Terms of service

TERMS OF SERVICE

1. INTRODUCTION: This website, https://mamasingmysong.com, including its sub-domains and all websites, pages, and feeds therein (individually and collectively, the “Site”), as well as all materials, goods, and/or services provided via the Site, are offered, published, and maintained by Mama Sing My Song, Inc. (“Company”). Please read the following terms of service (“Terms”) fully and carefully before submitting any information to the Site or making any purchase. These Terms govern your use of the Site and your purchases from Company (“you”, “your”) and are a legally binding agreement between Company and you. You accept these Terms when you place an order, submit a song questionnaire, create or sign in to an account, apply to a Company program, or take a similar action after being shown a link to these Terms. If you are entering into these Terms on behalf of a company or other legal entity or individual, your acceptance represents that you have the authority to bind such third-party. If you do not agree with these Terms, please do not use the Site or buy from Company.

PLEASE NOTE: PARAGRAPHS 39 THROUGH 44 REQUIRE MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND WAIVE JURY TRIALS AND CLASS ACTIONS. YOU MAY OPT OUT WITHIN 30 DAYS AS EXPLAINED IN PARAGRAPH 42.

2. EFFECTIVE DATE: The Terms are effective as of and were last updated on November 9, 2026.

3. PRIVACY POLICY: Company’s privacy policy, a copy of which is available at https://mamasingmysong.com/policies/privacy-policy, is incorporated into these Terms by reference. The privacy policy explains how Company collects, uses, and shares personal information. Company’s own order and song systems are hosted in the United States. Company’s service providers, such as those that run the store, payments, email, text messages, and the Site assistant, may process personal information in the United States or other countries. If you reside outside the United States, you understand that your personal information may be transferred to, stored, and processed in the United States and other countries.

4. YOUR AGE AND CHILDREN’S INFORMATION: You must be at least 18 years old to place an order, submit a song questionnaire, or create an account. If you are under 18, you may browse the Site or listen to a song shared with you only with the consent of your parent or legal guardian, who is responsible for your activity on the Site. Company’s songs and products are made for children, but the Site itself is intended for adults and is not directed to children.

Company writes its songs from information that an adult provides about a child, such as the child’s name, age, birthday, personality, and family details. When you provide that information, you confirm that you are the child’s parent or legal guardian or have the permission of the child’s parent or legal guardian. Company does not knowingly collect personal information directly from children under 13. If Company learns that it has collected personal information directly from a child under 13, or information about a minor from someone without authority to provide it, Company will take steps to delete that information as soon as commercially reasonably possible. Please see https://mamasingmysong.com/policies/privacy-policy for additional information and direct any inquiries to info@mamasingmysong.com.

5. ACCOUNTS: You do not need an account (“Account”) to place an order. You can check out as a guest and later sign in with the same email address to listen to, approve, and track your songs. Company’s store sign-in is provided through Company’s e-commerce platform, and Company may change how sign-in works at any time. You agree that all information you submit when you order or sign in, or add to your Account afterward, shall be accurate and truthful and you agree to keep it up to date. Please review Company’s privacy policy, see https://mamasingmysong.com/policies/privacy-policy, to learn more about the information Company collects.

You acknowledge that your Account is unique and personal to you and you are responsible for maintaining the security of, and restricting access to, your account and its login details. You agree to accept responsibility for all purchases and other activities that occur under your Account. You are solely responsible for ensuring that all persons who access the Site via your Account are familiar with these Terms and that they will comply with them. You agree not to attempt to access your account by any means other than the interface Company specifically provides. You agree not to attempt to access your Account through automated means. If you know or suspect that anyone other than you has your login details or there has been a different breach of security in your Account, you must promptly notify Company at info@mamasingmysong.com.

You may ask Company to delete your Account by emailing info@mamasingmysong.com. Please download your songs first, because you may lose access to them and to all or part of the Site once your Account is deleted. Please see Company’s privacy policy for additional information regarding how Company handles personal information, https://mamasingmysong.com/policies/privacy-policy. Company may disable, suspend, or terminate your Account if you fail to comply with these Terms or to protect the Site, Company, or others, and may do so without prior notice where reasonably necessary. Company will not use this right to avoid delivering a paid order, unless the order is fraudulent or breaks these Terms.

6. COMPANY’S INTELLECTUAL PROPERTY: As between you and Company, all right, title, and interest in and to the Site and its contents, including all content, graphics, images, materials, text, song lyrics, musical works, videos, and source and object code, along with the selection, coordination, arrangement, and organization of the Site (individually and collectively, “Content”) is owned and/or controlled entirely by Company and protected under domestic and international copyright and other similar intellectual property laws. Company’s name, logo(s), and overall brand, including the trademark for Mama Sing My Song™ are protected under various domestic and international trademark laws. You are not authorized to use Company’s Content, copyrights, whether registered or unregistered, or trademarks without Company’s express written authorization. Please see paragraph 14 below regarding Company’s license to you to use certain musical works ordered by you via the Site.

