Terms of Service

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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

General

  • 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 Registration

  • 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
  • Stellar      Music Online Media Inc. respects the privacy of its Customers. Please      refer to the Service Privacy Policy for more details. This policy, which      may be updated from time to time by Stellar Music Online Media Inc. in its      discretion, is incorporated into these terms and conditions by this      reference

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

International Use

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:david@beta.tootyr.com or via postal mail at the address provided below with regards to these Terms.

Stellar Music Online Media Inc., Inc.
422 Parliament St.
Toronto, ON
M5A 2H6

Tel: 647-385-5355