violation of the breach of the Terms by you may result in irreparable harm to Company, that monetary damages may be inadequate, and you hereby agree Company shall be entitled to seek injunctive relief, without the need to post any bond or proving any damages. Notwithstanding anything to the contrary contained herein, you may not seek any equitable or injunctive relief under these Terms, and you may only seek damages against Company in the form of your actual monetary damages.

40. NOTICE: All legal notices to Company or you pursuant to these Terms will be in writing and will be delivered by personal delivery or certified mail and will be deemed given upon delivery or sent via email (in the event there is an Account, to the email address associated with your Account will comply with this paragraph) and will be deemed given upon confirmation of delivery or receipt. Notwithstanding the foregoing, all legal notices pursuant to these Terms are required to be sent by you to Company to the following email address: info@mamasingmysong.com.

41. COMPLAINTS: For intellectual property related complaints, please see the next paragraph. For all other complaints, if you have a complaint about Company, please send your complaint to info@mamasingmysong.com including your name, address, contact details, a description of your complaint and any applicable URLs to identify any relevant content. If you are unable to contact us by email, please write to us at the following address 2201 E 46th St, Suite 153, Indianapolis, IN 46205.

42. INTELLECTUAL PROPERTY POLICY: Company respects the intellectual property rights of others and desires to offer a Site that contains no material that violates the intellectual property rights of others. Company has instituted procedures for receiving written notification of claimed intellectual property infringements. If you believe in good faith that your intellectual property rights have been infringed through use on the Site, you may notify Company at 2201 E 46th St, Suite 153, Indianapolis, IN 46205 and by email at info@mamasingmysong.com with “Mama Sing My Song - Notice of Infringement” in the subject line, which contains:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest allegedly infringed;

2. A description or identification of the copyrighted work(s) (or other intellectual property interest(s)) that you claim has been infringed;

3. A description or identification specifying the location on the Site of the material(s) that you claim is infringing, including all URL addresses;

4. Your name, email address, mailing address, and telephone number;

5. A statement by you that you have a good faith belief that use of the material in the manner complained is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and

6. A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf.

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may be invalid under these Terms, and potentially other intellectual property laws.

43. FOSTER CARE: Company donates a portion of each sale made on the Site to various foster care organizations, as well as provides certain gratis product to such foster care organizations. For additional information about Company’s foster care initiatives, please see https://mamasingmysong2.flywheelsites.com/foster-care.

44. SUPPORT: Upon your written request to info@mamasingmysong.com, Company shall endeavor to promptly answer questions you have about the Site during normal business hours.

Questions, comments, and requests in relation to these Terms are welcome and should be addressed to info@mamasingmysong.com, except questions, comments, and requests in relation to orders should be addressed to orders@mamasingmysong.com.