Access to and use of the My Music Bridge App, our website musbridge.com and any corresponding services and related applications (collectively, the “App”) is preconditioned on and subject to the following terms and conditions (“Terms”) which form a binding agreement between you, on behalf of yourself and for the benefit of your child(ren), as applicable (“User”) and Bridge Innovations, LLC (“Company”):
USER LOG-IN CREDENTIALS: Following acceptance of these Terms, User must create a user name and password in order to access and use the App (“Log-in Credentials:”). User must treat Log-in Credentials as confidential and may not share such Log-in Credentials with any third
party. User is responsible for any and all actions taken through the App using the Log-in Credentials. User must notify Company immediately in the event that User becomes aware of any unauthorized use of User’s Log-in Credentials. In order to recover Log-in Credentials, User hereby agrees to receive text messages from Company as more fully described in the Privacy Policy.
PURPOSE: The intended purpose of the App is to be an aid to children ages 5 and up (and their parents) in the children’s practice of musical instructions. User is strictly responsible for using the App in compliance with all: (a) applicable federal, state, provincial and local laws and regulations, including without limitation, federal copyright laws and (b) the following acceptable use practices:
User may not use the App to record any music without proper permission or license from
the copyright holder;
User must provide accurate information in creating an account;
User may not remove any copyrights or other proprietary notices on the App;
User may not attempt to interfere with or disrupt the operation of the App;
User may not attempt to decompile or reverse engineer the App; and
User must comply with any platform or network rules, regulations or terms of use in
accessing and using the App.Company has the right to terminate access immediately and
without prior notice in the event that User violates any of the Terms or fails to pay the
applicable fees for the App.
DATA CONSENT AND USAGE. With respect to any data that User posts, shares or is collected by or otherwise made available to Company by or through User in connection with the App, including without limitation, geolocation information and demographic information, User hereby expressly consents that Company may use, publish, distribute and share such data for all lawful purposes and in accordance with Company’s Privacy Policy, which is incorporated here by this reference. Additionally, User expressly consents to receiving text messages from Company
relating to the recovery of Log-in Credentials.
OWNERSHIP AND LIMITED LICENSE: All right, title and interest in and to the App, including all user accounts, information, software, text, displays, images, video and audio and the design, selection and arrangement thereof and its underlying technology vests exclusively in
Company and its licensors, except to the extent that any such material is public domain or available as fair use. During the term of an applicable master agreement, Company grants User a limited, personal, revocable, nonexclusive, non-transferable and non-sub-licenseable right to download and use the App on User’s iOS (or, in the future, Android) mobile device, solely in compliance with these Terms. Company reserves the right to update the App at any time within Company’s sole and complete discretion.
LIMITATIONS:
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, EXCEPT FOR ANY WARRANTIES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
COMPANY IS NOT RESPONSBILE FOR ANY PHONE-RELATED CHARGES USER MAY INCUR, INCLUDING WITHOUT LIMITATION, ANY FEES RELATING TO INTERNET CONNECTION, DATA USAGE OR TEXT MESSAGING.
COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSE ARISING OUT OF OR RESULTING FROM THE USE OF THE APP, REGARDLESS OF WHETHER SUCH DAMAGE, LOSS OR EXPENSE IS BASED IN TORT, CONTRACT OR OTHERWISE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES TO USER REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCOUNT DELETION: Company reserves the right to delete User’s account for failure to pay the applicable fees for the App. User may also voluntarily delete its own account. Company may delete User’s account due to a breach of these Terms. Once an account is deleted, User may not
access the account or any content associated with the account, including any data or recordings associated with the account.
GOVERNING LAW: These Terms are governed by the laws of the State of Michigan without reference to its conflict of law provisions. User agree that any dispute related to the Terms and/or use of the App shall be brought in the United States District Court for the Eastern District of Michigan or the state courts in Oakland County, Michigan and User waives any claim that such courts do not have personal jurisdiction or are an inconvenient forum. Any claim, demand or cause of action User has arising out of or relating to the App or these Terms, must be brought within one year from the date the claim arose.
RIGHT TO ASSIGN: Company may assign its rights and obligations under these Terms, in whole or in part, without notice to User, at any time. These Terms are binding on a party’s successors and assigns.
ENTIRE AGREEMENT:These Terms constitute the entire agreement between User and Company with respect to the App and it supersedes any and all prior written or verbal communications. Company reserves the right to update these Terms and our Privacy Policy from time to time.