Terms of Service
Updated: May 11, 2017
Media Angels, Inc. provides service to users through its website, www.MediaAngelsMembership, subject to the following Terms of Service, which may be updated or modified by Media Angels, Inc. at any time without notice to you. Whenever you access Media Angels, Inc.’s website, you do so subject to the Terms of Service and all policies or procedures specifically incorporated herein by reference.
Acceptance of Service
Your use of Media Angels, Inc.’s website constitutes your acceptance of and your agreement to abide by these Terms of Service, and all incorporated policies and procedures. Do not use the website if you do not agree to the Terms of Service!
Description of Service
Media Angels, Inc.’s website offers a variety of unit studies, novels, books, classes, and audios, filled with online learning activities, lessons, resources and assessments that parents can use as part of their homeschool curriculum for their children in preschool through high school (the “Service”). The Service includes curriculum that may or may not correlate to state standards, but Media Angels, Inc. is not a school or a course. Parents who use the Service as part of their homeschool curriculum act as the teacher of record, and must follow the requirements in their home state to determine if there are any gaps you need to fill in. The Service is provided “as-is” with no fitness implied for any use and no guarantee of reliability or durability. As a software-based service with ongoing updates based on user feedback, there may be problems of implementation or performance, commonly known as “bugs”. Media Angels, Inc. strives to test, update, maintain, and optimize its system regularly so that the Service is delivered to users safely and effectively, but Media Angels, Inc. makes no guarantees as to the quality, reliability or fitness for any particular purpose of its Service.
Membership Payment & Activation. To access the Service, you must create an account with Media Angels, Inc. and activate a Membership. A Membership is activated once Media Angels, Inc. receives payment of the Membership Fee, which is set at registration and is based on the plan you select, a monthly, yearly or one-time free. Media Angels, Inc. accepts payments online using Visa, MasterCard, Discover, American Express via Paypal processing. For credit card payments, the date of payment will be the Activation Date.
Membership Term & Renewal. A typical Membership begins on the Activation Date and extends for one (1) year (the “Term”). For users paying for a Membership by credit card, the Membership automatically renews for an additional one (1) year at the end of the Term, and Media Angels, Inc. will bill the same Membership Fee to the credit card the user selected at registration in order to renew the Membership. Each year thereafter, the Membership will automatically renew at the same Membership Fee, unless the user cancels the Membership, prior to the last date of the month as provided below. For a lifetime membership the fee is paid one time and is not renewable but member will have lifetime access. If payment is not received by Media Angels, Inc. for any reason, including charge back, Media Angels, Inc. reserves the right to suspend or terminate a user’s Membership. In addition, all users understand that once a Membership is terminated all information relating to the user may be terminated or deleted.
Membership Discounts and Extra Education. From time to time, Media Angels, Inc. offers discounts and Extra Education options to its Members, such as webinars or seminars. For purposes of this section, members is defined as any users who have an active Membership with Media Angels, Inc. The extra’s are typically for a period of consecutive months in length and can be acquired by Members by paying a one-time fee indicated at registration. Members have 14-days from the purchase date to cancel their Extra Education option and receive a full refund. After this time, Members will not be entitled to a refund or credit relating to the purchase. Since these Extra Education options are only available to Members, if a Member registers and pays for an extra educational item that is located in the Media Angels, Inc. and then cancels or otherwise fails to keep their Membership in good standing (such as by non-payment) during the term of the purchase, the Member will lose access and no refund or credit will be given, unless it is within the 14-day trial period. After the 14-day trial period and/or prior to the end of the term of the extra education purchased, Members may have the option to renew or purchase another extra at the then current rate as long as it is available.
Cancellations. Users may cancel their membership by sending a cancel request to support@MediaAngels.com. All cancellations are processed immediately followed by an email confirmation that gets sent within 24 business hours. The cancellation will become effective at the start of the next billing term. Whenever a Membership is cancelled pursuant to this Section, Media Angels, Inc. will delete the information relating to the user on or immediately after the effective date of the cancellation. Once data has been deleted by Media Angels, Inc., it cannot be recovered. Media Angels, Inc. reserves the right to cancel a user’s Membership if the user fails to make a payment. For purposes of this section, a user is deemed to have paid Media Angels, Inc. when the user’s credit payment has been received by Media Angels, Inc.’s merchant account or bank account. Media Angels, Inc. also reserves the right to cancel a Membership for any reason, including, without limitation for lack of use or if Media Angels, Inc. believes you have violated the letter or spirit of the Terms of Service. Media Angels, Inc. shall not be liable to the user or any third-party for the cancellation of your Membership, deletion of your account, or access to the Media Angels, Inc. website.
Refunds. All payments for Memberships to Media Angels, Inc. are non-refundable. Membership payments made by Paypal, check or money orders are non-refundable.
Billing Security. Media Angels, Inc. uses a secure technology through Paypal that sends credit card data in encrypted code. Media Angels, Inc. does not keep a record of, or have access to your credit card number.
