By indicating your acceptance of these Terms of Service (“Terms”), you (“Customer”,”You”) acknowledge and agree to be bound by the provisions of this agreement for the use of the Tootyr services (“Services”) provided by Stellar Music Online Media Inc., Inc (Stellar Music Online Media Inc.). If you are not willing to be bound by these terms and conditions do not click the box next to “I Agree to the Terms of Service” box. By clicking this box or by using or accessing the service, you agree to be bound by the following terms and conditions. Stellar Music Online Media Inc. reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: http://musicschoolmaster.com/terms.
Provision of Service
- Stellar Music Online Media Inc. will provide Customer access to the Service which will permit the processing, retrieval, and transmission of transaction data submitted by Customer (the “Customer Data”) pursuant to the terms of this Agreement. Stellar Music Online Media Inc. may change Service features and functionality, as well as the terms and conditions of this Agreement, from time to time. Notice of such changes will be posted on the Tootyr Web site (the “Web Site”), which Customer will review periodically
- Customer is responsible for its own compliance with this Agreement, including without limitation the compliance of its employees, officers, agents, and any third party Customer invites to participate in the Service
- You must be 18 years and older to use the Service.
- You must be a human. Accounts registered by ‘bots’ or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your Account may only be used by one person; a single login shared by multiple people is not permitted.
- One person or legal entity may not maintain more than one free (trial) Account.
- You are responsible for any activity that occurs under your login and on your Account.
- You are responsible for keeping your password secure.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Stellar Music Online Media Inc. or musicschoolmaster.com.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Stellar Music Online Media Inc.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You are responsible for all Content posted and activity that occurs under your Account.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). International users agree to comply with all local laws regarding online conduct and acceptable content.
- We reserve the right to refuse Service to anyone for any reason at any time.
- This Agreement, including any documents incorporated herein by reference, merges all prior written and oral communications and defines the entire agreement of the parties concerning the Services
- In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties
- All notices under this Agreement shall be in writing and delivered by email or in writing
- This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. Each party submit to the exclusive jurisdiction of the state and federal courts located in Massachusetts, and irrevocably waive any right that such party may have to assert the such forum is not convenient or that any such court lacks jurisdiction
- Customer agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause Stellar Music Online Media Inc. irreparable harm and Stellar Music Online Media Inc. may obtain injunctive relief as well as seek all other remedies available to Stellar Music Online Media Inc. in law and in equity
- Customer shall not transfer or assign this Agreement or Customer’s rights under this Agreement. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives
- The failure of Stellar Music Online Media Inc. to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement. The provisions of this Agreement relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this Agreement for any reason
- The U.N. Convention for the Sale of Goods shall not be applicable to this license of the Services to Customer
- The section titles in this Agreement are for convenience only and have no legal or contractual effect
- Questions about the Terms should be sent to legal@Stellar Music Online Media Inc..com.
Payments, upgrading and downgrading
- The service is billed on a monthly basis one week before the end of the month.
- The billing amount is calculated as a flat fee of $50 plus 15¢ for every active student as of the billing date
- Monthly charges are due on the first of the month following the billing month
- Credit cards on file will be charged automatically on due dates
- Account cancellation will take effect immediately and prorated service charges will be billed on cancellation day
- All payments will be in U.S. dollars
- Customer agrees to pay all state and local sales, use, property, or other taxes arising from Customer’s use of the Service (collectively, “Chargeable Taxes”), except for taxes on Stellar Music Online Media Inc.’s net income which may be assessed against Stellar Music Online Media Inc. with respect to this Agreement. Stellar Music Online Media Inc. may include Chargeable Taxes in its invoices, in which event Customer will pay to Stellar Music Online Media Inc. the taxes so invoiced
- All overdue balances and accounts will be forwarded to Dun & Bradstreet on the 60th day of non-payment
- Customer agrees that all payments will be made to Stellar Music Online Media Inc. via credit or debit card, including MasterCard, VISA, or American Express. Stellar Music Online Media Inc. may change the credit cards accepted at any time, at its sole discretion. Customer’s name and address as it appears on Customer’s Stellar Music Online Media Inc. account must also be on the credit account from which Payment is made. If Customer provides a credit card number that Stellar Music Online Media Inc. accepts for payment of Customer’s monthly bills, Customer is authorizing Stellar Music Online Media Inc. to charge the amounts Customer owes, then or later, to that credit card account and to demand immediate payment from the card issuer. Customer also agrees to pay, under the terms of Customer’s agreement with the card’s issuer, the amounts charged to Customer’s credit card. Every time Customer uses Stellar Music Online Media Inc. Services, Customer re-affirms that Stellar Music Online Media Inc. is authorized to charge Customer’s card. Customer agrees to authorize Stellar Music Online Media Inc. to charge purchases made online to the credit card account supplied to Stellar Music Online Media Inc. when the subscription was initiated, or the card that Stellar Music Online Media Inc. has on file when the purchase is made. Customer agrees to pay all costs and expenses, including without limitation attorney’s fees, incurred by Stellar Music Online Media Inc. to collect any monies due under terms of this Agreement
- You are solely responsible for properly administering your Account. You can cancel your account at any time
Changes to Service or Prices
- Stellar Music Online Media Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services are subject to change upon 30 days notice. Such notice will be posted on the Web Site in addition to being emailed to all users paying a fee.
