Terms of Service

These Terms of Service (these “Terms”) are a binding agreement between you and The Annie Moses Institute for Music & Culture, a 501(c)(3) public charity organized in Tennessee (EIN 26-4223554) (the “Institute,” “we,” “us,” or “our”). They govern your use of the Services. By accessing or using the Services — including by creating an account, streaming content, making a donation, or completing a purchase — you accept these Terms. If you do not agree to them, do not use the Services.

Our Privacy Policy describes how we handle personal information and is incorporated into these Terms by reference.

• “Site” means the website at anniemoses.org and its subpages, including streaming, donations, ticketing, email signup, and the shop.
• “App” means the KIN, from Annie Moses application for iOS, including video and audio streaming and the shop.
• “Services” means the Site and the App together.
• “Content” means all material made available through the Services, including video, audio, recordings, compositions, scores, text, images, artwork, trademarks, and software.
• “Sponsor Access” means the expanded access to Content granted to supporters as described in Section 5.

You must be at least 18 years old (or the age of majority where you live) to create an account, make a donation, or complete a purchase. Children may enjoy Content under the account and supervision of a parent or guardian, but accounts are created and managed by adults.

You are responsible for the accuracy of the information on your account, for keeping your credentials secure, and for all activity that occurs under your account. Notify us promptly at info@anniemoses.org if you believe your account has been compromised. You may delete your account at any time within the App or by emailing info@anniemoses.org.

The Services provide streaming of the Institute’s musical and family programming, editorial content, event ticketing, charitable giving, an email newsletter, and a shop. We may add, change, or remove features or Content at any time. Particular titles may enter or leave the catalog as rights and programming decisions change; we do not guarantee that any specific item of Content will remain available.

The Services require a compatible device and an internet connection, which are your responsibility, and streaming quality may vary with your connection.

Portions of the Content are available to everyone as a free preview. Expanded access — Sponsor Access — is granted to supporters on the basis of a donation made on the Site.

• Sponsor Access is a benefit extended in gratitude for charitable support. It is not a purchased subscription, and it is not bought, renewed, or managed through the App. The App offers no in-app purchases.
• Sponsor Access is personal to the account holder and the household using that account, and may not be resold, shared publicly, or transferred.
• The scope and duration of Sponsor Access are determined by the sponsorship program in effect at the time of your gift, as described on the Site. We may adjust the program prospectively; adjustments do not retroactively reduce benefits already granted for a completed gift except where required by law or rights restrictions.

The Institute is a 501(c)(3) public charity, and donations are tax-deductible to the extent permitted by law. Donations are processed by Stripe or Donorbox; your payment card details never touch our servers.

Donations are gifts to a public charity and are generally not refundable once received. If you believe a gift was made in error — a wrong amount, a duplicate charge — write to giving@anniemoses.org within thirty days and we will work with you in good faith to correct it. Recurring gifts may be canceled at any time, effective for future installments.

Shop orders are processed and fulfilled through Shopify and are subject to the prices, shipping terms, and return policy stated at checkout. Ticket purchases for events are subject to the refund and exchange policy published for each event; unless an event’s policy says otherwise, tickets are refundable if an event is canceled and not rescheduled.

You agree to provide accurate billing information and authorize the applicable payment processor to charge your payment method for the amounts you approve. All prices are in U.S. dollars unless stated otherwise, and applicable taxes may be added at checkout.

Subject to these Terms, the Institute grants you a limited, personal, non-commercial, non-exclusive, non-transferable, revocable license to access and stream the Content through the Services, on devices you own or control, solely for your own private viewing and listening and that of your household.

This license does not permit you to:

• download, record, copy, capture, or redistribute Content except through features we expressly provide;
• publicly perform, publicly display, broadcast, or charge admission for Content (educational and ministry screening licenses may be available — write to info@anniemoses.org);
• circumvent, remove, or interfere with any content protection, geographic restriction, or access control;
• use Content to train, fine-tune, or otherwise develop machine learning or artificial intelligence systems; or
• sublicense, sell, or transfer your access to anyone else.

All rights not expressly granted are reserved by the Institute and its licensors. This license ends automatically when these Terms terminate as to you.

The Services and all Content — including KIN, The Wonderful World of Benjamin Cello, the Annie Moses name and marks, and all recordings, compositions, video, artwork, text, and software — are owned by the Institute or its licensors and are protected by copyright, trademark, and other laws of the United States and other countries. You are welcome to link to the Site and to share brief excerpts of editorial articles with attribution; any other reproduction or use requires our prior written permission. Licensing inquiries go to info@anniemoses.org.

