TERMS OF USE

These Terms of Use set forth the terms and restrictions regarding the use of the Come Children Sing (“CCS”) Web site, www.comechildrensing.com (“CCS.com”), by you, a user of CCS.com. By using CCS.com in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use. These Terms of Use apply only to your use of CCS.com and do not change or alter any other agreement between you and CCS.

CCS reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. You should visit this page periodically to review the current Terms of Use.

Your continued use of CCS.com following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

If at anytime you do not agree with these Terms of Use, your sole recourse is to not use, or stop using CCS.com.

Privacy Policy

CCS is concerned about your privacy and has developed a policy to address privacy concerns. Please see our Privacy Policy regarding the collection and use of your information. By using CCS.com, you are consenting to the processing of your data by CCS and consenting to the terms of our Privacy Policy.

Children's Online Privacy Protection

The CCS.com Web site is not intended to be a website or service directed to children under the terms of the Children's Online Privacy Protection Act of 1998. Children under the age of thirteen (13) are not permitted to register on the CCS.com Web site and may not supply any identifying information through the Web site. The CCS.com Web site is intended to be used by the parents or legal guardians of children. Only a parent or legal guardian of a child is permitted to register or to obtain products or services through CCS.com. CCS.com does gather identifying information of children during the registration process and may solicit photographs or other identifying information. Identifying information of any children shall be given the same privacy protection as that given to the identifying information of the parent or guardian that supplies such information as provided in these Terms and Conditions and the Privacy Policy.

Copyrights and Trademarks

Copyright 2006, Mary Ellen Pinzino, All rights reserved worldwide.

Come Children Sing and the “little guy” logo are trademarks of Mary Ellen Pinzino.

CCS may have, from time to time, other registered trademarks. Marks and trade names not owned by Mary Ellen Pinzino and mentioned on CCS.com are the property of their respective owners.

All information, materials and music materials on CCS.com, except noted third party materials, are the copyrighted work of Mary Ellen Pinzino and are protected under United States and worldwide copyright laws and treaty provisions. You may download, view, copy and print documents (such as, instructions, blog entries, product descriptions and FAQs) and you may download to, play on, and store sound files on personal audio devices or equipment from CCS.com subject to the following:

* any such use is solely for informational, non-commercial use,
* you may not modify or revise documents in any manner,
* you must keep and plainly display on all print materials all copyright and other proprietary notices, in the same form and manner as on the original,
* you must display on all print materials a statement that the materials are used solely with permission of CCS.

Your use of documents specified above does not include the layout or design of CCS.com or the logos, graphics, sounds (except as expressly permitted) or images on this web site. CCS reserves the right to revoke its authorization at any time, and your use shall be discontinued immediately upon notice from CCS without any refund of any fee or subscription previously paid. If you want to use the documents referenced above or any other content of CCS.com in a manner that is not allowed in these Terms of Use, you must receive CCS’s prior written consent. To seek such consent, please contact us at info@comechildrensing.com.

Use of CCS Music Materials

The CCS music materials (audio files) and accompanying documentation available to listen to and download from CCS.com are the copyrighted work of Mary Ellen Pinzino. Any use of the music materials and accompanying documentation is subject to the terms of these Terms of Use. Your use of the materials constitutes consent to the provisions of these Terms of Use. Provided you have paid any required subscription fee, you may stream, listen to and download the music materials to a personal computer and to a personal music player, such as an iPod or other such device, or any other personal sound system, provided such downloading and copying shall for your personal use as a subscriber of CCS.com. None of the musical materials shall be copied or distributed to any third party, or used for any commercial purpose. All rights, title and interest not expressly granted are reserved. THE CCS MUSIC MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Prohibited Use and Communications

CCS prohibits any unsolicited or bulk e-mail transmission to be sent, or caused to be sent, over the Internet, to any CCS.com e-mail address. You may not harvest or collect e-mail addresses from CCS.com for the purpose of sending unsolicited or bulk e-mail.

CCS prohibits any e-mail transmission to be sent, or caused to be sent, to any CCS.com e-mail address if the e-mail is intended to, or appears intended to, harass, embarrass, threaten, defame or impersonate any person, or if the e-mail is pornographic, offensive, indecent, discriminatory or offensive on the basis of sex, color, national origin, race, age, religion, sexual orientation or disability. CCS prohibits any e-mail transmission to be sent, or caused to be sent, to any CCS.com e-mail address that makes use of a forged header or deceptive addressing, or which attempts in any manner to disguise the source of the e-mail.

You may not use CCS.com or its contents in any way that could overburden, impair, disable or damage any CCS server, or the networks connected to any CCS server. You are prohibited from using CCS.com or its contents to interfere with any other party's use of CCS.com or any of CCS’s products and services. You may not attempt to gain unauthorized access (through hacking, brute force, password mining or any other means) to any services, accounts, computer systems, or networks connected to any CCS server or to any of CCS’s products or services. You may not obtain or attempt to obtain any materials or information that has not been made intentionally available by CCS on CCS.com.