7. CONTENT MODIFICATIONS: Company may add, change, discontinue, remove, or suspend any Content embodied on the Site, as well as the Site itself, at any time, without notice to you and without any liability. Company reserves the right, in Company’s sole discretion, to change how it operates the Site at any time for any reason whatsoever and to block, moderate, or remove Content at any time in Company’s sole discretion. Paragraph 15 explains how Company handles customer reviews.

8. PRODUCT TERMS: Company’s products for sale, including presently via Company’s merchandise page found at https://mamasingmysong.com/collections/all, are offered for sale as-available. Company may impose at any time quantity limits on any order, or reject all or part of an order, without prior notice. Company may change, discontinue, or remove products at any time, without notice to you and without any liability. You are not permitted to resell, export, or otherwise exploit Company’s products for commercial purposes without Company’s prior written consent in each instance. Additional information about our products can be found on our FAQ page, found at https://mamasingmysong.com/faq.

Physical products are currently shipped from Hendersonville, Tennessee and are available for shipment in most countries throughout the world. Digital songs, lyric art, and sheet music are delivered electronically and do not ship. Company will inform you about any shipping restrictions. International orders must include a phone number for the carrier.

International shipping costs more than domestic shipping, and you pay the shipping price shown at checkout. Company ships international orders Delivered Duty Paid: Company pays the import duties, taxes, and customs fees on your order, and they are not added to your checkout total. If a carrier or customs office asks you to pay any of these charges, please contact orders@mamasingmysong.com before paying so Company can resolve it. If you have already paid, send Company the receipt within 30 days and Company will reimburse you.

Upon submitting your payment information to Company and approving of an order of product, you authorize Company (and Company’s payment processors, please see Company’s privacy policy for additional information, available at https://mamasingmysong.com/policies/privacy-policy) to charge your debit card, credit card, or other available payment method (such as Shop Pay, Apple Pay, or Google Pay) for the total amount of each of your order(s) (including any required taxes and charges). If your payment method cannot be verified, is invalid, or is otherwise not acceptable or accepted, your order may be suspended or cancelled. It is solely your responsibility to resolve any problem regarding your payment method.

Unless otherwise indicated on a product page, all prices are shown in U.S. dollars and applicable taxes and other charges (such as shipping) are additional. Company reserves the right to adjust prices for products as Company determines at any time. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted to comply with applicable tax laws. Company will collect applicable sales tax on products shipped to jurisdictions for which Company believes Company has a duty to collect sales tax. However, from time to time, Company may opt to incur sales taxes charges as its own expense.

Unless otherwise agreed to by Company, which will be indicated during the payment checkout process, you agree to pay for any shipping and handling charges shown at the time you make an order. Company reserves the right to increase, decrease, add, or eliminate shipping and handling charges at any time without notice. Any shipping times shown on the Site are estimates only. Actual delivery dates will vary. Title to and the risk of loss of in regards to shipping passes to you upon Company’s delivery of the product to a common carrier. Please check all shipping addresses carefully, as Company shall not be liable for incorrect addresses, misplaced, lost, or stolen packages. Notwithstanding, if your package is lost or stolen, please reach out to Company at orders@mamasingmysong.com within 14 days of the expected delivery date and Company will determine if Company can assist you.

9. CUSTOM SONGS: Company’s custom songs are written and recorded by people, for the child or family you tell Company about. The following applies to custom songs:

i. Your answers. You may edit your questionnaire answers until two hours after checkout or until a songwriter is assigned, whichever is later. After payment, your tune, add-ons, and shipping choices cannot be changed this way. Please check names, spellings, and pronunciations carefully.

ii. Timing. Turnaround times shown on the Site are estimates counted from the date of payment, not guarantees. Expedited service shortens the estimate.

iii. Listening and revisions. When your song is ready, Company will ask you to listen and either approve it or request a change. Company asks you to respond within 48 hours so your order stays on schedule. Changes to lyrics and details, such as nicknames, favorite things, and pronunciations, are free, and Company will keep revising the lyrics until you are happy with them. A change of tune carries the fee shown when you request it, payable before work begins.

iv. Approval. Once you approve a song, Company moves on to the next step of your order, such as recording your Keepsake or shipping physical items. Changes after approval may carry a fee or may not be possible. A Keepsake order includes both the Acapella recording and the finished Keepsake recording.

v. Cancellations and refunds. Because each song is custom-made, a custom song cannot be returned or refunded for a change of mind once a songwriter has been assigned. If you need to cancel before then, contact orders@mamasingmysong.com and Company will cancel and refund the unstarted order. If Company cannot deliver your song, Company will refund what you paid for it. Nothing in these Terms removes a refund right that the law gives you.

vi. Classic Songs. Classic Songs are pre-written and pre-recorded, are not personalized, and are not eligible for revisions.

vii. Tips. Tips are optional, go to your songwriter, and are not refundable unless charged in error.

