TERMS OF SERVICES
A user includes all persons interacting or accessing the website Musicalité or the Plateform Toutoui, and the audience experiencing the results of a Musicalité experience.
By accessing, visiting, or browsing our Website and/or our Educational Platform you accept and agree to these terms and conditions and Privacy Policy. If you do not agree to it, do not use this Educational Platform.
a) Applicable Law and Jurisdiction
Those who choose to access platform do so on their own initiative and is responsible for compliance with all applicable laws including any applicable local laws. These terms will be interpreted in accordance with the laws of the Province of Quebec, Canada, including all matters of construction, validity, performance, and enforcement, without giving effect to any principles of conflict of laws. You agree that any action at law or in equity arising out of or relating to this Statement or the Applications shall be filed, and that venue properly lies, only in the provincial or federal courts located in Montreal, Quebec.
b) Use of content
All information, materials, functions and content contained on our websites are our copyrighted property. All Content provided is protected by Canada and international copyright, trade secret or other intellectual property laws and treaties. All Musicalité trademarks, service marks, trade names, and trade dress are proprietary to us.
Except as we specifically agree in writing, no content may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Platform except that where you’re enable to download of particular Content, you may download one copy of such Content to a single computer or mobile device for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any non-Musicalité products, services or brands. We grant you a limited, non-exclusive, non-transferable, license to access the Content as a user. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
c) Disclaimer and Limitation of Liability
The content on or otherwise related is provided “as is” and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility and noninfringement. We do not warrant that any content will be error-free, that access thereto will be uninterrupted that defects will be corrected, or that any applications or the servers that make such content available are free of viruses or other harmful components. Moreover, you assume the entire cost of all necessary servicing, repairs or correction. We do not warrant or make any representations regarding the use or the results of the use of any content. You hereby irrevocably waive any claim against us with respect to content and any content you provide to third-party sites (including credit cards and other personal information).
d) Warranty Disclaimer
To the maximum extent permitted by applicable law, Musicalité services are provided “as is” without warranties, conditions, representations or guaranties of any kind, either expressed, implied, statutory or otherwise, including but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, title, noninfringement or fitness for a particular purpose. Musicalité does not warrant that its services will be uninterrupted or error free or that the services will operate in combination with any other hardware, software, system or data. You agree that your use of Musicailté services is at your sole risk. No oral or written information or advice given by a Musicalité authorized representative will create a warranty.
EXCLUSIONS AND LIMITATIONS
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this statement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
e) Content accessible through links from our Platform or Website
You should be aware that when you are on our platform, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different Terms of Service and Privacy Policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products that you purchase from a third-party site that links to or from any platform or third-party content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
f) Payments
If you choose to make a purchase or subscribe to a feature or service of ours that requires a fee, you will be required to provide us with your payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”). Such Payment Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of service, and we do not obtain access to any Payment Information in connection with such purchases or subscriptions.
g) Modification
We may change these terms and conditions from time to time. By accessing the Platform after we make any such changes to these terms of use, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the information is governed by the terms of use in effect at the time we collect the information. Please refer back to these terms of use on a regular basis.