You agree that CCS may, in its sole discretion and at any time, terminate your access to CCS.com and any account(s) you may have in connection with CCS.com. Access to CCS.com may be monitored by CCS.

Links to CCS.com

CCS appreciates your interest in linking your web site to CCS.com. If you link your web site to CCS.com you agree to the following terms:

* Links. You may include active links on web sites you control to direct a browser to CCS's current “page” at “http://www.comechildrensing.com”. However, you may not include web site links to any other page maintained on CCS.com unless you have received prior written permission of Mary Ellen Pinzino or her designee, or unless your linking site is an Internet search engine.

* Framing. You may not “frame” or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content displayed on CCS.com.

* Modify/Replicate. You may not alter or modify CCS.com content or “cut
and paste” or otherwise reproduce “CCS.com” content on the web site
that links to CCS.com.

* Misrepresentation. You must not misrepresent your relationship with CCS or imply that CCS is endorsing or sponsoring you or your web site.

* Mislead. You must not present false, misleading or defamatory information about CCS, its products or services.

* Content. The content on your site must be lawful and must not contain libelous, defamatory, obscene or pornographic material.

* Risk. CCS makes no representations or warranties regarding the CCS web site, which is provided “as is.” You link to CCS.com at your own risk. CCS is under no obligation to maintain CCS.com, provide or update CCS.com content or otherwise support your link to the CCS web site.

* Termination. CCS may revoke this authorization at any time for any reason.

* Links to Other Web Sites

CCS.com may contain links to other web sites solely as a convenience to persons who visit CCS.com. CCS makes no representations about web sites linked to CCS.com. The inclusion of any such link on CCS.com does not imply that CCS endorses, recommends or accepts any responsibility for such sites, their content, products, services or companies. In addition, CCS is not responsible for the practices of those sites, even though CCS's name or logo may appear on those sites. We encourage you to read the terms of use and privacy policies of any web site that you visit, including those linked to CCS.com as their terms and policies may differ from ours.

No Endorsements

CCS.com may reference or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services but is merely for informational purposes. CCS makes no representation or warranties of any kind, express or implied regarding any referenced or mentioned company, its products, services or information.

Submissions

CCS does not want to receive confidential or proprietary information from you through its web site, except as specifically requested on a CCS.com Web page or form. Please note that any other information or material sent to CCS will NOT be treated as confidential. If you submit information or materials to us (including but not limited to, ideas, know-how, concepts, techniques, feedback, data, questions, comments, suggestions, strategies, artwork, statistics, graphs, processes, plans, freeware, scripts, code, or vulnerabilities), you grant CCS an unrestricted, perpetual, irrevocable, royalty free, worldwide, transferable and sublicensable license to use in any way for any commercial or non-commercial purpose, including without limitation the right to: reproduce, copy, display (publicly or otherwise), perform(publicly or otherwise), modify, transmit, distribute, edit, reformat, translate, and make derivative works from those materials or information. You also grant CCS the right to use your name in connection with the submitted materials and information as well as in connection with all advertising, marketing and promotional material related thereto. You understand that you will not be compensated for any such use. You agree that you shall have no recourse against CCS for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

No Warranty

THIS WEB SITE, ITS CONTENTS AND ANY MUSIC MATERIALS (COLLECTIVELY, THE “WEB SITE”) PROVIDED HEREIN IS PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY LAW, CCS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CCS DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE CCS WEB SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEB SITE WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, CCS DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION OF THIS WEB SITE (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INTERRUPTIONS OF SERVICE OR DELAYS IN OPERATION OR TRANSMISSION), EVEN IF CCS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Availability

CCS may change the products, services, prices, and programs mentioned on CCS.com at any time without notice. Additionally, all products and services referred to on CCS.com are subject to availability and qualifications. Terms, conditions, and exclusions not described on this web site may apply. CCS.com can be accessed from countries around the world and may contain references to products, services and programs that have not been announced in your country. These references do not imply that CCS intends to announce such products, services or programs in your country.

Jurisdictional Statement

This web site is controlled, operated and intended for use only in the United States of America. We do not represent that materials on CCS.com are appropriate or made available for use outside of the United States of America.

Governing Law

These Terms of Use and all matters relating to your access to, or use of CCS.com shall be governed by the laws of the State of Illinois. You agree that any legal action or proceeding between CCS and you for any purpose concerning these Terms of Use or CCS.com shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Illinois. Any cause of action or claim you may have with respect to these Terms of Use or CCS.com must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.

No Waiver

CCS reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for violation of these Terms of Use. CCS’s failure to enforce these Terms of Use in every instance in which it might have application does not amount to a waiver of CCS‘s rights.

Severability

If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.

Last updated: 4/1/2006