Baby Melody Terms & Conditions
Agreement Between User and Baby Melody
Welcome to baby-melody.com. The baby-melody.com website, mobile website, and mobile application(s) (the “Site”) are comprised of various web pages, services, and applications owned and operated by Baby Melody. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read the Terms carefully and keep a copy of them for your reference.
Digital music downloads offered by Baby Melody ("Music Downloads") are provided for your personal, noncommercial use only in the United States, its territories and possessions. All purchases of music content ("Music Content") are deemed final and are non-refundable. The use and purchase of Music Content require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. We reserve the right to change the prices and availability, including removal of Music Content, without prior notice to you. In accessing Music Content through Baby Melody, You agree:
- To not modify, or attempt to modify, any software or Music Content purchased through Baby Melody for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Music Content.
- Any reproduction, redistribution, transmission, sale, broadcast, public performance, rental or lending, adaptation, sub license, modification, promotion or other use of the Music Content, including, without limitation, any use that requires a synchronization license with respect to the underlying musical composition is a violation of the law and is expressly prohibited.
- Other than as expressly set forth herein, copying, sharing or transferring of the Music Content is expressly prohibited.
Downloads of Music Content may be purchased individually, collectively as albums, or, in some cases, only in the form of albums. All Music Downloads sold through Baby Melody are encoded in a high quality MP3 or AAC+ format. Once a Music Download is burned to a CD it may not be copied, distributed or transferred from that CD to any other media or device. Music Content may not be used as a musical "ringer" in connections with phone calls. All Music Downloads of Baby Melody content are sold directly by Baby Melody, Inc. via its agent.
Visiting the Site, sending emails, or submitting information to Baby Melody constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or on the Site, satisfy any legal requirement that such communications be in writing.
Links To and From Third Party Sites
The Site may contain links to, or may be linked from, other websites, mobile sites, mobile applications, or social media (“Linked Sites”). The Linked Sites are not under the control of Baby Melody and Baby Melody is not responsible for the contents, policies, terms, or privacy of any Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites. Baby Melody provides links to and from the Site as a convenience. The inclusion of any link does not imply endorsement or sponsorship by Baby Melody of the Linked Sites or any association with their operators.
Third Party Services
Certain services made available via the Site are delivered by third party sites, vendors, and organizations. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that Baby Melody may share such information and data with any third party with whom Baby Melody has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers.
Third Party Accounts
You have the ability to connect your Baby Melody account to third party accounts. By connecting your Baby Melody account to a third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others. If you do not want information about you to be shared in this manner, do not use this feature.
Baby Melody does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use the Site only with the permission of a parent or guardian. If you think we have information about your child who is under 13, please contact us.
The Site is owned, operated, and administered by Baby Melody from our offices within the United States. Accessing the Site from outside the United States may not be legally permissible by certain persons in certain countries. If you access the Site from a location outside the United States, you do so at your own risk and initiative and you are responsible for compliance with all applicable local laws. You agree that you will not use the Baby Melody content accessed through the Site in any country or in any manner prohibited by these Terms and any applicable laws or regulations. You also agree that the Site may contain references to products, services, or functionalities that are not available in your location, and Baby Melody will not make such products, services, or functionalities available to you.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Baby Melody that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not use the Site for any commercial purposes other than those with Baby Melody for which it is provided. You may not collect or store personal data about other users. You may not post or upload information to the Site that is unlawful, tortious, obscene, abusive, harassing, defamatory, violative of another person’s privacy, embarrassing, or violative of applicable intellectual property laws. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
By submitting, posting, or uploading content on or through the Site, you warrant that you own the content and otherwise have the right to submit, post, or upload it. You grant Baby Melody a limited, non-exclusive, worldwide, sub-licensable, fully-paid, royalty free license to use, modify, display, perform, reproduce, and distribute such content without the requirement to seek your permission or make a payment to you. You continue to maintain ownership rights to your content, subject to these Terms and the license described herein. You also agree that Baby Melody may use your content to develop future products, services, proposals, and initiatives without attribution or obligation to you.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Baby Melody as a result of the Terms or use of the Site. All content included as part of the Site, such as text, graphics, logos, images, renditions, and floor plans, as well as the compilation thereof, and any software used on the Site, is the property of Baby Melody or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions and will not make any changes thereto or copies thereof without the express written permission of Baby Melody.
Baby Melody content is not for resale. You will not modify, publish, transmit, reverse engineer, participate in the transfer for sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You may use protected content solely for your personal use, and will make no other use of the content without the express written permission of Baby Melody and the copyright owner(s). You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Baby Melody or our licensors, except as expressly authorized by these Terms.
You agree that if you misuse Baby Melody’s intellectual property in violation of these Terms, you may be subject to legal remedies and you will be responsible for any damages, losses, penalties, attorneys’ fees, and costs Baby Melody incurs as a result of your misuse.
You agree to indemnify, defend, and hold harmless Baby Melody, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or its services, any user content made or submitted by you, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Baby Melody reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Baby Melody in asserting any available defenses.
Baby Melody’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Baby Melody’s obligation to comply with governmental, judicial, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Baby Melody with respect to such use.
You agree that you have no ownership rights in Baby Melody or the Site, nor do you have a right to use the Site. Baby Melody reserves the right, in its sole discretion, to terminate or restrict your access to the Site and related products, services, and functionalities, or any part thereof, at any time, with or without notice. Baby Melody further reserves the right, in its sole discretion, to delete or otherwise destroy any content submitted, posted, or uploaded to the Site or sent via other electronic communication, or any part thereof, at any time, with or without notice.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, MAY BE UNAVAILABLE DUE TO SERVICE INTERRUPTIONS, AND MAY CHANGE AT ANY TIME WITHOUT NOTICE. BABY MELODY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BABY MELODY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Law and Jurisdiction
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Unless otherwise specified herein, the Terms constitute the entire agreement between you and Baby Melody with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Baby Melody with respect to the Site. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severable and superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in full force and effect.
Changes to Terms
Baby Melody reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Your use of the Site after changes to the Terms are posted constitutes your agreement to those changes. Baby Melody encourages you to periodically review the Terms to stay informed of any updates.
Deerfield Beach, FL 33441