Agreement regarding the use of Metal Music Tool

Thank you for choosing Metal Music Tool (hereinafter the "Application").

This Agreement contains the following headings

  • Object & confirmation of acceptance
  • Definitions
  • Right of use
  • User account and Identifiers
  • Service provisions
  • Intellectual property
  • Confidentiality of personal information
  • Other sites
  • liability
  • General provisions
    • Amendments
    • Assignment
    • Termination
    • Applicable law and Resolution of disputes
    • Entire agreement
    • Communications

Confirmation of acceptance

These terms and conditions constitute an agreement between you and AL (the "Service Provider" or "us" or "we") regarding your access to the Application and use of the Services (the "Agreement").

This version of the Agreement has been in force since January 1st 2017.

This Agreement is legally binding and applies once you begin to access the Application or use the Services, create a user account or confirm your acceptance hereof electronically. You represent and warrant that you are authorized to accept this Agreement, both on your own behalf and on behalf of anyone you represent.

If you do not accept all of the provisions of this Agreement regarding the use of the Services you have chosen, or if you are not authorized to accept them, you may not access or use any of the Services.

By creating a user account, you are confirming that both the electronic address provided by you and your user account are active addresses at which you agree to receive documents intended for and sent to you by us, and that the sending of a document to that address or user account creates a presumption that you received the document.

Definitions

When used in this Agreement, the following terms mean :

  • Agreement: This Agreement, and specific conditions of the Services used as they may be modified from time to time.
  • Document: Any file in any format and or any support.
  • Data: Any information created, generated, communicated or stored through the use of the Application or otherwise in the course of performance of this Agreement
  • Service provider or "we", "us" or "our": Metal Music Tool, a corporation
  • Services: Access and use of the Application on a mobile device or through the Website in accordance with the specific conditions of service you have chosen.
  • Website: Means the website accessible at metalmusictool.com, the mobile application offering similar functionalities or any other website operated by the Service provider or one of its affiliates.
  • User, or "you": Means you and the person or corporate entity you are authorized to represent.

Right of use

You are authorized to use the Services only as expressly provided in this Agreement  and all applicable laws.

Any access to or use of the Services for purposes of resale or lease to a third party is prohibited. To the extent you are acting for a partnership or a corporation with share capital, you hereby warrant that you are duly authorized to conclude this Agreement on its behalf.

We can suspend your right to access the Services, or unilaterally terminate this Agreement, if you do not comply with it or the Terms and Conditions of the Services you select, or if you engage in inappropriate use of the Services.

Framing, mirroring, scraping or data-mining of the Services or the Website or the content thereof in any form or manner whatsoever are prohibited. The use of peer-to-peer transfer or collaborative viewing and display technologies in conjunction with your use of the Services.

When accessing or using the Services, you must refrain from any act or activity that could affect the accessibility, security, integrity or functionality of the Website or the systems or networks of the Service Provider or any of its subcontractors, as well as any unauthorized attempt to access the Data or Documents of other users.

We reserve the right to monitor your use of the Services. We may also from time to time ask for your opinion and comments on the quality of the Services and may use the information you provide in that regard for its own operational and promotional purposes.

We may modify the Services or parts thereof without notice.

User account and identifiers

The Services are accessible only to users to whom a user name and password (together, the “Identifiers”) have been issued by the Service provider or you in accordance with the applicable conditions. For the purposes of accessing the Services, the Identifiers shall remain our property and may be cancelled or suspended at our discretion without notice at any time, without the Service Provider thereby becoming liable to you or any other person.

In order to create a user account, you must provide the information requested, and then validate your registration by following the instructions sent to you by email. You undertake not to assume the identity of a third party or create a false identity, and to update the information provided in the event of any change thereto. The Service Provider may deny access to the Services to any user whose provided information proves to be false or inaccurate.

The Service Provider is under no obligation to verify the identity or authority of any person who uses the Identifiers to access the Services. The Service Provider may give effect to and act in accordance with any communication made or instruction given using the Identifiers. You are solely responsible for the use made of the Services, and any access or use of the Services through the Identifiers shall be deemed to have been by you. The Service Provider nevertheless may, at its sole discretion and at any time, insist on proof of the identity of any person seeking to access and use the Services, and may deny such access and use in whole or in part, or refuse to give effect to any communication, if not satisfied with the proof of identity provided.

Once the Identifiers are issued to you: (a) you are fully responsible for keeping the Identifiers and any use thereof confidential and secure; (b) you must maintain the confidentiality and security of the Identifiers at all times and not disclose them to any third party or allow any third party to use them; (c) you must ensure that any use of the Identifiers complies with this Agreement; (d) once you have accessed the Services using the Identifiers, you must not leave the computer terminal used to access the Services without having ended your session and closed the browser window you used, and (e) if you suspect that your Identifiers have been lost, stolen or are known to or being used by a third party, you must immediately inform us by email at contact@metalmusictool.com.

Service Provisions

We will grant you access and provide the Services in accordance with the plan you choose.

Fees and Payments

All fees listed in our site are in Canadian dollars.

Payment must be made through the accepted method of payment. We assume no responsibility with regards to the payment processing conducted by third parties such as Paypal.

