The Tuneables is an award-winning children's music education DVD and CD series designed to teach the key building blocks of music at a critical time in a child's development. Sponsored by the Music Intelligence Project, this fun, interactive program engages children in songs and activities that provide a foundation of music understanding and growth in intellectual development. Ages 3-8.
Buy your copy today at: www.thetuneables.com/the-music-shop/
This Agreement was posted to this Website on April 21, 2010 and was last updated on this date. This Agreement may be amended from time to time. You should visit this page regularly to keep yourself informed of the most current version of this Agreement.
The terms "us", "we" and "our" refer to Music Intelligence Project, LLC. The term "you" refers to each individual user of our Website.
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DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
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MUSIC INTELLIGENCE PROJECT, LLC, TOGETHER WITH ALL OF OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUPPLIERS AND CONTENT, INFORMATION AND SERVICE PROVIDERS (COLLECTIVELY REFERRED TO AS THE "MIP PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU WITH RESPECT TO THIS WEBSITE AND HEREBY SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE OR THE CONTENT CONTAINED ON THIS WEBSITE, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, ARISING OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE OR CUSTOMS OR USAGE OF TRADE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT AND ANY REPRESENTATIONS REGARDING ACCURACY, TRUTHFULNESS AND OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THIS WEBSITE OR THE QUALITY OF THIS WEBSITE AND ITS CONTENT.
Liability Exclusion and Release
Music Intelligence Project, LLC and the MIP Parties have no liability whatsoever, to the fullest extent permitted by law, in connection with your use of and/or access to this Website and any of the Content. Music Intelligence Project, LLC and the MIP Parties hereby specifically assume no liability for any damages arising out of or related to: (1) any errors, inaccuracies or omissions contained in any of the Content; (2) any personal injuries or property damage resulting to you or to any third party from your use of and/or access to the Website, (3) any unauthorized access to your personal information and/or financial information by any third parties through the Website, and (4) any viruses or Trojan horses you may acquire due to your use of and/or access to the Website. These specific exclusions of liability are provided as examples only and shall not in any way limit or reduce our exclusion of all liability hereunder. You should use your best judgment and exercise caution when and where appropriate while using this Website.
WhilE effort has been taken to ensure that this WEBSITE AND ITS CONTENT ARE free from viruses, YOU HEREBY ACKNOWLEDGE THAT Music Intelligence Project, LLC DOES NOT GUARANTEE THAT THEY ARE free from viruses. you HEREBY are responsible for ensuring that you have installed adequate and up-to-date virus-checking software. YOU HEREBY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIRS TO ANY COMPUTER OR TO ANY OTHER EQUIPMENT ARISING OUT OF OR RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE.
YOU HEREBY ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF ANY USERS OF THIS WEBSITE. ALL COMMUNICATIONS AND TRANSACTIONS WITH OTHER USERS ARE AT ENTIRELY AT YOUR OWN RISK. MUSIC INTELLIGENCE PROJECT, LLC AND THE MIP PARTIES HEREBY DISCLAIM ANY AND ALL LIABILITY ARISING FROM SUCH COMMUNICATIONS OR TRANSACTIONS, INCLUDING FROM ANY TORTS, ILLEGAL CONDUCT OR OTHER OFFENSES COMMITTED BY ANY OTHER USERS.
YOU HEREBY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, MUSIC INTELLIGENCE PROJECT, LLC AND THE MIP PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES THAT YOU SUSTAIN, OR THAT YOU CAUSE ANY THIRD PARTY TO SUSTAIN, WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE AND ANY OF ITS CONTENT, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, DAMAGES FOR LOST REVENUES OR LOST PROFITS AND ANY AND PUNITIVE DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ANY THIRD PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MIP PARTIES AND MUSIC INTELLIGENCE PROJECT, LLC TO YOU EXCEED THE LESSOR OF: (A) FIVE THOUSAND ($5,000.00) DOLLARS; OR (B) THE DAMAGES THAT YOU SUSTAIN.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE MUSIC INTELLIGENCE PROJECT, LLC AND EACH OF THE MIP PARTIES FROM ANY AND ALL DAMAGES, LOSSES, LIABILITIES, REASONABLE ATTORNEYS' FEES, COSTS AND EXPENSES OF ANY KIND SUSTAINED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LAWSUITS, LEGAL, ADMINISTRATIVE, OR CIVIL PROCEEDINGS WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH PRESENTLY EXIST OR MAY HEREAFTER EXIST IN THE FUTURE, WHICH ARISE OUT OF OR ARE RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE AND ITS CONTENT TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MUSIC INTELLIGENCE PROJECT, LLC AND EACH OF THE MIP PARTIES, FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES, LIABILITIES, REASONABLE ATTORNEYS' FEES, COSTS AND EXPENSES OF ANY KIND THAT THEY MAY SUSTAIN IN CONNECTION WITH ANY CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LAWSUITS, LEGAL, ADMINISTRATIVE OR CIVIL PROCEEDINGS WHATSOEVER, MADE BY YOU OR ANY OTHER THIRD PARTY, WHETHER KNOWN OR UNKNOWN, WHICH PRESENTLY EXIST OR MAY HEREAFTER EXIST IN THE FUTURE, WHICH ARISE OUT OF OR ARE RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE OR YOUR BREACH OF ANY OF YOUR OBLIGATIONS UNDER, OR YOUR FAILURE TO ABIDE BY ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Website is the copyright of Music Intelligence Project, LLC effective 2010. The Content contained on this Website is the copyright of Music Intelligence Project, LLC or of any third parties who licensed the Content to us. All rights are reserved.
Any redistribution or reproduction of part or all of the Content in any form is prohibited other than the following:
You may not, except with our express written permission, or without the express written permission of the copyright holder of any Content supplied to the Website by any third party, commercially distribute or exploit the Content. You may also not transmit the Content, store it in any other website or other form of electronic retrieval system, or manipulate or alter the Content in any manner.
Compliance with Local Laws
The Website is controlled and offered by Music Intelligence Project, LLC from its facilities in Connecticut. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with their local laws.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Connecticut. Any disputes arising from matters relating to the Website shall be subject to the
jurisdiction of the state and federal courts of Connecticut and you hereby irrevocably consent to
the personal jurisdiction of such courts.
If any of these terms and conditions of this Agreement should be determined to be illegal, invalid
or otherwise unenforceable by any reviewing court of competent jurisdiction, such illegal,
invalid or unenforceable terms shall be severed and deleted from this Agreement, only within the
jurisdiction of such reviewing court, and the remaining terms and conditions of this Agreement
shall survive, remain in full force and effect and continue to be binding and enforceable to
fullest extent permitted by law.
Successors and Assigns
The terms and conditions of this Agreement will inure to the benefit of Music Intelligence Project, LLC, the MIP Parties, their affiliates and each of their respective successors and assigns. The terms and conditions of this Agreement will be binding on you and your heirs, executors, administrators, any permitted assigns, and your personal representatives.
No waiver, express or implied, by either party of any breach of or default under this
Agreement will constitute a continuing waiver of such breach or default or be deemed to be
a waiver of any preceding or subsequent breach or default.
No partnership, joint venture, principal-agent, employer-employee or franchisor-franchisee
relationship with us is intended or created by this Agreement or your use of or access to this
Website for any reason.
Any rights not expressly granted to you by this Agreement are hereby reserved to Music Intelligence Project, LLC.
The section headings contained in this Agreement are listed for the convenience of reference only and they are not intended to define or limit the scope of any provision of this Agreement.
Music Intelligence ProjectÔ is a federally registered trademark, and the trade name of, Music Intelligence Project, LLC.