10. RETURNS, REPLACEMENTS, AND LIMITED WARRANTY: All orders and products sold are final and non-returnable, except as set out in this paragraph and paragraph 9, or as required by law.

Damaged or defective items. If a physical item arrives damaged, or a stuffed animal has a defect such as a seam hole, contact orders@mamasingmysong.com within thirty (30) days of the delivery date and Company will replace it at Company’s cost, including any return shipping. Exact replacements for stuffed animals cannot be guaranteed.

Limited warranty on sound modules. Company warrants that a sound module will play your song for one (1) year from the delivery date. If it does not, contact orders@mamasingmysong.com and Company will replace it at Company’s cost. This limited warranty does not cover a module that only needs recharging, or damage from misuse, water, or washing.

Company may request your proof of order. Please contact Company before sending anything back; only returns started by emailing orders@mamasingmysong.com will be accepted. These commitments give you specific legal rights, and you may also have other rights which vary from state to state. ANY IMPLIED WARRANTIES ON A PHYSICAL PRODUCT ARE LIMITED TO THE PERIOD STATED ABOVE FOR THAT PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.

11. PRODUCT SAFETY: Song Stuffies are recommended for ages 3 and up. Each contains a removable, rechargeable sound module. An adult should supervise young children during play, check the seams from time to time, remove the sound module before washing and to recharge it, and stop using any product that is damaged.

12. GIFTS: You may buy a song as a gift, and you may either fill in the questionnaire yourself or invite someone else to fill it in.

i. Permission. If you provide information about someone else’s child, you confirm that you have the permission of the child’s parent or legal guardian. If you invite someone else, you confirm that you have the right to give Company their name and email address so Company can contact them about the gift.

ii. Who decides. When you invite someone else, you decide which choices are theirs to make. Choices left to them are paid for at the price shown at checkout. The person you invite accepts these Terms when they use the invitation.

iii. Who controls the order. Depending on the options you choose, the person you name as the reviewer receives the order emails, approves the song, and requests changes, and the order may move to that person’s account. You may receive a view-only link to the finished song.

iv. Payment and rights. Any refund goes back to the original payment method. The rights in paragraph 14 extend to the gift recipient and the family of the child the song is about.

13. GRANT OF RIGHTS – USE OF SITE: Subject to your full compliance with the Terms, Company grants you a limited, non-exclusive, license and permission to access and use the Site for its intended purposes. You shall not copy, capture, reproduce, remove, transfer, modify, manipulate, create derivative works from or based upon, republish, transmit, distribute, or exploit any Content unless otherwise expressly permitted by these Terms, under Company’s direction or instruction, or as permitted by law. Without limiting the foregoing, you are not authorized to (i) resell, sublicense, transfer, assign, or distribute the Site or content; (ii) modify or make derivative works based upon the Site or Content; (iii) “frame” or “mirror” the Site or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Site for any purpose. Company reserves all rights in the Content. Upon termination of these Terms, all licenses and other rights granted by Company to you in these Terms will immediately cease (for the avoidance of doubt, all of your on-going obligations under these Terms shall survive). You agree that Company may terminate your access to the Site without prior notice.

14. GRANT OF RIGHTS – USE OF MUSIC: In the event that you order any of Company’s musical works, including any custom musical recording, your use of the musical work is subject to the licensing terms in this paragraph 14. Subject to your compliance with the Terms, Company grants you a limited license, with no end date, to use any Company created musical work provided to you, including via any of your orders, solely for personal, non-commercial use. This license also covers the child the song is about, their family, and the recipient of a gift.

What you may do. You may download and keep the musical work; play it on your own devices and players, such as a sound module, Yoto, or Toniebox; add it to your own music library as a local file, including in Spotify or Apple Music; share it with family and friends; post it on your personal social media channel(s) without monetizing it; use it in personal photo and video keepsakes; play or sing it at personal events where no admission is charged, such as a birthday party, baptism, or memorial service; and sing the song yourself and record your own voice singing it for these same personal uses, including on your sound module.

What you may not do. You shall have no right to commercially exploit any such musical work in any manner, including monetizing the musical work on any digital platform (such as YouTube), licensing the musical work in synchronization with any audio-visual work, selling physical copies or streaming copies via any digital service provider (this includes, without limitation, you may not print commercial physical records embodying the musical work, distribute the musical work to the public through Apple Music or Spotify, or sell the musical work via downloads on Amazon, etc.), or exploiting the lyrics by any means. Without limiting the foregoing, in the event that you monetize any musical work, including via YouTube, Company may claim any such use via the terms of such third party site, including YouTube’s ContentID system and Company may retain all amounts payable for the usage.

