Music Games International Company, Inc.
(doing business as Kids Music Games International)
Effective Date: October 8, 2026
Last Updated: October 8, 2026
1. Acceptance of Terms
Welcome to Kids Music Games International. These Terms & Conditions (“Terms” or “Agreement“) constitute a legally binding agreement between you (“Customer“, “User“, or “you“) and Music Games International Company, Inc. (“Company“, “we“, “us“, or “our“), doing business as Kids Music Games International, governing your access to and use of our website located at https://www.kidsmusicgames.com (the “Website“), as well as our digital games, mobile applications, desktop software, and related services (collectively, the “Services“).
BY VISITING OR USING THE WEBSITE, REGISTERING AN ACCOUNT, PURCHASING A DIGITAL LICENSE, DOWNLOADING OUR SOFTWARE, OR ACCESSING ANY OF OUR GAMES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
2. Eligibility & Adult Supervision
- Adult Contracting Requirement: You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to purchase digital licenses, register an account on the Website, or enter into this Agreement.
- Child Gameplay: Our educational games (including The Nutcracker Music Game, Mini Nutcracker, and Mozart’s Magic Flute) are designed for children ages five (5) and older. Children may access and play our games only under the supervision and authorization of a parent, legal guardian, or authorized educator who has accepted these Terms on their behalf.
- Parental Responsibility: If you permit your minor child or ward to access our Services, you agree that you are fully responsible for their conduct, their compliance with these Terms, and any consequences arising from their use of the Services.
3. Scope of Services & Covered Products
These Terms govern the entire Kids Music Games International ecosystem, including:
- The Website: kidsmusicgames.com and associated account dashboards, shopping carts, and web-based launcher services.
- The Nutcracker Music Game (Paid): Our interactive classical music educational title, accessible via web browser, macOS and Windows desktop applications, and native mobile/tablet applications (iOS/iPadOS and Android).
- Mini Nutcracker (Free): Our standalone free introductory music game, available in browser, desktop, and mobile versions.
- Mozart’s Magic Flute (Paid – Upcoming): Our upcoming interactive classical music game, sharing the same platform architecture and licensing rules as The Nutcracker.
- Additional Platform Titles & Samplers: Including Alice in Vivaldi’s Four Seasons and related educational offerings.
4. Accounts & Registration
- Account Creation: To purchase licenses, track order history, or launch web-based games from the Website, you may be required to register a customer account. You agree to provide accurate, current, and complete information during registration and to keep your account details updated.
- Credential Confidentiality: You are solely responsible for maintaining the confidentiality of your username, password, and access credentials. You agree to notify us immediately at help@kidsmusicgames.com if you suspect any unauthorized access to or compromise of your account.
- Parent / Adult Sign-In Covenant: Third-party authentication integrations (including Google Sign-In and Apple Sign-In) embedded within our mobile and desktop applications are provided solely for adult account holders (parents, legal guardians, and educators) to authenticate digital software licenses and administer family access. Children under thirteen (13) (or the applicable age of digital majority) are strictly prohibited from utilizing Google Sign-In or signing into our Services with their own personal Google or Apple accounts. By initiating a sign-in with Google or Apple, you represent and warrant that you are an adult parent, guardian, or educator authorizing software access for a child under your direct supervision.
5. Digital Purchases, Pricing & Taxes
- Ordering & Payment: All orders placed through our Website are processed via secure third-party payment gateways (Stripe and PayPal). You represent and warrant that you have the legal right to use any payment method provided.
- Pricing: All prices displayed on our Website are in United States Dollars (USD) unless explicitly stated otherwise. We reserve the right to modify pricing at any time prior to order confirmation.
- Taxes: Prices displayed do not include applicable state, local, or national sales, use, or digital goods taxes. Applicable taxes will be calculated and displayed during checkout based on your billing address and remitted to the appropriate taxing authorities.
- License Delivery: Upon successful payment processing, digital software licenses, download links, and web access permissions are delivered immediately to your registered email address and displayed in your Website account dashboard.
6. Refunds & Replacements Policy
Because our digital products are delivered electronically and granted immediately upon purchase, the following refund and replacement rules apply:
A. General Rule for Digital Goods
Except as explicitly outlined below or required by non-waivable statutory consumer protection laws, all digital game purchases, download keys, and access licenses are final and non-refundable.
B. Accidental Purchases
Because license keys and digital access tokens are generated immediately upon order confirmation, accidental purchases are non-refundable once the license key has been delivered.
