MusicFirst Elementary Terms & Conditions

Name: MusicFirst Elementary
Brand: MusicFirst Elementary
Price: 695 USD
Availability: InStock

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

BY USING THIS WEB SITE OR OUR APPLICATION OR SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Your access to and use of this website, application, or service as offered by Charanga Ltd (collectively “Charanga”) and distributed in North America by MusicFirst is subject to the following terms and conditions of use (“Terms of Use”) and all applicable laws. These Terms of Use apply exclusively to your access to, and use of, this website and do not alter in any way the terms or conditions of any other agreement you may have with Charanga. These Terms of Use may be changed by Charanga at any time in its sole discretion by posting the changes made to these Terms of Use, as revised, on this website. The posted changes will take effect immediately upon publication, unless expressly stated otherwise. You agree that your continued use of the MusicFirst Elementary website, application, or service after publication of any and all changes to these Terms of Use shall constitute your acceptance of such Terms of Use.

If you do not agree to these Terms of Use, our Privacy Policy, or any other policy governing your access to or use of our service, you should immediately terminate your access to and use of the MusicFirst Elementary service. If you have any questions regarding these terms or your access to or use of this service, please contact Support at support@musicfirst.com.

PRIVACY

We respect the privacy of our users and encourage you to read our Privacy Policy so that you may make an informed decision regarding your use of our website.

USE BY MINORS
Children under the age of eighteen (18) years old are not eligible to use the MusicFirst Elementary service without acess and the consent and supervision of an educator. We request that minors not submit any personal information to us in an attempt to register. Use of the site can only be with a login provided by the teacher and the permission and guidance of their parents or guardians as required by State and Federal law. If you attempt to access our site or register without the requisite permission Charanga reserves the right to terminate all future access.

REGISTRATION OBLIGATIONS

Use of the MusicFirst Elementary service is via a User ID and password and is open to all eligible students, teachers, and administrators. You hereby warrant and represent that any personal and/or identifying information provided during registration is true and correct. You may not (i) select or use as a User ID the name of another person with the intent of impersonating that person, (ii) use as a User ID a name subject to any rights of a person or entity other than yourself without the appropriate authorization, or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene, as defined by Charanga and determined in its sole discretion without the requirement of explanation.Charanga reserves the right to refuse and/or cancel the registration of any user based upon its sole discretion and without the need for explanation. You shall be responsible for maintaining the confidentiality of your MusicFirst Elementary password and account information. By registering with the site, you represent and warrant that you are at least eighteen (18) years old or you have been provided with a User ID and password from your educator.

USER CONDUCT

You agree to use MusicFirst Elementary only for lawful purposes and in compliance with these Terms of Use. You are prohibited from posting on or transmitting through MusicFirst Elementary any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind that infringes the intellectual property rights of or is otherwise injurious to third parties, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Similarly, all users are prohibited from posting, reproducing, or otherwise requesting or disseminating personally identifiable or contact information of minors, including, but not limited to, email addresses.

Charanga respects the intellectual property of others, and we ask our registered subscribers to do the same. Charanga may, in appropriate circumstances and at its discretion, terminate the accounts of registered subscribers who infringe the intellectual property rights of others.

USER CONTENT

You agree that you are solely responsible for the content or information you publish or display (hereinafter, “post”) on MusicFirst Elementary. You will not post any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy or publicity). You will use MusicFirst Elementary in a manner consistent with any and all applicable laws and regulations. By posting information on MusicFirst Elementary, you warrant and represent that the information is truthful and accurate.

You will not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights and except as otherwise permitted by law.

By creating and/or uploading content to MusicFirst Elementary, you warrant and represent that you own all rights to the content or have acquired the necessary license(s). By submitting, posting, or displaying content on MusicFirst Elementary, you give Charanga a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content, which you submit, post, or display on or through, the website. You agree that this license includes a right for Charanga to make such content available to other companies, organizations or individuals with whom Charanga has relationships or to use the same in marketing and advertisements. If you upload content for general distribution, such as by sharing a lesson plan, the license you grant hereby includes the right of subsequent users to make use of that plan. You confirm and warrant to Charanga that you have all the rights, powers, and authority necessary to grant the above license.

COPYRIGHT

Unless otherwise indicated, all website materials, including, without limitation, the MusicFirst Elementary and Charanga logos, and all designs, text graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of Charanga or its licensors, or reproduced and displayed pursuant to a license granted by a user who uploaded the same. You may electronically copy and print to hard copy portions of this website for the sole purpose of using materials it contains for informational and non-commercial use. Reproduction for purposes other than described above, modification, replication, display or performance – without the prior written permission of Charanga is strictly prohibited.

TRADEMARKS

www.musicfirstelementary.com, the MusicFirst Elementary logo, Charanga logo, and any proprietary product or service names contained on this website are either trademarks or registered trademarks of Charanga or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Charanga. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Charanga, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Charanga. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

CONTENT REVIEW

Charanga may elect to electronically monitor areas of this service and may disclose any content, records, or electronic communications of any kind to satisfy any law, regulation, or government request, if such disclosure is necessary or appropriate to operate this website, or to protect the rights or property of Charanga, its independent contractors, service providers, consultants, sponsors, licensors, or the public. Charanga retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to users, Charanga, or the rights of any third party, or to violate any applicable law.

COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act of 1998, Charanga will respond expeditiously to claims of copyright infringement committed using this website. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by contacting Charanga via email to: copyright@musicfirst.com (please include DMCA Infringement Notification Dept. in the subject line). Include in your email the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
a description of the copyrighted work or other intellectual property that you claim has been infringed;
the direct link of the image in question (the direct link is found underneath the picture, in the form of a URL;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the poster of the affected content. If you feel that your material does not constitute infringement, you may provide Charanga with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at copyright@musicfirst.com that sets forth all the necessary information required by the DMCA. Please not that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.

LINKING TO MUSICFIRST ELEMENTARY

You are hereby granted a limited, non-exclusive right to create a hyperlink to this website provided such link does not portray Charanga, MusicFirst Elementary, or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame, or utilize framing techniques to enclose any MusicFirst Elementary and Charanga trademark, logo, or other proprietary information, including the images found at this website, the content of any text, or the layout/design of any page or form contained on a page without Charanga’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a MusicFirst Elementary or Charanga name, trademark, or product name without Charanga’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppels, or otherwise in or under any patent, trademark, trademark, copyright, or proprietary right of Charanga or any third party. Charanga makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites linking to this website.

INDEMNITY

You will defend, indemnify, and hold harmless Charanga, 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 MusicFirst Elementary, including, but not limited to, any breach by you of these Terms of Use.

DISCLAIMER

THIS WEBSITE AND THE MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CHARANGA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CHARANGA DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT CHARANGA PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. CHARANGA DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

POSTED CONTENT

Content posted by subscribers of MusicFirst Elementary, including, but not limited to, lesson plans, lesson materials, assignments, Schemes of Work, units, assessments, evaluations and links is posted without review by Charanga maintains no responsibility to review such content before it is posted to this website. The MusicFirst Elementary service and any and all user-generated content may include material or content that some users may find offensive or inappropriate and Charanga makes no representation or warranty of any kind as to the decency or appropriateness of any and all material contained in or access through this website.

POSTED LINKS AND EMBEDDED FILES

Charanga and MusicFirst Elementary or its users may provide links to webpages and content of third parties (“Third-Party Content”) as a service to those interested in this information. Charanga does not monitor, nor does it have any control over any Third-Party Content. Charanga does not endorse or accept any Third-Party Content and can make no guarantee as to its accuracy or completeness. Charanga makes no representations or warranties of any kind regarding such Third-Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third-Party Content. When leaving MusicFirst Elementary, you should be aware that Charanga’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CHARANGA OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, CONTENT THIRD PARTIES OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM CHARANGA, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OF ANY FAILURE OR PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CHARANGA’S RECORDS, PROGRAMS, OR SERVICES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHARANGA (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF CHARANGA EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CHARANGA FOR ACCESS TO OR USE OF THIS WEBSITE.

SEVERABILITY AND NON-WAIVER

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provision. The failure of Charanga to insist upon or enforce strict performance of any of the provisions of these Terms of Use, or to exercise any rights or remedies under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of Charanga’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

APPLICABLE LAW

The laws of the State of New York will govern and construe these Terms of Use without giving effect to any conflict of laws provision to the contrary. By use of this website, you irrevocably consent for any reason and all disputes with Charanga to exclusive jurisdiction of the courts located within the State of New York to resolve any such legal matter. Notwithstanding this, you agree that Charanga shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

ARBITRATION

Notwithstanding the preceding provision, but without limiting Charanga’s right to seek injunctive or other equitable relief in any court of competent jurisdiction, any disputes arising with respect to this agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, who shall jointly select a third arbitrator to resolve the dispute. The written decision of the arbitrator shall be final, confidential, and binding on the parties. The arbitration proceeding shall be carried on and heard in New York using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under these Terms or Use, the prevailing party will be entitled to recover costs and attorneys’ fees.

ASSIGNMENT

This Agreement is not transferable. Any assignment, transfer, or sale of this Agreement or any right to interest herein, without prior written consent shall not be binding upon the parties.

NO AGENCY OR JOINT VENTURE

Nothing contained herein shall be construed to create the relationship of employer and employee or to create a partnership or joint venture between Charanga and any of its users.

FORCE MAJEURE

Charanga will not be liable for any delay in service of its website resulting from any cause beyond its reasonable control or caused by acts of God, acts of civil or military authorities, priorities, fires, strikes, floods, epidemics, governmental rules or regulations, war, riot, delays in transportation or shortages.

TERMINATION

Notwithstanding any of these Terms of Use, Charanga reserves the right, without notice, and in its sole discretion, to terminate a user’s use of this service and to block or prevent future access to and use of this service.

SURVIVAL

All provisions of this Terms of Use, which, by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranties and disclaimers, indemnity, and limitation of liability.

MERGER

This Agreement constitutes the entire Agreement between the user and Charanga concerning the use of this service, and cancels and supersedes any prior understandings and agreements between the parties hereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, expressed, implied or statutory, between the parties other than as expressly set forth in this Agreement.

REFUND POLICY (effective January 1st, 2021)

If the customer wishes to refund the entire subscription,Charanga will evaluate each request on a case-by-case basis and will need to seek approval from supervisors before confirming with customers. Charanga reserves the right to decline a request for a refund. Charanga cannot offer refunds for unused licenses, if issues arise that are not communicated to the support team (support@musicfirst.com), or when the product does not have features/functions the customer expected but didn’t evaluate during their trial period. Refund requests must go to Charanga Support or an Education Manager within 30 days of the order being placed.

QUESTIONS AND CONTACT INFORMATION

General questions or comments about Charanga’s service may be directed to Support at support@musicfirst.com.