Effective Date: 5/1/2020
Welcome to SingersCompany.com (“Website”). This Website is owned by Singers Company, LLC (“Singers Company” and “We” or “Our”).
The ideas, methods, approaches, and suggestions (“Suggested Methods”) provided via the Website are suggestions only. By using the Website and allowing your child to use the Website you understand that we are not responsible for the actions of your child or others in using the Suggested Methods and use of the Website is your own. You further understand and acknowledge that your and your child’s use of the Website and participation in use of the Suggested Methods is voluntary and done at your own choosing and without coercion by Singers Company or its affiliates.
Table of Contents with Hyperlink to Sections
Privacy of Your Information
Intellectual Property Rights
Permissions Given to Us
Registration of Account
Disclaimer of Warranty
Limitation of Liability
Termination of Usage
Resolution of Disputes
2. Usage Restrictions
We grant you and your child a personal, non-exclusive, non-transferable license only to access the Website and to use the information and services contained here. No right, title or interest in any materials or content, whether downloaded or not, is transferred to you or your child as a result of any use. Singers Company reserves complete title and full intellectual property and other rights in any content on the Website, including without limitation materials copied from the Website. No joint venture, partnership, employment or agency relationship exists between Singers Company and you as a result of these Terms or your use of the Website.
Any commercial use of the Website is strictly prohibited, except as expressly allowed herein or as otherwise provided by Singers Company. If you make use of the Website, other than as provided herein, in doing so you may violate copyright, trademark and other laws of the United States, other countries, as well as applicable state laws and you may be subject to liability for such unauthorized use
You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of this Website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of this Website or any of its content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through this Website. You may not attempt to gain unauthorized access to any portion or feature of this Website, or any other systems or networks connected to this Website or to any of our servers, or to any of the services offered on or through this Website by hacking, password “mining,” or any other illegitimate or illegal means. You may not probe, scan, or test the vulnerability of this Website or any network connected to this Website, nor breach the security or authentication measures on this Website or any network connected to this Website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any transaction being conducted on this Website, or with any other person’s use of this Website. We reserve the right to bar any such activity.
You may not use this Website or any of its content for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
We cannot and do not guarantee or warrant that files made available for downloading through this Website will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. By accessing this Website, you acknowledge and agree that it is your responsibility to implement sufficient safeguards and procedures to ensure that any files obtained through this Website are free from such contamination.
3. Privacy of Your Information
4. Intellectual Property Rights
All of the content you see on this Website, including, but not limited to, page headers, images, illustrations, graphics, audio, video, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Singers Company, one of its affiliates or by third parties who have licensed their materials to Singers Company. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website contents without our prior express written consent. We provide the content of the Website for lawful purposes only.
5. International Use
Given the global nature of the Internet, you agree to comply with all local rules and regulations, including without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws and regulations regarding the transmission of technical data exported from the Unites Sates or the country in which you reside.
6. Permissions Given to Us
License to Us: In order for us to provide the Website and Our services we need you to give us certain legal permissions (a ‘license’) to use this content. This is solely for the purposes of providing and improving our products and services offered through this Website. This license will end when the content is deleted from our systems.
Content Created or Shared: Some content that you or your child shares or uploads may be protected by intellectual property laws. Your child owns the intellectual property rights in any content they create and nothing in these Terms takes away the rights your child has to their own content. However, by submitting any content protected by intellectual property rights, you, on your child’s behalf, grant Us a non-exclusive, transferable, and sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of the content (consistent with any specific permissions you may provide in relation to the content).
Submissions and Comments: All comments feedback, suggestions, ideas and other submissions disclosed, submitted or offered to us on or by the Website or otherwise disclosed, submitted or offered through the Website or to Us (collectively “Comments”) constitutes an assignment to Us and shall be and remain Our property, which Singers Company may use for any purpose and without compensation, including for commercial purposes. You and your child are prohibited from using unlawful, obscene, profane, threatening, etc. language or content in any Comment. You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy or other personal or property right(s). You are and will remain solely responsible for your Comments and their content.
Deleting an Account: When you delete your child’s account, it is no longer visible to other users; however, content from the account may continue to exist elsewhere on our systems where:
Immediate deletion is not possible due to technical limitations;
Your child’s content has been used by others in accordance with this license and they have not deleted it, in which case the license continues until the content is deleted;
Your child sent messages and content to others;
Where immediate deletion would restrict our ability to: (1) investigate or identify illegal activity or violations of our terms and policies; (2) comply with a legal obligation such as the preservation of evidence; or (3) comply with a request of a judicial or administrative authority, law enforcement or a government agency. In the case of any of the above content will be retained for no longer than is necessary for the purposes for which it has been retained. The exact duration will vary on a case-by-case basis.
7. Safety; Assumption of Risk
While we cannot guarantee it, the safety is front and center at our efforts with this Website. We also need your help and as such, you agree, on behalf of yourself and your child, that you and your child will use the Website in accordance with these Terms and further agree that neither you nor your child will:
Bully, intimidate, or harass other people.
