Terms and Conditions
Effective date: July 1, 2015
These Payment Terms (the “Payment Terms”) set forth an agreement between you and The Smash Room LLC d/b/a The Smash Room Project (“The Smash Room”, “we”, “us” or “our”) with respect to the subscription services and other paid services made available by The Smash Room. The Smash Room Project’s website is located at (the “Site”). We collectively refer to the Site, the services, features, content and software applications, including the The Smash Room Project mobile application (the “Application”), as the “Services.” These Payment Terms supplement the Terms and Conditions governing your use of the The Smash Room Project (the “Terms and Conditions”), which are incorporated here by reference. Any capitalized terms used in these Payment Terms and not defined here will have the meanings set forth in the Terms and Conditions.
You may only open a The Smash Room Project account and/or use the Services if your acceptance of these Payment Terms is not prohibited by applicable law. As noted in the Terms and Conditions, you must be 18 years of age or older in order to use the Services. If you are under age 18, you may not use the Services under any circumstances or for any reason. By opening an account, downloading the Application, and/or otherwise using the Services, you represent that you are at least 18 years old.
If you do not agree to these Payment Terms, you may not subscribe to the Services or otherwise obtain paid services (including access to the video library) made available by The Smash Room Project. By using any part of the Services, or by creating a user account, you signify your acceptance of these Payment Terms. You should review these Payment Terms each time you subscribe for, order and/or purchase any subscription or other paid services offered by The Smash Room Project. If we make amendments to these Payment Terms, we will post a notice on the Services. You will be deemed to have accepted these Payment Terms, as amended, if you continue to use the Services after said notice has been posted.
Certain parts of our Services (including access to our video library) may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you by us in the process of using or signing up for The Smash Room Project Paid Services are deemed part of this Agreement. You agree to pay for and authorize us to charge your payment method for the cost of Paid Services, including applicable taxes and fees.
Reaffirmation of authorization
Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method (defined below) the applicable subscription price, if any, for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to receive payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Free trials and other promotions
The Smash Room Project may provide you IF DECIDED with the option to enroll in a free trial offer of our Services. The free trial offer is governed by the Payment Terms, the Terms and Conditions, and the terms presented to you when you sign up for the offer.
Some of our free trial offers may convert to a paid subscription if you do not cancel before the free trial ends. In those circumstances, we may ask you to provide an applicable billing payment method to register for the free trial offer to the subscription service provided on or through the Services. You agree that The Smash Room Project may obtain a pre-authorization for the full subscription price that you will be automatically charged if you complete the free trial and continue the subscription service. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges, and you agree that The Smash Room Project will not be responsible for any results, such as an overdraft fee, that may occur to your account with a financial institution as a result of such authorizations. If you cancel your subscription during the free trial, you will not be charged for the subscription price. You authorize The Smash Room Project to continue your subscription until cancelled and, on a recurring monthly basis, to charge the payment method you provided the then-current monthly cost of your subscription if you do not cancel during the free trial period.
Any free trial or other promotion that provides access to a Paid Service must be used within the specified trial period. You must stop using a Paid Service and cancel your Subscription before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at
To use The Smash Room – as a paid subscriber or as part of an unpaid trial run — you will need to create an account and provide certain registration information. As per our Terms and Conditions, you acknowledge that you are responsible for keeping your account and password secure, with carefully restricted access. You agree to accept responsibility for all purchases and other activities that occur under your account. The Smash Room Project reserves the right to deny or cancel orders, and The Smash Room Project may, in its sole discretion, terminate or su
spend accounts. In the event that The Smash Room Project terminates your account due to a actual or suspected violation of the Terms and Conditions or Payment Terms, products and services purchased in according with these Payment Terms or Terms and Conditions may be forfeited without any refund.
The Smash Room Project accepts various forms of payment, as set forth on the Study Gateway Site from time to time. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. By subscribing to The Smash Room Project or submitting an order for other paid services offered through the Services, you authorize The Smash Room Project, or its designated payment processor, to charge the account you specify for the purchase amount. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. All payments are to be made in the currency designated by us.
We use a third-party payment processor (the “Payment Processor”) to bill the payment method you provide (your “Billing Account”) for use of the Paid Services . The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
If you enroll for subscription-based Paid Services, you authorize The Smash Room Project or its payment processor to charge the applicable recurring subscription fees to your designated billing payment method. When you initially subscribe to such Paid Services, you will be charged immediately for the initial period of the subscription at the then-current fee. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring periodic charges as specified on the Services. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
WE MAY SUBMIT PERIODIC CHARGES FOR SUBSCRIPTION-BASED PAID SERVICES (E.G., MONTHLY FEES) WITHOUT OBTAINING ANY FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO MY ACCOUNT.
Current information requirement
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR MY ACCOUNT PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Auto-renewal for subscription services
Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or terminate your Subscription Services at any time, go to My Account or contact customer service at: . If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Canceling paid subscriptions
To cancel an ongoing, paid Individual subscription, please go to My Account and follow the process described therein. Once you have cancelled your subscription, Study Gateway will stop billing you until and unless you re-subscribe under your account or any other. Any and all fees paid and charges made prior to cancellation or termination of your account are nonrefundable. If you have a recurring monthly subscription, all subscription amounts previously paid – including the amount paid for the month in which the cancellation occurs – are nonrefundable.
For Group Subscription cancellations, please contact customer service at: or contact customer service at:
If The Smash Room Project believes that you have violated these Payment Terms or the Terms and Conditions, we may suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. All fees paid hereunder are non-refundable. The Smash Room Project may also in its sole discretion, and at any time, modify or discontinue the subscription service, or any part thereof, with or without notice. You agree that The Smash Room Project is not liable to you or any third-party for any interference with, or termination of, your access to the subscription service.
We may also deactivate your account without notice to you if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on the The Smash Room Project Site or Application.
The Smash Room Project is accessible on compatible mobile devices. An Internet enabled mobile device on which you have downloaded our applicable mobile Application is required. Standard data and usage charges instituted by your mobile carrier may apply (and are not included in any subscription fee paid to (The Smash Room Project) and you are solely responsible for such charges. Check with your mobile carrier regarding the terms of your individual data or usage plan.
Mobile use abroad
The Smash Room Project does use some data, and an Internet connection is required to download books. Most mobile carriers charge a fixed monthly price for data services, and the terms of your data plan may change when traveling abroad. Your carrier may charge additional fees or higher rates for data usage if you do not have an international plan. It is your responsibility to contact your mobile carrier before traveling to another country. The Smash Room Project is not responsible for any additional charges incurred when you use the Services abroad.
For help with billing questions or other order inquiries, please email:
Effective date: October 31, 2018
The Smash Room llc ("us", "we", or "our") operates the website and the the smash room or smash family mobile application (the "Service").
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Use of Data
A.Randolphmusic llc uses the collected data for various purposes:
To provide and maintain the Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer care and support
To provide analysis or valuable information so that we can improve the Service
To monitor the usage of the Service
To detect, prevent and address technical issues
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure Of Data
A.Randolphmusic llc may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of The Smash Room LLC
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.