Agreement between user and
Welcome to www.smallsounds.co. The website (the "Site") is comprisedof various web pages
operated by Small Sounds, LLC ("Small Sounds"). is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of constitutes your agreement to all such Terms. Please read these terms carefully, and keep
a copy of them for your reference.
is a Information and E-commerce Site
The website is designed to inform the customer about our services, upcoming events and as a portal to get in touch
with the company. Small Sounds sells services in the form of educational music classes for preschool and early
also governs the Site and informs users of our data collection practices.
Visiting or sending emails to Small Sounds 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 and on the Site, satisfy any legal requirement that such communications
be in writing.
Small Sounds collects personally identifiable information from children under the age of thirteen. Small Sounds collects
this information for the following reason(s):
To offer services provided by Small Sounds that are appropriate to the child's age level.
To aid in Small Sounds marketing efforts.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you
are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use only with permission of
a parent or guardian.
No refunds. In the event Small Sounds, LLC has to cancel a class, a make-up class voucher equal to the amount of
the missed class will be provided to customer. (Voucher has no cash value.)
Links to third party sites/Third party services
may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control
of Small Sounds and Small Sounds is not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site. Small Sounds is providing these links
to you only as a convenience, and the inclusion of any link does not imply endorsement by Small Sounds of the site
or any association with its operators.
Certain services made available via are delivered by third party sites and organizations. By using
any product, service or functionality originating from the domain, you hereby acknowledge and
consent that Small Sounds may share such information and data with any third party with whom Small Sounds has a contractual relationship to provide the requested product, service or functionality on behalf of users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use strictly
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 which could damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. 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.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof,
and any software used on the Site, is the property of Small Sounds 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 contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or
in any way exploit any of the content, in whole or in part, found on the Site. Small Sounds content is not for resale.
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 will use protected content solely
for your personal use, and will make no other use of the content without the express written permission of Small Sounds
and the copyright owner. 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 Small Sounds or our licensors except as
expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only
to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information; upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received
all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that
may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal
or other proper notices or proprietary designations or labels of the origin or source of software or other material
contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate
any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws
Small Sounds has no obligation to monitor the Communication Services. However, Small Sounds reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Small Sounds reserves the right to terminate your access to any or all of the Communication Services at any time without notice for
any reason whatsoever.
Small Sounds reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in Small Sounds's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Small Sounds does not control or endorse the content, messages or information found in any Communication Service and, therefore, Small Sounds specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Small Sounds spokespersons, and their views do not necessarily reflect those of Small Sounds.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to or posted on any Small Sounds web page
Small Sounds does not claim ownership of the materials you provide to (including feedback and suggestions) or post, upload, input or submit to any Small Sounds Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting
Small Sounds, our affiliated companies and necessary sublicensees permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name
in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Small Sounds is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Small Sounds' sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the
rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Small Sounds from our offices within the USA. If you access
the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that
you will not use the Small Sounds Content accessed through in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Small Sounds, 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 services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Small Sounds 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 Small Sounds in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMALL SOUNDS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SMALL SOUNDS, LLC 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. SMALL SOUNDS, LLC 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMALL SOUNDS, LLC
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMALL SOUNDS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Small Sounds reserves the right, in its sole discretion, to terminate your access to the Site and the related services or
any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed
by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan
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.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Small Sounds
as a result of this agreement or use of the Site. Small Sounds's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Small Sounds's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information
to or gathered by Small Sounds with respect to such use. If any part of this agreement 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 superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Small
Sounds with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Small Sounds with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d 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.
Changes to Terms
Small Sounds reserves the right, in its sole discretion, to change the Terms under which is offered.
The most current version of the Terms will supersede all previous versions. Small Sounds encourages you to periodically review the Terms to stay informed of our updates.
Small Sounds welcomes your questions or comments regarding the Terms:
Effective as of January 19, 2015
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
Small Sounds, LLC may collect and use Users personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Small Sounds, LLC
This document was last updated on January 19, 2015