Post content that is hate speech, threatening, pornographic, incites violence, or contains nudity, or graphic or gratuitous violence.
Use this Website or its content to do anything unlawful, misleading, malicious, or discriminatory.
Post unauthorized commercial communications (such as spam).
Engage in multi-level marketing.
Upload viruses or other malicious code.
Solicit information or access an account belonging to anyone other than yourself or your child.
Develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements).
Do anything that could disable, overburden, or impair the proper working or appearance of the Website.
Facilitate or encourage any violation of these Terms or Our policies.
Through your or your child’s use of the Website, you understand that you are assuming all risks. You acknowledge, understand, and accept that as part of your child’s use of the Website and Suggested Methods, there may be risks to which your child may be exposed, and that no warranties or representations are made as to the Suggested Methods. You understand that individual results may vary and there are no promised outcomes.
8. Registration of Account
When registering for an account or providing information you agree on behalf of yourself and your child that:
You and your child will not post content or take any action on the Website that infringes or violates someone else’s rights or otherwise violates the law.
We can remove any content or information that you or your child provides that violates these Terms or Our policies.
We can revoke access of any user (without a refund) if that user has violated Our Terms or Our policies.
Your child will not request, collect, or post anyone’s private information whatsoever.
We want the Website to be a place where children feel welcome and safe to express themselves and share their thoughts and ideas. To this extent if we determine that you or your child have clearly, seriously, or repeatedly breached Our Terms or policies, We may take action against your child’s account to protect our community and services, including by suspending access to your child’s account or disabling it. We may also suspend or disable your child’s account if you or your child clearly, seriously, or repeatedly infringe the copyrights or other intellectual property rights of others or where we are required to do so for legal or regulatory reasons. If you delete or if we disable your child’s account, these Terms shall terminate as an agreement between you, on your child’s behalf, and us, but the following provisions will remain in place: Sections 4, 6, 10-14, and 16.
All sales on this Website are final. Returns or exchanges are not accepted.
10. Disclaimer of Warranty
While we work hard to provide the best products and services we can and to provide clear guidelines, Our products and services are provided “AS-IS” and we make no guarantees that they will always be safe, secure, or error-free, or that they will function without disruptions, delays or imperfections. To the degree permitted by law, WE make no representations or warranties of any kind, express, implied, or statutory as to the operation of this Website or the information, content, materials, or products included on this Website. we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. without limiting the foregoing, we do not represent or warrant that this website will be accessible without interruption or that this website, any content from this website, emails sent or generated from this website, or the server that makes this website available are free from viruses, errors, defects, design flaws, omissions or other harmful components. your use of this website is at your own risk.
11. Limitation of Liability
We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectional content).
In no event will Singers Company, its corporate parent(s), or affiliates, nor any of its and their respective officers, directors, members, managers, employees, agents, successors or assigns be liable, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, to you or any other person for any damages of any kind (including without limitation, any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties), arising out of or in connection with any use of, the inability to use, or the results of use of this Website.
We cannot predict when issue might arise with the Website or our services or products. Accordingly, our liability will be limited to the fullest extent permitted by applicable law, and under no circumstances will be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms of the Website, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating these Terms or the Website will not exceed the greater of $100.00 or the amount you have paid Us in the last 12 months.
Certain state laws and jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. In no event will be liable or responsible for any errors or omissions in the content of this website, including without limitation, errors in pricing or availability of services and products, or damages that may result form misrepresentation of age by a user of this website.
You agree to defend, indemnify and hold harmless Singers Company and its parent(s) and affiliates, and each of their respective officers, directors, members, managers, shareholders, employees, agents, successors, licensors, suppliers, or assigns from and against any and all losses, claims, damages, costs and expenses, including attorneys’ fees, arising from or related to: (a) your or your child’s use of the Website, including without limitation, your or your child’s use of the Suggested Methods; (b) your or your child’s violation of these Terms of Us including negligent or wrongful conduct; or (c) your or your child’s posting or transmission of any materials on or through the Website. You understand and agree that we are not responsible for the conduct, whether online or offline, of any user on or account holder with the Website. Your use and your child’s use of the Website including the Suggested Methods is
13. Termination of Usage
You agree that Singers Company in its sole discretion and without prior notice may terminate your access, suspend your access to all or part of the Website, and/or block your future access to this Website if We determine, in Our sole discretion, you have violated the Terms or other agreement or guidelines which may be associated with your use. Such termination or suspension of access may occur, without limitation, for any conduct that We, in our sole discretion, believe is a violation of these Terms, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, Singers Company, or its corporate parent(s) or affiliates.
You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we have at law or in equity.
You agree that we, in our sole discretion and without prior notice, may terminate your access to this Website for cause, which includes: (1) requests by law enforcement or other government agencies; (2) a request by you or your child (self-initiated account deletions); (3) discontinuance or material modification of this Website or any service offered on or through this Website; or (4) unexpected technical issues or problems.