Ownership and Company’s use. Company owns all right, title, and interest in and to each musical work provided to you. Company’s tunes are used for many children’s songs, but Company will not reuse the personalized lyrics written for your child in a song for another customer. Company may use finished songs to train its team and maintain quality, and may feature them as samples on the Site and in its promotions. Company does not list a child’s name or a family’s contact details with a sample. If you would rather your song not be featured, email info@mamasingmysong.com and Company will stop featuring it.

15. USER SUBMISSIONS: You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of everything you submit to Company or the Site (“User Content”). User Content comes in two kinds, which Company treats differently.

Song information. This means your questionnaire answers, the messages you send the team about your order, and any details you share so Company can create your song. Company uses song information to create, deliver, and support your song and order, to train its team and maintain quality, to work with service providers who help it do those things, and to meet legal requirements. Company will not publish song information or use it in advertising without your permission. You grant Company a royalty-free, worldwide license to use song information for these purposes, including to create the musical work, which Company owns under paragraph 14.

Reviews and shared content. This means reviews, testimonials, photos, videos, and other materials you choose to send Company or post on the Site. You grant Company a non-exclusive, irrevocable, royalty-free, perpetual, sub-licensable, transferrable, and worldwide license to display, distribute, edit, publicly perform, publish, and reproduce this content in any media, including on the Site and in Company’s advertising and promotions, together with the name you provide with it. You confirm that you have permission from each person shown in it, including from the parent or legal guardian of any child. Company will ask for your permission before using a photo or video of a child in advertising, and will stop new uses of that photo or video if you ask it to. To the extent the law allows, you waive any provision of law known as “droit moral” or “moral rights” in this content.

Customer reviews. Company welcomes honest reviews, positive or negative, and nothing in these Terms stops you from posting an honest review anywhere. Company does not remove a review because it is negative. Company may remove or decline to show a review that is fake, unlawful, obscene, off-topic, or that reveals someone’s private information.

16. EMAILS AND TEXT MESSAGES: Company emails you about your order, and you cannot opt out of these order emails while an order is open.

Reminder and promotional emails. If you complete a questionnaire without paying, Company may send you reminder emails. If you sign up, Company may also send you promotional newsletters. You can unsubscribe from these using the link in each email or by emailing info@mamasingmysong.com. Company will take commercially reasonable steps to process your request promptly, but you may still receive messages for a brief time. Unsubscribing does not affect your order emails.

Text messages. If you choose text updates, Company will send automated text messages about your order to the number you provide, such as when your song is ready, when the team has a question, and when your order ships or is delivered. You confirm that the number is yours or that you have permission to use it. You do not have to agree to text messages to buy anything. Message frequency varies by order, and message and data rates may apply. Reply STOP to opt out or HELP for help, or email info@mamasingmysong.com. After opting out, you can turn text updates back on by replying START and updating your preferences in My Songs. Carriers are not liable for delayed or undelivered messages. Please see Company’s privacy policy for additional information, https://mamasingmysong.com/policies/privacy-policy.

17. SITE ASSISTANT: The chat assistant on the Site is an automated artificial intelligence tool, not a person. It can explain how things work, help you choose a product, check on an order for a signed-in customer, and pass your conversation to the team. It can make mistakes. These Terms, Company’s policies, and the product pages control over anything the assistant says, and the assistant cannot change a price, offer a refund or discount, or make promises on Company’s behalf. Company and its service providers store and process assistant conversations, so please do not enter card numbers, passwords, or other sensitive information. The assistant does not write Company’s songs, which are written and recorded by people.

18. THIRD PARTY CONTENT: The Site may contain information, links, or embedded material to third party content which Company may have not reviewed, including built-in dashboards to third party services. Company linking, embedding, or otherwise using such third-party content and services does not imply an advertisement or endorsement of any good, service, product, or otherwise provided by such third party. Company is not responsible for any third-party content linked or embedded to or from the Site and expressly disclaims, without limitation, any responsibility for any third-party content, the accuracy of any information found on any third-party website, social channel, or platform, or the quality of products of services provided by or advertised on such third-party website, social channel, or platform. Company urges all users of the Site, including you, to be responsible about the use of this Site and any third-party transaction entered into as a result of information gained on the Site or your interactions with others. Company is not a party to any such agreements between users and any part of an actual or potential transaction outside of Company are solely the responsibility of each user. Your use of any third-party content is at your own risk, and subject to the terms and conditions of such third-party’s website, social channel, platform, service, applications, product, or service. Company encourages you to review the terms and conditions and privacy policy of any third-party website, social channel, platform, service, or application that you visit and be aware that a third-party website, social channel, platform, service, or applications may collect your personal data and Company is not able to control any third party’s use of such technologies or how any third party manages the information gathered from such technologies. For more information, please see Company’s privacy policy found at https://mamasingmysong.com/policies/privacy-policy.