C. Duplicate Purchases
If you accidentally purchase the same digital game multiple times for the same account or email address due to a technical error or duplicate checkout submission, please contact us at help@kidsmusicgames.com with your order numbers. Verified duplicate transactions will be promptly refunded back to your original payment method (Stripe or PayPal).
D. Software Failure & Defect Resolution
We stand behind the pedagogical and technical quality of our educational games. If our software materially fails to operate on a supported system meeting our minimum technical requirements, customers may seek support at any time without an arbitrary expiration cutoff:
- Troubleshooting Support: You should contact our customer support team at help@kidsmusicgames.com detailing the error, operating system, and hardware configuration. We will make good-faith commercial efforts to assist you in resolving the issue.
- Replacement or Access Repair: If the issue involves an activation error, damaged download, or licensing failure, we will issue a replacement license code or restore digital access.
- Refund Remedy: If our support team cannot resolve the material software defect and the software remains inoperable on your supported system after troubleshooting, we will issue a full refund of the purchase price to your original payment method.
E. Lost License Codes
If you misplace your license code, you may retrieve it at any time by logging into your account on kidsmusicgames.com or by contacting help@kidsmusicgames.com from the email address used during purchase. We will re-issue your license code free of charge.
F. App Store & Google Play Purchases
If you purchase our games as an In-App Purchase or paid application download through the Apple App Store or Google Play Store, the transaction is processed directly by Apple Inc. or Google LLC. All refunds for platform-store purchases are governed exclusively by Apple’s or Google’s applicable consumer refund policies and must be requested directly through your Apple or Google account.
7. Digital License Terms for Paid Games
(The Nutcracker & Mozart’s Magic Flute)
When you purchase a license for The Nutcracker Music Game or Mozart’s Magic Flute, you are purchasing a digital license to access and play the software, not ownership of the underlying software itself.
A. License Grant
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable license to install, execute, and display the game solely for your personal, family, non-commercial educational use (or authorized classroom use in accordance with Section 9).
B. Personal License & Device Transfer Rights
- Personal to Purchaser: The license granted herein is personal to the authorized purchaser and may not be assigned, resold, rented, leased, or transferred to any other person or organization.
- Device Transfer Permitted: However, the authorized purchaser may transfer the active software installation to a replacement computer or device owned or controlled by the purchaser in accordance with our device transfer procedures.
- Desktop Applications (Windows & macOS):
- Each purchased license code authorizes installation and activation on one (1) active computer station at any given time.
- Activation binds the software to that computer using a cryptographic hardware identifier.
- You may transfer your active desktop license to a new computer using our self-service transfer flow (which sends a secure 8-character verification code to your registered email address, valid for 24 hours) or with assistance from customer support.
- Web Browser Games:
- Web browser access is authorized on a single-browser-session basis.
- Launching the game in a new browser window or device supersedes and invalidates any previously active browser session for that license.
- Mobile & Tablet Applications:
- Mobile application access is governed by the entitlement rules of the platform store (Apple App Store / Google Play) through which the application was acquired or linked.
8. Terms for Free Games
(Mini Nutcracker)
- Free Educational Use Grant: Mini Nutcracker is provided free of charge for personal, family, and classroom educational gameplay. You may play Mini Nutcracker in your browser or install the free mobile and desktop versions without purchasing a license or creating an account.
- “As Is” Availability: Mini Nutcracker is provided on an “AS IS” and “AS AVAILABLE” basis. The Company reserves the right to modify, update, or discontinue Mini Nutcracker at any time without liability.
- Applicability of General Terms: All provisions of these Terms regarding Intellectual Property (Section 10), Prohibited Conduct (Section 11), Warranty Disclaimers (Section 14), and Limitation of Liability (Section 15) apply fully to your use of Mini Nutcracker.
9. School, Teacher & Educational Use
We proudly support music educators, elementary schools, and educational institutions:
- Classroom Licensing: Teachers and schools may purchase single or multi-station licenses through our Website or authorized institutional purchase orders to deploy our games on classroom computers, computer lab workstations, and interactive smartboards.
- Permitted Educational Use: An authorized educational license permits students within the licensing teacher’s classroom or school to interact with the game for instructional and educational purposes.
- No Student Accounts: In accordance with our Privacy Policy, schools and educators must not attempt to create individual personal accounts for minor students. Gameplay must be conducted using station licenses or local player nicknames without entering personal student data.