14. Resolution of Disputes
Applicable and Governing Law. The validity, enforcement, construction, rights and liabilities of the parties and the provisions of these Terms shall be governed and interpreted in accordance with the laws of the State of Utah. In the event of litigation, all parties consent to jurisdiction of the courts of record in the State of Utah and you expressly agree that proper jurisdiction and venue shall be in the state or federal courts of Salt Lake County, State of Utah. These Terms constitute a transaction made in interstate commerce and is governed by the United States Federal Arbitration Act, 9 U.S. C. § 1, et seq. The FAA’s provision, not state law, govern all questions of whether a dispute is subject to arbitration.
Resolution of any Dispute. In the event a dispute arises between you and us, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling or emailing our customer care department, which may be accessed by clicking on the “Contact Us” link on the side menu and you are required to attempt to first resolve your claim or dispute via our customer service line and procedures. If, however, there is an issue that is not resolved via our regular customer service procedure, the following terms describe how both of us will proceed.
Limitation on Legal Remedies. Instead of suing in court, you and we each agree that we will only seek arbitration of the disputes on a bilateral (individual) basis. In other words, you agree that litigation is not an option to resolve a dispute with us. You and we agree that any dispute, controversy, or claim arising out of your use of this Website or its content (“Claims”) which cannot be settled by mutual agreement of the parties shall be resolved through binding arbitration with a single arbitrator.
This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. The arbitrator will have the power and jurisdiction to decide such controversy or dispute solely in accordance with the express provisions of these Terms. The arbitrator’s decision and any award or relief granted will be final and binding, with certain exceptions under the Federal Arbitration Act, 9 U.S.C. §1, et seq., and judgment on the award may be entered in any court with jurisdiction. Any legal action or arbitration proceeding brought or instituted with respect to any Claim must be brought or instituted within a period of one year from the date upon which a party discovered, or should have discovered, the facts giving rise to an alleged claim; provided that no claim may be brought more than two years after the first act or omission giving rise to an alleged claim
No Class Actions or Jury Trials. To the fullest extent permitted by law, all rights to trial by jury in any action or Claim, whether at law or in equity, brought by either party. Any Claim must be conducted and resolved on an individual basis only and not on a class-wide, multiple plaintiff or similar basis between you and us and will not be consolidated with any other arbitration or court proceeding involving us and any other party.
Arbitration Procedure. A party who seeks arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. Notice to Singers Company must be sent by mail to the physical address below and made to the attention of the legal department. Notice to you will be sent to the email or physical address you have provided.
Upon receipt of such notice, the other party will have sixty days in which it may satisfy the Claim by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of the sixty-day cure period without a resolution or cure, you or we may commence an arbitration proceeding.
Any Claim or dispute will be referred to the American Arbitration Association (“AAA”) in accordance with its commercial arbitration and consumer-related disputes rules in effect. These rules and procedures are available by calling the AAA or visiting its website at www.adr.org. All arbitration hearings will be conducted exclusively in Salt Lake City, Utah and may, upon the consent of all parties and the arbitrator may be conducted by telephone. Each party is responsible to pay the fees and costs of its own counsel, experts, and witnesses. For Claims in excess of $5,000 the prevailing party will be awarded attorneys’ fees and costs, including reimbursement of the prevailing party’s arbitration fee.
Each party agrees to limit discovery to the following limitations: each party may submit in writing to the other party a maximum of any combination (none of which may have subplots) of the following: interrogatories, demands to produce documents, and requests for admission; ach party is entitled to take the deposition of one individual of the other party. Additional discovery is only permitted upon mutual agreement by the parties.
Exception to Arbitration. Any claim or action for indemnification, contribution, interpleader, trademark infringement, or injunctive relief arising out of a Claim is not subject to arbitration.
15. Contact Us
To contact Singers Company with any questions or concerns in connection with these Terms or the Website, you can email, call, or write to us at the following:
Attn: Web Manager
Email: [email protected]
Physical Address: 1501 Corporate Drive Ste B-1 Ladera Ranch, CA 92694
VOID WHERE PROHIBITED: although the information on this Website is accessible worldwide, not all products or services discussed on the Website are available to all persons or in all geographic locations or jurisdictions. Singers Company and its advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction as they desire, and to limit the quantities of any products or services they provide, in their sole discretion.
The failure of Singers Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. We may assign our rights and duties under these Terms to any party at any time without notice to you.
If any provision or term of these Terms is found to be invalid, void, or for any reason unenforceable, that provision(s) or term(s) shall be deemed severed from these Terms and the remaining Terms shall be deemed valid and enforceable and in full force and effect. Any rights not expressly granted herein are reserved.
The Terms constitute the entire agreement between you and Us with respect to this Website. These Terms superseded all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding this Website. No modification of these Terms will be effective unless authorized by us.
You (on behalf of yourself and your child) will not transfer any rights or obligations under these Terms to anyone else without Our written consent.
Nothing in these terms will prevent Us from complying with the law or restrict Our rights under applicable law. You agree that you and your child will comply with all applicable laws when using or accessing the Website and its services and products.
© 2020, Singers Company, LLC. All rights reserved.