19. INFLUENCER PROGRAM: Company offers a program for creators, who apply at https://mamasingmysong.com/influencers. These program terms apply to every applicant and member. Company may approve or decline any application.

i. Codes and commission. An approved member receives a personal discount code and share link. The customer discount, commission percentage, and attribution window are given when you are approved or in your member portal, and Company may change them going forward. You earn commission on an order that uses your code, or that comes through your share link within the attribution window. Commission is calculated on the order subtotal after discounts and before shipping and taxes.

ii. No commission. You earn no commission on your own purchases or on purchases made to earn commission rather than to buy a song or product. Company may void any unpaid commission on an order that is refunded or cancelled, or that Company reasonably believes is fraudulent.

iii. Payment. Commission is paid on Company’s regular payroll schedule through its payment provider, once you complete that provider’s onboarding. You are an independent contractor and are responsible for your own taxes.

iv. Your promotions. You must clearly disclose that you earn a commission whenever you share your code or link, and you must follow applicable advertising laws, including the Federal Trade Commission’s endorsement rules. You may not make false or misleading claims about Company or its products. You may use Company’s name and materials only to promote Company while you are a member.

v. Ending membership. Either you or Company may end your membership at any time. Company may pause or remove your code when it does. Commission you earned before then remains payable unless it is voided under this paragraph.

20. SECURITY: As further set forth in Company’s privacy policy, available at https://mamasingmysong.com/policies/privacy-policy, Company is committed to protecting your privacy in accordance with applicable laws and regulations, including via encryption methods Company deems suitable. Notwithstanding the foregoing, no electronic or other transmission of information to Company can be guaranteed to be 100% safe and Company cannot and does not ensure or warrant the security of any information you transmit to Company. Nonetheless, Company believes the measures Company has implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. Please take care when sending information online. You are responsible for acquiring and maintaining technology and procedures for maintaining the security of your Internet connection.

21. FORCE MAJEURE. Without limiting any other provision herein, Company shall not be liable for damages of any kind, under any legal theory, arising out of or in connection with any claim for losses or injuries resulting from events beyond Company’s control, including for any delay or failure of delivery of access to the Site, including, acts of god, acts of civil or military authority, pandemics, the application of security or health-related regulations imposed by any governmental authority, fires, earthquakes, tornados, hurricanes, riots, wars, embargoes, Internet disruptions, hacker attacks, communications failures, work stoppages or other labor disputes.

22. REPRESENTATIONS AND WARRANTIES: You represent and warrant the following:

i. You accept and agree to abide by all of the terms and conditions contained herein and you represent and warrant that you are not, and will not be, under any legal restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all of the Terms. You acknowledge that you are at least 18 years of age and if under 18 years of age, you have, and will have at all times, have your parent or legal guardian’s consent in regards to your access and use of the Site. You represent that you will not impersonate any person or entity via the Site;

ii. Your access or use of the Site constitutes your acknowledgement and acceptance that your activities in regards to the Site are lawful in every jurisdiction where you access or use the Site. You agree to comply with all laws, rules, and regulations (federal, state, local, and provincial) applicable to your use of the Site and User Content;

iii. You agree that your use of the Site, including contributing User Content, will not violate any law, regulation, or right of any third-party, including any copyright, trademark, patent, trade secret, publicity, or privacy right. You expressly warrant and represent that you have all necessary licenses, rights, consents, and permissions to User Content, including if you provide any information about any minor to Company that you are that minor’s parent or legal guardian, or have other sufficient authorization from such minor’s parent or legal guardian. You agree you are not authorized to use the Site or Company’s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, violent, nude, partially nude, discriminatory, or pornographic material, or any other material which Company deems to be objectionable (in Company’s sole discretion). You are responsible for all content and information shared with the Site;

iv. You understand that Company may have, create, or have created materials and ideas which may be similar or identical to the themes, ideas, or other materials in User Content. You agree that this similarity alone does not give you a claim against Company.