When using the Services, you agree not to:

• violate any applicable law or the rights of any person;
• share, sell, or publish account credentials, or access another person’s account without authorization;
• probe, scan, or test the vulnerability of the Services, or breach or circumvent any security or authentication measure;
• scrape, crawl, or harvest Content or data from the Services by automated means, or use the Services to build a competing catalog or dataset;
• interfere with the operation of the Services, including by transmitting malware, flooding, or overloading infrastructure; or
• misrepresent your affiliation with the Institute or use our name or marks to suggest endorsement.

We may investigate suspected violations and may suspend or terminate access as described in Section 14.

If you send us ideas, suggestions, or other feedback about the Services, you grant the Institute a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation to you. Please do not send us creative material (scripts, compositions, recordings) you wish to keep confidential or be compensated for; we cannot accept unsolicited submissions on those terms.

We respect the intellectual property of others. If you believe material available through the Services infringes your copyright, send a notification under the Digital Millennium Copyright Act, 17 U.S.C. § 512, to our designated agent:

DMCA Agent
The Annie Moses Institute for Music & Culture
Nashville, Tennessee, USA
dmca@anniemoses.org

Your notice must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the copyright owner; and (f) your physical or electronic signature. We will respond to valid notices, including by removing or disabling access to the identified material, and we may terminate the accounts of repeat infringers.

If you obtained the App from the Apple App Store, the following additional terms apply:

• These Terms are an agreement between you and the Institute only, not with Apple Inc. (“Apple”), and the Institute — not Apple — is solely responsible for the App and its content.
• Your license to the App is limited to a non-transferable license to use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• Apple has no obligation to furnish any maintenance or support services for the App.
• In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• The Institute, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, claims under consumer protection or similar legislation, and claims that the App infringes a third party’s intellectual property rights.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to the App, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

You may stop using the Services and delete your account at any time. We may suspend or terminate your access to the Services, with or without notice, if you materially breach these Terms, if we are required to do so by law, or if we discontinue the Services. Where practicable, we will give notice and an opportunity to cure breaches that can be cured.

Upon termination, the licenses granted to you under these Terms end. Sections that by their nature should survive — including Sections 9 through 12 and 15 through 20 — survive termination. Termination of access does not entitle you to a refund of donations, which are charitable gifts, except as described in Section 6.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE INSTITUTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY CONTENT WILL REMAIN AVAILABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE INSTITUTE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE INSTITUTE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO THE INSTITUTE FOR PURCHASES (EXCLUDING CHARITABLE DONATIONS) IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

You agree to indemnify and hold harmless the Institute and its directors, officers, employees, volunteers, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms, your misuse of the Services or Content, or your violation of any law or the rights of a third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Tennessee and applicable federal law of the United States, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and the Institute agree that the state and federal courts located in Davidson County, Tennessee will have exclusive jurisdiction over any such dispute, and each party consents to personal jurisdiction and venue in those courts. Each party waives any right to a jury trial to the extent permitted by law. Either party may seek injunctive or other equitable relief to protect its intellectual property in any court of competent jurisdiction. Nothing in this section prevents you from bringing a qualifying claim in small claims court or limits any non-waivable rights you have under the consumer protection laws of your place of residence.

We may revise these Terms from time to time. When we do, we will update the “Last updated” date above, and if the changes are material we will provide reasonable advance notice — such as an email to account holders or a prominent notice on the Services — before they take effect. Changes apply prospectively. If you continue to use the Services after revised Terms take effect, you accept the revised Terms; if you do not agree, you must stop using the Services.

• Entire agreement. These Terms, together with the Privacy Policy and any policies referenced in them (such as event-specific ticket policies and shop checkout terms), constitute the entire agreement between you and the Institute regarding the Services.
• Severability. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms or your account. The Institute may assign these Terms in connection with a reorganization, merger, or transfer of its operations to a successor nonprofit organization.
• Force majeure. The Institute is not liable for delay or failure to perform caused by events beyond its reasonable control.
• Notices. We may provide notices to you by email to the address on your account or by posting on the Services.

Questions about these Terms may be directed to info@anniemoses.org, or by mail to The Annie Moses Institute for Music & Culture, Nashville, Tennessee, USA. Privacy matters: info@anniemoses.org. Licensing: info@anniemoses.org. Giving: giving@anniemoses.org.