Terms of Service Agreement

This Terms of Service Agreement (the "Agreement") is an agreement between you (the "User") and Artistry of Music. ("Artistry of Music", "we", or "us"). We provide Users with an interactive web system intended for use by musicians, artistist, teachers as well as Schools. The purpose of this intent is to provide musicians and musical organizations a means to better educate and promote their services. Our service provide an ecommerce portal ,hosting service, design templates, and content management system, as well as support. This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us. By using the Site in any way you are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site.

1. What We Own

All material and services available on the Site, and all material and services provided by or through Artistry of Music, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, and graphics associated with site design are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Artistry of Music trademarks and service marks, logos, slogans and taglines are the property of Artistry of Music. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Artistry of Music without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

2. Rights to Use What We Own

Subject to this Agreement, Artistry of Music hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials through a user identification reference provided by Artistry of Music ("User ID") to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. It is the responsibility of the User to accurately maintain the content in their account regarding merchandise sold. Failure to do so may result in the cancellation of your account and loss of Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement.

4. Giving Us Access to Other Accounts and Services

Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.

5. Comments and Feedback

Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us ("Comments") are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.

6. Monitoring What You Provide Us

Artistry of Music may, but has no obligation to, monitor Content on the Site or websites created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Artistry of Music or its customers, or operate the Services properly. Artistry of Music, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. Artistry of Music may, in its discretion, also require you to place all or any portion of the Content behind password protection. If Artistry of Music has requested Content be placed or has placed Content behind password protection, you may not publish the password or similar information in any way that limits the effectiveness of the password. If Artistry of Music requests that you place any Content behind password protection and you fail to do so promptly, Artistry of Music may (a) place such Content behind password protection itself, or (b) immediately terminate this Agreement.

7. Copyright Complaint Policy

If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.

Rules:
You agree to all of the following:

1. You hereby certify that you are at least 18 years of age.
2. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
3. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading, human trafficking, or distribution of any legal or illegal pornographic material.
4. You will not use the Services or Materials if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
5. You will not use the Services or Materials to impersonate another person.
6. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Artistry of Music without our express written permission.
7. You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
8. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Artistry of Music user to access the Services.
9. You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
10. You may not upload individual files larger than 168MB.
11. You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
12. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Artistry of Music.
13. You will not attempt to or actually override any security component included in or underlying the Materials or Services.
14. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Artistry of Music’s infrastructure.
15. You will not publish Content, or links to Content, that is:
    i. Pornographic, sexually explicit, or violent.
    ii. Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
    iii. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
    iv. Breaches another’s privacy.
16. You will not publish Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
17. You verify that your country of residence is the same as your billing address. Artistry of Music may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If Artistry of Music reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.

9. Selling Through Artistry of Music

Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by Artistry of Music (such goods and services, “Commericial Products”). We are merely providing the platform for buyers and sellers to negotiate and complete transactions for these Commercial Products. When a buyer purchases Commercial Products, payments will be processed through our third party payment service provider. Buyers of Commericial Products will be provided a notice when entering their payment information directing them to the third party payment service provider’s terms of service and privacy policy. These payment services are governed solely by the third party provider’s terms of service and privacy policy. We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in this Agreement, you must follow the rules listed below when offering, selling or purchasing Commercial Products.

1. You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the U.S. Items identified as “not for distribution within the United States” may not be sold using the Services.
2. You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
3. You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
4. You may not offer or sell any Commercial Products that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of this Agreement.
5. You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon an individual’s privacy or that may be libelous, slanderous or otherwise defamatory.
6. You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission. Without limiting anything else in this Agreement, we may immediately remove Content related to the offer or sale of Commercial Products in violation of this Agreement. If you sell a Commercial Product using our Services, then you must, upon our request, (i) use commercially reasonable efforts to stop the delivery of the Commercial Products to the buyer, or (ii) pay a refund for such Commercial Products to the buyer.

9b. Refunds

If a transaction or purchase through your site is subject to a refund or reverse charges to the user you will be subject to pay Artistry of Music any money due the user including fees or penalities. If this in not done in a timely manner your site may be terminated.

10. Fees and sign up policy

Each new account will have a 30 day free trial period. Within that time the User must officially sign up the account. This can be done in the User's admin section. Upon signing the billing cycle shall begin. The user can select from 3 individual packages.

• Basic - 8$ per month (no students)
• Basic - 10$ per month (up to 10 students)
• Standard - $20 per month (up to 25 students)
• Premier - $30 per month ( unlimited students)

Payment can be made with a credit card online as an annual payment or the User may also elect for a monthly bank withdrawal. If the monthly fee is not paid Artistry of Music may deem the account inactive thus taking it offline.

Artistry of Music will provide an ecommerce component to your site. Products purchased through the gateway shall be charged 2.9% + 30 cents per transaction.

In addition some purchases may incur a small use fee of .05% - 1%. Steps to reactivate an account

1. Before deactivating an account the owner will be given notice via email 7 days prior.
2. The owner will have 7 days to respond before any action will be taken.
3. To reactivate the account a reactivate fee of $200 will be required.

11. Taxes

Artistry of Music shall pay Texas state sales for Users residing in the state of Texas. Any fees or taxes outside this scope will be the responsibility of the User.

12. Termination

1. Services may be terminated by us, without cause, at any time.
2. Artistry of Music may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
3. Notice of termination of Services by Artistry of Music may be sent to the contact e-mail associated with your account. Upon termination, Artistry of Music has the right to delete all data, files, or other information that is stored in your account.

13. ERRORS AND ACCESS TO SITE

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR WEBSITE; INCLUDING PRODUCT PRICING, AND PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU FURTHER UNDERSTAND THAT Artistry of Music MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.

14. Third Party Websites; Third Party Services; No Implied Endorsement

The Site may contain links to other web sites owned by third parties ("Third Party Sites"). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You may also have the ability through the Site to login to accounts that you have for services provided by third parties (“Third Party Services”) or to link accounts for Third Party Services to your Artistry of Music account. Artistry of Music is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a Artistry of Music account. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites and/or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the Site. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the Site to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

15. Termination/Exclusion

We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, Artistry of Music has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.

16. Indemnification

You agree to indemnify, hold harmless, and defend Artistry of Music and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or anyone using your account’s) use of the Services, the Site or the Materials, (ii) your Content, or (iii) any Commercial Products you offer on or through the Site or using our Services. This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

17. Amendments

We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Site that we have changed this Agreement. If you have an Artistry of Music account, we may (but are not required to) provide you with notice via the email address that we have on file for you that we have changed this Agreement. You and we both understand that sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to frequently visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Site (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement Agreement and its Amendments in effect at the time the new services and/or features are offered..

18. Disputes

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of Texas without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Texas, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

19. Privacy

We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions. Please also note that certain information, statements, data and content (such as photographs) which you post to the Site are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge and agree that your submission of such information is voluntary on your part. Further, you acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion Disclosures of user information to third parties are further addressed in the Privacy Policy.

20. Other

You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to Artistry of Music as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Artistry of Music shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Artistry of Music in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction. In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Artistry of Music, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.

22. Miscellaneous

1. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
2. If we fail to enforce any of this Agreement, it will not be considered a waiver.
3. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
4. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
5. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
6. This Agreement does not confer any third party beneficiary rights.
7. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.