As a user of
the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related features
of the Services, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use
of the Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass,
abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of
abuse or misconduct.
- Use
the Services in a manner inconsistent with any applicable laws
or regulations.
- Engage
in unauthorized framing of or linking to the
Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and
enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions,
operation, or maintenance of the
Services.
- Engage
in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of
another user.
- Upload
or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or
“pcms”).
- Interfere
with, disrupt, or create an undue burden on the Services or the
networks or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to
you.
- Attempt
to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the
Services.
- Copy
or adapt the Services’ software, including but not limited to
Flash, PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising
or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services,
or use or launch any unauthorized script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating
user accounts by automated means or under false
pretenses.
- Use
the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating endeavor or commercial
enterprise.
5. USER
GENERATED CONTRIBUTIONS
The Services
does not offer users to submit or post content.
You and Services
agree that we may access, store, process, and use any information and personal data
that you provide following the terms of the Privacy Policy and your choices
(including settings).
By submitting
suggestions or other feedback regarding the Services, you agree that we can use and
share such feedback for any purpose without compensation to you.
7. GUIDELINES FOR REVIEWS
We may provide you
areas on the Services to leave reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive profanity,
or abusive, racist, offensive, or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin, age, marital
status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors if
posting negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post reviews, whether positive or
negative.
We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no obligation
to screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or partners. We do not
assume liability for any review or for any claims, liabilities, or losses resulting
from any review. By posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable
right and license to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to review.
8. SERVICES
MANAGEMENT
We reserve the right,
but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2)
take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to,
limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice,
or liability, to remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of the Services.
9. PRIVACY
POLICY
We care about data privacy
and security. Please review our Privacy Policy: https://staumpmusicschool.com/privacy-policy/.
By using the Services, you agree to be bound by our Privacy Policy, which is incorporated
into these Legal Terms. Please be advised the Services are hosted in the United States. If
you access the Services from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from applicable laws in the United
States, then through your continued use of the Services, you are transferring
your data to the
United States, and you expressly consent to have your data transferred to and
processed in the
United States. 10. TERM
AND TERMINATION
These Legal Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third party, even if
you may be acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
11. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Services at any time or for any reason at our
sole discretion without notice. However, we have no obligation to update any information on
our Services. We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Services, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Services at any time or for any reason without notice to you. You agree
that we have no liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in connection
therewith.
12. GOVERNING
LAW
These Legal Terms and
your use of the Services are governed by and construed in accordance with the laws of the
State of California applicable to agreements made and to be entirely performed within the State of
California, without regard to its conflict of
law principles.
13. DISPUTE
RESOLUTION
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the
“Disputes”) brought by either you or us (individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at least __________ days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to the
other Party.
Any
dispute arising out of or in connection with these Legal Terms, including any question regarding
its existence, validity, or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause. The number of arbitrators shall be
__________. The seat, or legal place, or arbitration shall be __________. The language of the
proceedings shall be __________. The governing law of these Legal Terms shall be substantive law
of __________.
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative capacity on behalf of the general
public or any other persons.
- Exceptions to Informal Negotiations and Arbitration
The
Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
14. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
15. DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. INDEMNIFICATION
You
agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms; (4)
your violation of the rights of a third party, including but not limited to intellectual
property rights; or (5) any overt harmful act
toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us, and
you agree to cooperate, at your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
18. USER
DATA
We
will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although
we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
19. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic
means.
20. CALIFORNIA
USERS AND RESIDENTS
If
any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
21. SMS
CONCERT ALERTS
By
opting in to receive SMS alerts from Staump Productions, INC, you agree to the following
Terms and Conditions: 1. Consent to Receive SMS Alerts: By providing your mobile
phone number and opting in to receive SMS alerts, you give explicit consent to Staump
Productions, INC to send you promotional messages, updates, and alerts related to
concerts and events. You acknowledge that message and data rates may apply, and you are
responsible for any charges incurred from your mobile service provider.
2. Opt-Out and Unsubscribe: If you wish to stop receiving SMS
alerts, you can opt-out at any time by texting “STOP” to (619) 333-7204. After doing so,
you will no longer receive any SMS messages from Staump Productions, INC unless you
explicitly opt back in.
3. Message Frequency: You acknowledge and agree that message
frequency may vary and may not always be consistent. Staump Productions, INC will make
reasonable efforts to limit the number of SMS messages sent to you.
4. Content and Participation: By receiving SMS alerts, you
agree not to use the service for any illegal, abusive, or unauthorized purposes. You
further agree not to interfere with or disrupt the operation of the SMS service or
violate any network or system connected to the service.
5. Supported Carriers: Our SMS alerts are available on major
mobile carriers in the USA. Standard messaging and data rates may apply.
6. Privacy and Data Collection: We will collect and process
your personal information in accordance with our Privacy Policy, which can be found on
our website https://staumpmusicschool.com/privacy-policy/.
We will use the information you provide solely for the purpose of sending you SMS alerts
and related communications. 7. Changes to Terms: Staump Productions, INC reserves the
right to update or modify these SMS Terms and Conditions at any time. Any changes will
be effective immediately upon posting the revised version on our website or sending you
an SMS notification about the updated terms.
If
you have any questions or concerns regarding these SMS Terms and Conditions, please contact
our customer support team at info@staump.com. By
opting in to receive SMS alerts from Staump Productions, INC, you acknowledge that you have
read, understood, and agreed to these Terms and Conditions. 22. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or in respect
to the Services constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these Legal Terms shall not operate
as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of a provision
of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these Legal Terms will not be
construed against us by virtue of having drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal Terms and the lack of signing by
the parties hereto to execute these Legal Terms.
23. CONTACT
US
In
order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
Staump Productions,
INC
9530 Pathway St
#104, Santee, CA 92071, USA
Santee, CA
92071
United States
Phone:
(+1)619-333-7204
info@staump.com