- Institutional Inquiries: For volume licensing, tax-exempt institutional purchases, or administrative invoicing, please contact our support desk at help@kidsmusicgames.com.
10. Intellectual Property Rights
- Company Ownership: All content, software, code, graphics, character designs, animations, illustrations, user interfaces, pedagogical game concepts, audio recordings, musical performances, voiceover acting, sound effects, text, documentation, logos, and trademarks embodied in or associated with our Website and games are the sole and exclusive intellectual property of Music Games International Company, Inc. and are protected by United States and international copyright, trademark, patent, trade secret, and other proprietary rights laws.
- Musical Compositions: Pyotr Ilyich Tchaikovsky’s Nutcracker Suite, Wolfgang Amadeus Mozart’s The Magic Flute, and Antonio Vivaldi’s The Four Seasons are timeless public domain compositions. However, the specific audio recordings, orchestral arrangements, digital sequencing, visual synchronizations, interactive gameplay mechanics, scripts, and multimedia implementations contained in our software are proprietary original works of authorship owned exclusively by the Company.
- No Unlicensed Exploitation: You may not copy, reproduce, distribute, publicly perform, publicly display, broadcast, republish, sell, rent, lease, sublicense, adapt, modify, or create derivative works based upon our software or content without our express prior written authorization.
11. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Software Piracy & Unauthorized Distribution: Copying, publishing, distributing, torrenting, file-sharing, or reselling our software, license codes, or launch tokens.
- Reverse Engineering: Decompiling, reverse engineering, disassembling, attempting to derive the source code of, decrypting, or modifying our games or backend microservices, except to the extent such restriction is expressly prohibited by applicable law.
- Circumvention of Security: Bypassing, disabling, altering, or circumventing any digital rights management (DRM), license verification mechanisms, device authorization locks, or arithmetic Parental Gates.
- Interference & Abuse: Using any automated system (bots, scrapers, crawlers, or load testing scripts) to access our Website or APIs, transmitting viruses or malicious code, or disrupting the integrity, speed, or security of our hosting infrastructure.
- Account Sharing & Fraud: Fraudulently sharing your login credentials or license codes on public websites, warez forums, or social media to allow unauthorized third parties to access paid products.
12. Copyright Complaints & Intellectual Property Inquiries
We respect the intellectual property rights of others and expect our users to do the same. If you believe in good faith that any content, software, audio arrangement, or material available on our Website or Services infringes your copyright or other intellectual property rights, please submit a written notification to our designated Copyright & IP Contact:
Designated Copyright & IP Contact:
Sasha Gimpelson
Music Games International Company, Inc.
418 Broadway STE N
Albany, NY 12207-2922
USA
Email: gimpelson@weekendangel.com
Required Notice Information:
To ensure prompt review and investigation, please provide a written notice containing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property interest;
- Identification of the copyrighted work or proprietary material claimed to have been infringed;
- Identification of the material on our Services claimed to be infringing, with sufficient detail to allow us to locate it;
- Your contact information, including your legal name, physical address, telephone number, and email address;
- A statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner.
Upon receipt of a substantiated written notice, we will investigate the matter promptly and take appropriate corrective action where warranted.
13. Third-Party Platforms (Apple & Google App Store Terms)
When you access our games through applications downloaded from the Apple App Store or Google Play Store, you acknowledge and agree that:
- These Terms are between you and Music Games International Company, Inc. only, and not with Apple Inc. or Google LLC.
- Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to our applications.
- To the maximum extent permitted by applicable law, Apple and Google have no warranty obligations whatsoever with respect to our applications.
- Apple and Google, and their respective subsidiaries, are third-party beneficiaries of these Terms as they relate to your license to use the applications, and upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries.
14. Account & Access Restrictions
- Protection of Legitimate Accounts: We will never arbitrarily or discriminatorily suspend or terminate legitimate customer accounts in good standing.
- Cause for Restriction: We reserve the right to restrict, deactivate, or revoke license keys or account access solely for documented cause, including:
- Legitimate chargebacks, payment fraud, or unauthorized payment disputes;
- Verified unauthorized redistribution, resale, or public posting of license codes;
- Deliberate attempts to hack, compromise, reverse engineer, or launch denial-of-service attacks against our servers;
- Violations of federal, state, or international intellectual property laws.
- Notice & Opportunity to Cure: Whenever technically feasible and commercially reasonable, we will provide you with email notice describing the nature of the violation and a reasonable opportunity to resolve the issue prior to permanent license revocation.