- Stellar Music Online Media Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Limitations on Use of Service and Service Software
- As used herein, “Software” refers to any software incorporated into the Service. Customer will not, and will not permit, assist, or allow others to, reverse engineer, decompile, disassemble, re-engineer, or otherwise discover, recreate, or attempt to discover or recreate the Software or its source code. Customer will not modify or attempt to modify the Software or sublicense or charge others to use or access the Software or the Service. Customer will not use the Software or the Service in any way not expressly authorized by this Agreement
- Customer acknowledges that the Services is not intended for permanent storage and agrees not to use the Service for archiving or back-up purposes. Customer will not store “mission critical” data on the Service, including without limitation data pertaining to power generation, military or national security, or any function to sustain or rescue the health or well-being of any person
Stellar Music Online Media Inc.’s Proprietary Rights
- As between the parties, Stellar Music Online Media Inc. shall retain all right, title and interest to the Services including all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation with respect to all technology used in connection with or provided as part of the Services
- Customer may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. Customer may not allow any third party to access the Services for any purpose whatsoever
- The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this Agreement
- Customer may not grant any sublicense, lease or other right in the Services to any third party. All rights not expressly granted under this Agreement are retained by Stellar Music Online Media Inc.
- Customer agrees to provide true, accurate, current and complete data to Stellar Music Online Media Inc. upon signing up for the Services and at subsequent times as requested by Stellar Music Online Media Inc.
- If Customer provides data that is, or that Stellar Music Online Media Inc. suspects to be, false, inaccurate, not current or incomplete, Stellar Music Online Media Inc. has the right to suspend or terminate Services and refuse any and all current or future use of all Services, or any portion thereof
- Customer registration data will not be provided to third parties, unless required by law, or in the event Customer grants Stellar Music Online Media Inc. the right to provide that information
- Customer shall maintain and promptly update the registration data as applicable
- Upon completion of all registration information and acceptance of this Agreement, Customer’s account will be activated.
- Customer is solely responsible for the maintaining the confidentiality of Customer’s password, and will be responsible for all transactions and activities that occur as a result of Customer’s disclosure of such password, whether or not such transactions and/or activities were authorized by Customer
- Customer shall not give account information to third parties and shall at all times be responsible and liable for any transactions or activities that occur on Customer’s account
- Customer shall immediately notify Stellar Music Online Media Inc. if any unauthorized use of Customer’s account has occurred or of any other breach of security
Limited Warranty; Limitation of Liability
- Stellar Music Online Media Inc. warrants that the Service will be provided with due care. EXCEPT FOR THE FOREGOING, STELLAR MUSIC ONLINE MEDIA INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE. Furthermore, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL STELLAR MUSIC ONLINE MEDIA INC. BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SAVINGS, OR OTHER INDIRECT, SPECIAL, COVER, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO THE USE OR INABILITY TO USE THE SERVICE. In no event will Stellar Music Online Media Inc.’s total liability for damages, losses, or causes of action, whether in contract or tort, including without limitation negligence, either jointly or severally, exceed the aggregate dollar amount paid by Customer to Stellar Music Online Media Inc. in the three (3) months prior to the claimed injury or damage
- Stellar Music Online Media Inc. is not liable for the accuracy, truthfulness, or validity of any data entered by Customer or provided through the Service. Stellar Music Online Media Inc. is not liable for the loss of any Customer Data
- Customer’s sole and exclusive remedy, if it is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Stellar Music Online Media Inc. is to discontinue using the Service
Interruption of Service
- STELLAR MUSIC ONLINE MEDIA INC. WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO INTERRUPTION OF, OR DEFECTS IN TRANSMISSION OF, THE SERVICE, including without limitation interruptions or defects due to inability to access the Internet or any part thereof, equipment modifications, upgrades, relocations, or repairs. No reduction of payments and/or refunds will be made in the case of temporary interruption of or defects in transmission of the Service
- Stellar Music Online Media Inc. will not be liable for interruption of or delays in transmission of the Service caused by acts of God, fire, water, riots, acts of Government, acts or omissions of Internet backbone providers, or any other causes beyond Stellar Music Online Media Inc.’s control
Stellar Music Online Media Inc. makes no representation that materials on its web site(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Customer agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which Customer resides.
Modification to Agreement
Stellar Music Online Media Inc. reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service or its successor site.
- Use of the Services signifies Customer’s agreement to all terms, conditions and notices contained or referenced herein. Continued use of any part of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes, and all changes shall thereupon become binding upon the Customer
- If Customer does not agree to the changes, Customer shall immediately cease all use of the Services
Communications with Stellar Music Online Media Inc.
Customer may provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to Stellar Music Online Media Inc.. Such information shall be deemed non-confidential and Stellar Music Online Media Inc. assumes no obligation to protect such information from disclosure. The submission of such information to Stellar Music Online Media Inc. shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas by Stellar Music Online Media Inc. for any purpose whatever. Stellar Music Online Media Inc. shall be free to reproduce, use, disclose and distribute such information to others without restriction. Customers shall have no recourse against Stellar Music Online Media Inc. for alleged infringement or misappropriation in connection with any information or materials submitted to Stellar Music Online Media Inc. hereunder.
Please contact us by e-mail at mailto:email@example.com or via postal mail at the address provided below with regards to these Terms.
Stellar Music Online Media Inc., Inc.
422 Parliament St.