v. You will not interfere with any third party’s use and enjoyment of the Site, including sending unsolicited emails or “spam” messages or contact any other visitor or user of the Site for any illicit purpose or who has requested not to be contacted. You understand it is strictly prohibited to post or transmit, directly or indirectly, any unlawful, threatening, defamatory, obscene, or infringing material or impersonate any persons while using the Site;

vi. You will not cause damage to the Site or impair the availability or accessibility of the Site in any way which is fraudulent, unlawful, illegal, or harmful, including modifying, adapting, bypassing, or hacking the Site to change, de-crypt, interrupt, destroy, or limit the functionality of Company’s, or its users’, software, hardware or telecommunications equipment, uploading, posting, hosting, transmitting any code or materials of a destructive nature, or attempt to gain unauthorized access to Company’s servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Site or any goods or services provided by Company;

vii. You will not access the Site through unpermitted automated means, including use of scripts or web crawlers not present on the Site, including agreeing to not to use the Site in excess of any applicable login protocols. You agree not to access (or attempt to access) the Site by any means other than through the interface Company provides, unless you have been specifically allowed to do so in a separate agreement;

viii. You will not register any domain names, social media names (including handles), or other analogous digital names that contain Company’s names and trademarks or a confusingly similar name.

ix. You are responsible for all costs associated with accessing or using the Site and you are responsible for any system software and/or hardware compatibility requirements for use of the Site;

x. Company may refuse to offer the Site and change any eligibility criteria at any time without notice in Company’s sole discretion; and

xi. You will not upload payment information and/or use any debit card, credit card, or other form of payment on the Site, unless you have all necessary authorizations to do so.

23. SITE MONITORING: Company reserves the right to monitor your access and use of the Site without notification to you. Company may record or log your use in a manner as set out in Company’s privacy policy, available at https://mamasingmysong.com/policies/privacy-policy. Notwithstanding the foregoing, Company does not monitor all content found on the Site or the content of any websites or mobile applications linked to the Site for offensive, indecent, objectionable, obscene, or unlawful content and is not liable to you for any such content. You acknowledge that through Company providing you with access to the Site, Company is not undertaking any obligation or liability relating to the Content.

24. DISCLAIMER: This Site is made available “as is” and “with all faults.” Use of the Site is entirely at your own risk and you should use your best judgment and exercise caution while using the Site. In accordance with the foregoing, Company, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written, or oral, arising from a course of dealing, performance, usage of trade, or otherwise in connection with the Site and your use thereof, including, warranties of merchantability, fitness for a particular purpose, and non-infringement. Except for the commitments in paragraphs 9 and 10, Company does not warrant that the Site or any Content, including any musical works created for you, will meet your requirements. Company makes no guarantee that your use of the Site, and all other features or functionalities associated with the Site, or delivery or display of the Site, will be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. Company is not responsible or liable to you for any outages due to a third-party failure relating to the Site. Company will not be liable in the event others acting with or without your permission use your account and/or payment method to make purchases on the Site.

You understand that the contents of the Site are for informational and/or entertainment purposes only and nothing contained on the Site, or any musical work delivered to you, is intended to be legal, medical, psychiatric, accounting, or other similar professional advice. You may not use the Site or Content as a substitute for professional advice and/or the treatment of any condition. Your reliance on any such content is solely at your own risk and Company disclaims that any materials on the Site or delivered to you contains any such advice or recommendations.

You understand that the Site may contain inaccuracies, omissions, and delayed information and that Company is not liable to you for any such defect. Company reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information within the Site is inaccurate at any time without prior notice (including after you have submitted an order). Company undertakes no obligation to update, amend or clarify information on the Site, including pricing information, except as required by law.

No specified update or refresh date applied in the Site should be taken to indicate that all information in the Site has been modified or updated. Regardless, Company strives to provide accurate descriptions of all materials available on the Site and every attempt is made to provide you with complete, error-free, and accurate information. If you believe there are any inaccuracies or discrepancies, please contact Company at info@mamasingmysong.com. NOTWITHSTANDING THE FOREGOING, IF ANY IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES WITHIN THE UNITED STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

25. LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, Company shall not be liable to you or any third-party for any indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, loss of data, loss of business or anticipated savings, loss of use, or loss of goodwill, which are in any way related to your use of the Site or Company’s products, regardless of legal theory (including, but not limited to contract, tort, negligence, warranty, or strict liability), whether or not Company has been advised of the possibility, foreseeability, or probability of such damages. COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND/OR YOUR USE OF THE SITE AND SERVICES WILL NOT EXCEED THE GREATER OF: (I) ONE THOUSAND DOLLARS ($1,000.00); OR (II) THE TOTAL AMOUNT OF SUMS, IF ANY, PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM. THE ALLOCATION OF RISK BETWEEN COMPANY AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR PERSONAL INJURY OR DEATH, FRAUD, OR ANYTHING ELSE THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, OR YOUR RIGHTS UNDER PARAGRAPH 10.

26. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Company, Company’s affiliates, subsidiaries, parents, successors, assigns, licensees, designees, and partners, and each of their officers, directors, members, stockholders, shareholders, employees, representatives, agents, and personnel, from and against all claims, actions, suits, liabilities, damages, costs, and expenses (including reasonable attorney’s fees and legal costs) arising out of or incurred in connection with: (i) your breach of these Terms; (ii) User Content; (iii) your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property or privacy right; and (iv) your violation of any laws, rules regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including without limitation, all regulatory, administrative and legislative authorities; all of the foregoing to the fullest extent permitted by applicable law. Notwithstanding anything to the contrary contained herein, this indemnification obligation shall survive these Terms and your use of the Site. Company reserves the right to take over the exclusive defense of claims for any of the foregoing, and in such an event, you shall provide prompt and reasonable cooperation to Company or its designees. You will not in any event settle any claim any of the foregoing is entitled to indemnification for, without the prior written consent of Company.

27. USE OUTSIDE THE UNITED STATES: The Site is operated from the United States. Company ships physical products to most countries, and digital songs can be delivered anywhere by email, unless the law prohibits it. Company does not represent that the Site or its products are appropriate or legal in every country. If you access the Site or order from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

28. EXPORT CONTROL: You may not use the Site or buy Company’s products if you are located in a country subject to a United States embargo, or if you appear on a United States government list of prohibited persons, such as the Treasury Department’s List of Specially Designated Nationals. You agree to comply with United States export and sanctions laws.

29. ENTIRE AGREEMENT: These Terms (including Company’s Privacy Policy and any other associated documents referenced in these Terms) represent the entire understanding between Company and you, superseding all prior agreements (including previous versions of the Terms), whether oral or written, with respect to your use of the Site and all other subject matter contained herein. Notwithstanding the foregoing, Company may enter into separate written agreements with users of the Site regarding specific business arrangements, such agreements not superseding these Terms upon entrance unless expressly stated therein. If you are a United States governmental agency and have a need for rights not conveyed under these Terms, please contact Company to negotiate acceptable terms for transferring such rights.

30. HEADINGS: Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms.

31. BINDING AGREEMENT: The Terms shall be binding upon and inure to the benefit of Company and your respective assigns, successors, heirs, and legal representatives.

32. MODIFICATION TO TERMS: Company may update these Terms from time to time. Company will post the new Terms at https://mamasingmysong.com/policies/terms-of-service and update the effective date, and for material changes will also notify you by email or a notice on the Site. New Terms apply to purchases made and use of the Site after they are posted. They do not change the Terms that applied to an order you already placed, and changes to paragraphs 39 through 44 do not apply to a dispute that arose before the change was posted. If you do not agree to new Terms, please stop using the Site. Any questions, requests for assistance, thoughts, or complaints regarding changes to the Terms can be directed to Company at info@mamasingmysong.com.

33. ASSIGNMENT: The Terms are personal to you (or the company or other legal entity or individual you are entering into these Terms on behalf of), and are not otherwise assignable, transferable, or sublicensable by you except with Company’s prior written consent. Without limiting the foregoing, this includes you may not assign your rights in and to any musical work provided to you to any third party, except as paragraphs 12 and 14 allow. Company may freely assign the Terms.

34. SEVERABILITY: If any part of the Terms is deemed by a court of law or authority of competent jurisdiction to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed.

35. WAIVER: The waiver by Company or you of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party.

36. SURVIVAL: All provisions of these Terms, which by their nature should survive termination or expiration of these Terms, shall survive termination or expiration.

37. NO AGENCY: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.

38. CHOICE OF LAW: The laws of the State of Tennessee applicable to contracts entered into and performed within Tennessee (and notwithstanding any conflict of law principles) shall exclusively govern these Terms and any disputes between you and Company, including all disputes arising out of these Terms, unless otherwise prohibited by law. Notwithstanding the foregoing, you will also be able to rely on mandatory un-waivable rules, if any, of the law of the jurisdiction where you live.

39. ARBITRATION: Company anticipates most concerns can be resolved quickly by emailing info@mamasingmysong.com, so please start there. If that does not resolve a dispute, a party who intends to seek arbitration must first send the other a written Notice of Dispute (“Arbitration Notice”) that describes the nature and basis of the claim and the specific relief sought. Send your Arbitration Notice by email to info@mamasingmysong.com with “Notice of Dispute” in the subject line. Company will send its Arbitration Notice to the email address on your order or Account. If the parties do not resolve the claim within sixty (60) calendar days after a valid Arbitration Notice is received, either party may commence an arbitration proceeding.

You and Company agree that any and all disputes or claims that arise between you and Company, whether arising out of or relating to these Terms, your use of the Site, your purchases, or any other aspect of the relationship between you and Company, shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules then in effect (the “AAA Rules”), except as paragraphs 42 and 44 provide. The Federal Arbitration Act governs this arbitration agreement. By agreeing to the Terms, you and Company are each waiving the right to a jury trial. Any claim must be commenced within two (2) years after it arises, unless otherwise prohibited by law.

