The Site is owned and operated by 3by400, Inc.
Purchases and Refund Policy
Learning media and single tracks are available for the price listed at time of purchase. Downloads are available for 15 days from time of purchase. Purchases can be downloaded a maximum of 50 times. Purchases may be downloaded to multiple devices and/or burned to CD, but ownership of titles is not transferable.
Due to the nature of downloadable media, all sales are final and refunds cannot be given.
Intellectual Property Protection
Recordings are for educational purposes only. Purchasing these recordings does not constitute purchase of, nor permission to reproduce or perform these arrangements. Please make sure that you have paid for all arrangements that you use! Mechanical Licensing Fees are the responsibility of the purchaser, not of the producer. These recordings may be maintained on purchaser's website provided they are password protected for members only or they may be shared via email or CD with all members of purchasing group, but are for non-commercial use only.
Use of KimKraut Content
You may retrieve and display the Kim Kraut Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Kim Kraut Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Kim Kraut:
- reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the 3by400 Content, or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the KimKraut.com Content (including use as part of any library, archive or similar service) without the prior written consent of 3by400, or
- Any use of the KimKraut.com Content not specifically permitted above is expressly prohibited.
Third Party Transactions
You may use the Site to purchase products or services from 3by400's third party partners. In that event, your contract for such products will be with the third party partner and not with 3by400.
The purchase of learning tracks on this site does not constitute payment for licenses and/or fees required to publically perform the arrangement. These fees are paid to the arranger, not to 3by400. Upon purchase of learning media from KimKraut.com, a notification to the arranger is automatically generated that allows them to track the purchase of learning media for their arrangements that appear on the site. No monies are exchanged between 3by400 and these arrangers.
Term and Termination
3by400 may, in its discretion, terminate or suspend your access to all or part of the Sites (including any right to access and use the KimKraut.com Content) with cause by delivering notice to you.
Changes to the Sites
3by400 reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the KimKraut.com Content available on the Site at any time.
Registration, Passwords and Responsibilities
No Warranty, Disclaimer of Liability and Indemnity
3by400, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the KimKraut.com Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Changes to these Terms
Advertising, Third Party Content and other websites
Parts of the Site may contain third party content. Content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. 3by400 is not responsible for any third party content. The Sites may contain links to other websites. 3by400 is not responsible for the availability of these websites or their contents.
Assignment of Agreement
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices to 3by400 must be given in writing by letter and sent to 3by400’s last known place of business in Kansas City, MO (for the attention of the General Counsel).
Severability/Survival/Statute of Limitations
Governing Law and Jurisdiction
Information Collection and Use
KimKraut.com collects personal information when you register with KimKraut.com, our membership website, and when you visit KimKraut.com’s public website.
When you register with KimKraut.com we ask for information such as your name, e-mail address, zip code, and singing affiliations. Once you register with KimKraut.com and sign in to KimKraut.com, you are not anonymous to us.
KimKraut.com automatically receives and records information on our server logs from your browser, including your IP address, KimKraut.com cookie information, and the page you request.
Information Sharing and Disclosure
KimKraut.com does not rent, sell, or share personal information about you with other people or nonaffiliated companies except when we have your permission, or under the following circumstances:
- A subset of information provided to arrangers that allows them to track potential arranger fee violations. This is a requirement by a small number of arrangers in order to allow that learning tracks be offered for their arrangements; or
- When we respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; or
Confidentiality and Security
We take all reasonable precautions to keep your personal information secure and we have put in place physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
Links to other websites
The KimKraut.com public website and our membership website, KimKraut.com, contain links to other websites; however, we are not responsible for the privacy practices or the content of such websites and do not make any representation as to the existence, sufficiency, accuracy or completeness of their websites or privacy policies.
Questions and Suggestions
If you have questions or suggestions, please contact us at KimKraut.com.