Special Offers & Price Changes. Media Angels, Inc. may run special offers periodically. These special offers are subject to change at any time, and may have certain restrictions, including, but not limited to, restricting users to the use of one special offer. Pricing is subject to change with notice by Media Angels, Inc.. Any changes made by Media Angels, Inc. become effective at the start of the next billing term.
Passwords. Your password gives you access to the Membership service. Please take appropriate measures to keep your password confidential and do not share it with third parties or with your children. You will be responsible for all activities that occur under your password regardless of whether you are the person who took such actions. If your password gets disclosed, please advise Media Angels, Inc. immediately and we will issue a new password and eliminate the previous one.
Your Obligations & Representations. When you sign up for an account at Media Angels, Inc. and activate your Membership, you agree to (a) provide true, accurate, current and complete information about yourself on the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Media Angels, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Media Angels, Inc. has the right to suspend or terminate your account and/or refuse any and all current or future use of its Service. You also agree that Media Angels, Inc. is authorized to charge the payment method you selected during registration the Membership Fee on the Activation Date and each month thereafter on the anniversary of the Activation Date at the then-current rate unless or until your Membership is placed on Hold or Cancelled by you or Media Angels, Inc.. You further agree to notify Media Angels, Inc. if you wish to use a different Payment Method to renew your Membership or place your Membership on Hold prior to the end of your current month term in order to avoid the cancellation of your Membership due to non-payment.
Media Angels, Inc. Proprietary Rights
You acknowledge and agree that the Service provided by Media Angels, Inc., and all necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through our website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Media Angels, Inc., you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service provided by Media Angels, Inc. or the Software, in whole or in part.You also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Media Angels, Inc. website.
Grant of Limited License. Media Angels, Inc. grants to you, the Licensee, and your listed users, a personal, nonexclusive, and nontransferable license to use the Service on a single computer or smart device at a time. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Media Angels, Inc. for use in accessing the services.
Restrictions of Use. You understand that the Software and Service offered by Media Angels, Inc. are wholly owned by Media Angels, Inc. and/or its vendors or third party web sites and are protected by copyright and other laws in the United States and elsewhere. A Licensee may not copy or distribute the Software or Service to anyone, for any purpose, at any time. As a Licensee, you are permitted to the use of the Service for the number of users subscribed while they are paying for its use: there is no transfer of ownership or copyright. You agree that this License grant does not include the rights of modification, manufacture, distribution, sale, or sublicense. Media Angels, Inc. reserves the right to cancel your Membership without refund if it is determined that you have violated this portion of the Terms of Service.
Trademarks & Copyrights
Copyright © 2017 Media Angels, Inc.. Any rights not expressly granted in this Agreement are reserved for the exclusive use of Media Angels, Inc. The owner and manufacturer of Media Angels, Inc. is Felice Gerwitz. “Media Angels, Inc. is a registered trademark”, all other copyrights and trademarks appearing on the Media Angels, Inc. website are the exclusive rights of their respective owners. If any company does not wish the site to be listed, please contact us at support@MediaAngels.com.
Copyright Violation Notice
Media Angels, Inc. respects the intellectual property of others and we ask our subscribers to do the same. If any copyright owner believes that there is any intellectual property infringement on the MediaAngelsMembership.com website, please contact us at support@MediaAngels.com and we will investigate the claim.
You agree to indemnify and hold Media Angels, Inc., its parent and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post, transmit or make available through the Media Angels, Inc. website, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
Disclaimer of Warranties
- MEDIA ANGELS, INC. PROVIDES THE SERVICE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. MEDIA ANGELS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- MEDIA ANGELS, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIA ANGELS, INC. OR THROUGH OR FROM THE WEBSITE OR iOS APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDIA ANGELS, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEDIA ANGELS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOUR SOLE REMEDY WILL BE TO TERMINATE YOUR MEMBERSHIP.
No Guaranty of Results
Media Angels Membership Site is a tool to assist your child for education and entertainment purposes. Because every child learns differently, Media Angels, Inc. cannot guarantee particular results from a child’s use of the Service.
Modification of Terms
The Terms of Service (and any agreement, rule, or policy incorporated by reference) may be modified by Media Angels, Inc. at any time by publication through the Media Angels, Inc. website or by sending you an email. You are responsible for regularly reviewing the Media Angels, Inc. website to obtain timely notice of such modifications. You shall be deemed to have accepted such modifications by continuing to use the site after 15 days of when such modifications have been posted or you have been alerted by email. In the event that you object to any material changes to the Terms of Service (or the terms and conditions of an incorporated policy or agreement), your sole and exclusive remedy will be to terminate your Membership and to cease using the services. Upon request, remaining subscriptions costs will, if cancelled due to a change of Terms of Service, not be billed.
Jurisdiction, Venue, & Interpretation
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida. Each party consents to personal jurisdiction and venue in Broward County Court. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If a court of competent jurisdiction rules as invalid any provision of this agreement or the application of any provision to any person or circumstance, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service, the use of the Media Angels, Inc. website or iOS Apps, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Terms of Service constitute the entire agreement between you and Media Angels, Inc. and govern your use of the Service offered by Media Angels Membership website. The Terms of Service supersede all prior agreements between you and Media Angels, Inc. You understand and agree that you may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Media Angels, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.