Small claims. Either you or Company may instead bring an individual claim in small claims court if the claim qualifies and stays in that court.

40. ARBITRATION PROCESS: Any arbitration will be handled by a sole AAA arbitrator. You and Company agree that the arbitrator shall have the power to rule on any objections with respect to the existence, scope, or validity of these arbitration provisions or to the arbitrability of any claim or counterclaim, except that a court decides any question about paragraph 41. The arbitrator has the power to award any remedy that a court could award to you individually, in accordance with applicable law. If any term of these arbitration provisions conflicts with the AAA Rules, the AAA Rules control. The arbitrator shall issue a reasoned written decision. Judgment on the award may be entered in any court that has jurisdiction, and the award may be challenged only as the Federal Arbitration Act allows. The arbitration shall be in English.

Costs. Filing, administrative, and arbitrator fees are divided as the AAA’s consumer fee schedule provides, under which your share is capped and Company pays the rest.

41. CLASS ACTION WAIVER: You and Company may bring claims against each other only on an individual basis, and not as a plaintiff or class member in any class, collective, or representative proceeding. Unless you and Company agree otherwise, the arbitrator may not combine more than one person’s claims. If this paragraph is found unenforceable as to a particular claim, that claim shall be decided in court under paragraph 44, and the rest shall proceed in arbitration.

42. OPTING OUT OF ARBITRATION: You may opt out of paragraphs 39 through 41 by emailing info@mamasingmysong.com within thirty (30) days after you first accept these Terms, with “Arbitration Opt-Out” in the subject line and your name and the email address on your order or Account. Opting out does not affect the rest of these Terms or your order. If you opt out, paragraph 44 applies to any dispute.

43. VENUE: Hearings will be held by video or telephone wherever the AAA Rules allow, and smaller claims will be decided on documents as the AAA Rules provide. If an in-person hearing is required, it will take place in Sumner County, Tennessee, unless you and Company agree otherwise or the AAA or the arbitrator sets a different place under the AAA Rules.

44. NON-ARBITRABLE DISPUTES: Any dispute that is not subject to arbitration under these Terms shall be resolved exclusively in the state courts located in Sumner County, Tennessee, or the federal court whose district includes Sumner County, except that you may bring a qualifying claim in the small claims court where you live. Either you or Company may ask a court for emergency relief, including injunctive relief, to stop unauthorized use of intellectual property or damage to the Site or its availability. Nothing in these arbitration provisions stops you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Company on your behalf.

45. REMEDIES: All of Company’s rights and remedies are cumulative and shall in no way affect any remedy available to Company under equity or law. You agree that unauthorized use of Company’s intellectual property may cause Company irreparable harm for which monetary damages may be inadequate, and that Company may seek injunctive relief in that event.

46. NOTICE: All legal notices pursuant to these Terms must be in writing. You must send legal notices to Company by email at info@mamasingmysong.com. Company may send legal notices to you at the email address on your order or Account. A notice is deemed given when delivery or receipt is confirmed.

47. COMPLAINTS: For intellectual property related complaints, please see the next paragraph. For all other complaints, if you have a complaint about Company, please send your complaint to info@mamasingmysong.com including your name, address, contact details, a description of your complaint and any applicable URLs to identify any relevant content. If you are unable to contact us by email, please write to us at the following address: Mama Sing My Song, Inc., 102 Kimberly Ct, Hendersonville, TN 37075.

48. INTELLECTUAL PROPERTY POLICY: Company respects the intellectual property rights of others and desires to offer a Site that contains no material that violates the intellectual property rights of others. Company has instituted procedures for receiving written notification of claimed intellectual property infringements. If you believe in good faith that your intellectual property rights have been infringed through use on the Site, you may notify Company at Mama Sing My Song, Inc., 102 Kimberly Ct, Hendersonville, TN 37075, and by email at info@mamasingmysong.com with “Mama Sing My Song - Notice of Infringement” in the subject line, which contains:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest allegedly infringed;
2. A description or identification of the copyrighted work(s) (or other intellectual property interest(s)) that you claim has been infringed;
3. A description or identification specifying the location on the Site of the material(s) that you claim is infringing, including all URL addresses;
4. Your name, email address, mailing address, and telephone number;
5. A statement by you that you have a good faith belief that use of the material in the manner complained is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and
6. A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf.

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may be invalid under these Terms, and potentially other intellectual property laws.

49. SUPPORT: Upon your written request to info@mamasingmysong.com, Company shall endeavor to promptly answer questions you have about the Site during normal business hours.

Questions, comments, and requests in relation to these Terms are welcome and should be addressed to info@mamasingmysong.com, except questions, comments, and requests in relation to orders should be addressed to orders@mamasingmysong.com.