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MUMEBO INC.
Terms of Use

Welcome to Mumebo Inc’s website! Mumebo Inc. (“Mumebo”) owns and operates the website at www.mumebo.com (the “Website”). Through the Website, users can obtain music lesson materials and resources in form of digital downloads and/or access to content on webpages (together, “Content”). These Terms of Use (“Terms”) may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.

By using this Website, you accept these Terms and agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Mumebo that you will use the Website only in a manner consistent with these Terms. Your use of the Website and services available through the Website (together, the “Service”) is subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Website.

You can use the Website without creating an account. In order to obtain access to free Content or to purchase a license to Content for a fee, you must create a user account. You must be at least 18 years of age to create a user account. When creating a user account, you must provide accurate, complete and updated registration information. You may not attempt to impersonate another person. You may never use another person’s user account without permission from that user. You are solely responsible for all the activity that occurs through your user account, including reviews, discussions and comments, the activities of others using your account regardless of whether such activities are authorized, and for keeping your account password secure. You agree that all reviews, comments, discussions and posts through your account will not disseminate fraudulent goods, products, services, schemes, or promotions and do not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable and will contain any links to websites or materials which are competitive with the Website; you authorize any review, comment, discussion or post to be modified to remove any link to any website or material that, Mumebo, in its sole discretion, believes to be competitive with the Website.

“Your Comments” means all tangible, intangible, and/or digital content in any communication that you have with Mumebo Inc., and any comment, reviews, suggestions, or other posting on the Mumebo website (the “Website”) that you provide to Mumebo. You represent and warrant to Mumebo that Your Comments will not infringe upon any rights of any third party. Mumebo owns any suggestions or any ideas or concepts included in Your Comments relating to Mumebo or products or services that are or may be available through Mumebo, without any compensation being required to be paid to you.

You agree to notify Mumebo immediately of any breach of security or unauthorized use of your account. Although Mumebo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mumebo or others due to such unauthorized use. We reserve the right to require you to alter your password if we believe your password is no longer secure. Mumebo reserves the right to refuse to provide you with an account or cancel your account in its sole discretion. You acknowledge and agree that Mumebo may access, retain and disclose your account information and Your Content if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to a notice of copyright infringement; (iv) respond to your requests for customer to government inquiries; or (v) protect the rights, property or personal safety of Mumebo, its users, or the public. User assumes all risk in following any website link on the Website.

Payments are not refundable unless the licensed Content is not available to Mumebo for download by User other than for infringement of third party rights. User assumes all risk that the user’s chosen file format is the correct file format that user requires. Other file formats might not be available or might require additional license fees. It is the user’s responsibility to confirm before payment for a license that a digital download which requires a particular application will be usable by that user. Users will be permitted to print out pdfs for use with user’s students in a formal classroom setting or private or group music lesson setting; any other sharing, copying, including but not limited to posting Content on another website is illegal and not permitted.

If in PDF format, licensed Content might include a visual stamp including the purchaser’s name and/or email address and the order number. Licensed Content should be downloaded and backed-up, if applicable, immediately; if Content previously licensed by a user is still available through the Website, that user may be able to download the same Content again. However, there is no guarantee that licensed Content can be downloaded or viewed more than once. If Mumebo becomes aware that Content infringes on the rights of a third party, Mumebo shall remove that Content from the Website; no refund shall be issued for licenses purchased to such Content whether or not such Content has been downloaded.

Mumebo uses your information only as described in Mumebo’s Privacy Policy. Mumebo uses cookies as more fully explained in Mumebo’s Privacy Policy. Mumebo views protection of its users’ privacy as very important. You can access and modify the information you have provided to us by signing-in to your account and changing your account information and preferences. If you object to your information being transferred or used in the manner provided for in the Mumebo Privacy Policy your sole recourse is to stop using the Mumebo Website.

The Website and Service is protected by U.S. and international copyright laws, the Digital Millennium Copyright Act, and by other applicable laws. Mumebo has a zero tolerance policy for intellectual property infringement. If you believe that content on this Website infringes upon your intellectual property rights, please contact us and report it here.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MUMEBO, INCLUDING ITS MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “MUMEBO AFFILIATES”) FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT. YOU WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT TO ANY ACTIVITIES, CONTENT, PRODUCTS, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE WEBSITE, OR THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT. IN NO EVENT WILL MUMEBO OR MUMEBO AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT. THE WEBSITE AND ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE WEBSITE OR THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR OWN RISK. IF THE CONTENT YOU LICENSED IS CORRUPTED PRIOR TO DELIVERY TO YOU, MUMEBO’S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR MUMEBO TO PROVIDE A DUPLICATE COPY OF THE CONTENT AT NO EXTRA COST TO YOU. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, MUMEBO AND MUMEBO AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MUMEBO MAKES NO WARRANTY THAT (i) THE WEBSITE IS SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE, SERVICE, AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE WEBSITE, SERVICE, AND CONTENT IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iv) THE WEBSITE, SERVICE, AND CONTENT WILL MEET YOUR REQUIREMENTS. MUMEBO MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, LICENSED, OR OBTAINED THROUGH THE WEBSITE OR SERVICE OR THAT ARE ADVERTISED ON THE WEBSITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY WHICH OCCURS THROUGH YOUR USE OF THE WEBSITE OR THE SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES. TO THE FULLEST EXTENT PERMITTED UNDER LAW, MUMEBO WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE WEBSITE OR SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Mumebo may, in its sole discretion, terminate your account or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Mumebo elsewhere within the Service, or (ii) conduct Mumebo, in its sole discretion, believes is harmful to other Mumebo users, the business of Mumebo, or Mumebo Affiliates. Mumebo will not be liable to you or any third-party for any termination of your access to the Website or the Service.

The state and federal courts of New York are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of New York.

Mumebo may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Unless otherwise stated in the amendment or modification, amendments or modifications made by Mumebo will be prospective only.

These Terms constitute the entire agreement between you and Mumebo governing your use of the Website and the Service unless you contribute lesson content, in which case, the Author Terms of Use will also apply to you. We may assign these Terms and our rights and obligations under them upon notice to you. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Mumebo Affiliate services, third-party Content, or third-party software.

The failure of Mumebo to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

You can report abuse of these Terms here.