15. Disclaimer of Warranties
- “AS IS” Provision: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, SERVICES, DIGITAL PRODUCTS, AND GAMES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS.
- Exclusion of Implied Warranties: THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
- No Guarantee of Uninterrupted Operation: THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE COMPLETELY ERROR-FREE, UNINTERRUPTED, SECURE, OR COMPATIBLE WITH EVERY FUTURE HARDWARE OR BROWSER CONFIGURATION, OR THAT DEFECTS WILL BE IMMEDIATELY CORRECTED.
- Consumer Protections Preserved: SOME JURISDICTIONS (INCLUDING CERTAIN PROVISIONS OF NEW YORK STATE LAW) DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR STATUTORY CONSUMER GUARANTEES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTHING IN THIS SECTION SHALL DIMINISH YOUR STATUTORY CONSUMER RIGHTS THAT CANNOT BE CONTRACTUALLY WAIVED.
16. Limitation of Liability
- Cap on Monetary Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF MUSIC GAMES INTERNATIONAL COMPANY, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, THE WEBSITE, OR ANY PURCHASED GAME EXCEED THE ACTUAL PURCHASE PRICE PAID BY YOU TO THE COMPANY FOR THE SPECIFIC GAME OR PRODUCT AT ISSUE (OR TO THE GREATEST EXTENT PERMITTED BY LAW FOR FREE OFFERINGS LIKE MINI NUTCRACKER).
- Exclusion of Consequential & Indirect Damages: TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COMPUTER FAILURE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Essential Basis of the Bargain: YOU AGREE THAT THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE SERVICES AND DIGITAL PRODUCTS WOULD NOT BE PROVIDED ON THE SAME ECONOMIC TERMS WITHOUT SUCH LIMITATIONS.
- Non-Waivable Consumer Rights Preserved: CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES (SUCH AS GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR STATUTORY PRODUCT DEFECTS). NOTHING IN THIS SECTION RESTRICTS ANY LIABILITY THAT CANNOT BE LAWFULLY EXCLUDED UNDER APPLICABLE LAW.
17. Governing Law & Dispute Resolution
- Governing Law: These Terms, and any dispute, controversy, or claim arising out of or relating to this Agreement, your use of the Website, or our games, shall be governed by, construed, and enforced in accordance with the laws of the State of New York, United States of America, without giving effect to any conflict of law principles that would result in the application of the laws of any other jurisdiction.
- Jurisdiction & Venue: Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the state or federal courts located in Albany County, New York, and each party irrevocably submits to the personal jurisdiction and venue of such courts.
- No Mandatory Arbitration: In accordance with Company policy, these Terms do NOT impose mandatory arbitration. Both you and the Company retain the full right to bring claims before a court of competent jurisdiction.
- No Class Action Waiver: In accordance with Company policy, these Terms do NOT contain a contractual class action waiver. Both parties preserve all procedural rights available under applicable court rules and statutory law.
18. Miscellaneous Provisions
- Entire Agreement: These Terms, together with our Privacy Policy and any product-specific purchase receipts or order confirmations, constitute the entire agreement between you and Music Games International Company, Inc. regarding your use of the Services, superseding all prior or contemporaneous communications, representations, or proposals.
- Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is impossible, and the remaining provisions of these Terms shall remain in full force and effect.
- No Waiver: No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
- Modifications to Terms: We reserve the right to amend these Terms from time to time to reflect modifications in our software, updates to statutory law, or changes in business operations. When amendments occur, we will post the revised Terms on our Website with an updated “Last Updated” date. Continued use of our Services following the posting of revised Terms constitutes your acceptance of the changes.
- Electronic Communications: By using our Services, registering an account, or purchasing a game, you consent to receive communications from us electronically (such as email order receipts, license keys, transfer verification codes, and customer support responses). You agree that all electronic agreements, notices, and communications satisfy any legal requirement that such communications be in writing.
19. Contact Information
If you have any questions, comments, or concerns regarding these Terms & Conditions, please contact us at:
Music Games International Company, Inc.
(d/b/a Kids Music Games International)
Corporate Address:
418 Broadway STE N
Albany, NY 12207-2922
USA
Customer Support & Technical Inquiries: help@kidsmusicgames.com
Legal & Corporate Affairs: gimpelson@weekendangel.com
Primary Website: https://www.kidsmusicgames.com