Payment of fees are final and will not be reimbursed.

Your content

You are responsible for the content you create, transmit, host, broadcast or make available in connection with your use of the Services. You retain all your rights in such Documents. However, by entering any Data or submitting any Document, you thereby give the Service provider (or warrant that the owner of the rights therein does so) and its successors, for the duration of this Agreement, an irrevocable, unlimited, non-exclusive, world-wide, assignable, royalty-free licence (which may be sub-licensed) to use, reproduce, transmit, host and save such Data and Documents solely for the purposes of providing the Services, and you agree, represent and warrant that you waive (or warrant that the owner of the rights therein waives) all moral rights in such Data and Documents in favour of the Service Provider and its successors.

You warrant and represent that you own or all rights, copyrights and all other intellectual property rights in the content, and undertake to defend, indemnify and hold us harmless in the event of any third party claim alleging that your content infringes their rights.

We reserve the right to block access to your content, suspend your access rights and terminate this Agreement in the event any of your use of the Services or any content related therewith is illicit, infringes third party rights or causes prejudice to us or a third party.

Technical issues

Security (Confidentiality, Integrity, Accessibility, Backup)

The Service Provider ensures the integrity of Documents created, transmitted or hosted in connection with the use of the Services, through the use of, inter alia, a user authentication mechanism and transmission and hosting with hardware and software security levels that meet industry practices.

Access and availability

The Service Provider strives to ensure the highest accessibility of the services. However, the Service Provider cannot guarantee uninterrupted access to the Services or the Website. The Service Provider reserves the right to interrupt access to and provision of the Services, as well as access to the Website, including without limitation for the following reasons:

  • Performing maintenance in connection with the Services, including updates;
  • Upgrading and installing new features;
  • Verifying and auditing the proper performance and use of the Services;
  • Actual or apprehended outages.

The Service Provider will notify you of scheduled or ongoing interruptions to the Services and will strive to limit their duration.

Allocation of disk space

The Service Provider reserves the right to allocate a maximum quantity of disk space and a maximum quantity of Data that you may store on its servers.

Support, maintenance and updates

The Service Provider offers support services via email. If you experience difficulties using or accessing the Services, you must take all reasonable steps to determine the source of the problem before contacting our support services.

The Service Provider will use reasonable efforts to install updates and make them available within a reasonable period of time. Updates may entail modifications to performance and/or features that may have a negative impact on the Services. The Service Provider cannot foresee or be held responsible for service interruptions or changes in performance or features following an update. In such an event, however, The Service Provider will use reasonable efforts to rectify the situation as soon as possible after being notified.

Backup copies

The service provider makes backup copies of Data and Documents entered, transmitted and hosted in conjunction with use of the Services, but cannot guarantee that no Data or Documents will be lost while being transferred to or while on our servers, and cannot be held responsible in any way for any damage resulting from such loss. It is accordingly your responsibility to keep viable copies of Data and Documents entered, transmitted or created in conjunction with your use of the Services.

Intellectual property

Ownership of rights

The Services (including all content, headers, graphics, icons, and scripts, and the layout, arrangement, coordination, image enhancement and any other information in the scripts, graphics, audio and video clips, images, icons, software, designs, applications, data and any other element available in or through the Services) are the property of The Service Provider and are protected by Canadian and international copyright, trademark and other laws. Your use of the Services does not give you any property rights or any other right whatsoever in or in respect of the Services.
You may not copy, reproduce, republish, download, display, transmit, modify, index, catalog, decompile, make a mirror image copy or distribute the Services, in any manner whatsoever, in whole or in part, without the written consent of the Service Provider.

Licence

You grant us a worldwide, non-exclusive, perpetual, irrevocable license in your Document and Data in order to exercise all reproduction, publishing, broadcasting, adapting, making and including in a compilation rights and all rights required for the provision of the Services, including promotion of the Site and Services in social media and performance of this Agreement and you grant us a licence to exercise any other rights of intellectual property, including a license to use your name or any trademark reproduced or used in connection with your Document and Data for the purpose of the provision of the Services and performance of this Agreement and you waive the exercise of all moral rights in relation to all Documents and Data. This license includes the right to make reproductions for replication for backups and security.

Marks

Certain names, words, phrases, logos, icons or designs appearing on the Website are trademarks of the Service Provider. Those trademarks are protected in Canada and other countries. On the Website and in the Services, the trade-marks of the Service Provider are accompanied by a symbol such as ®, TM or some other indication that The Service Provider is the owner thereof.
No wording in the Services or anywhere else is to be interpreted as expressly or impliedly giving you a licence or right to use these marks or images, unless otherwise expressly stipulated in this Agreement. Any other use is strictly prohibited.

Our marks include : Metal Music Tool and the following images/logos:

Software and applications

The Service Provider may provide you with software, applications or other tools that you can download in order to access and use the Services, or to facilitate such access and use. Such software, applications and tools are protected by copyright and may be protected by patent. The downloading, use and updating of same are governed by the specific user agreement, if any, that applies to each of same. By downloading software, an application or other tool, your will be confirming your acceptance of such applicable user agreement. You are not authorized to copy, modify, distribute, sell or lease such software, applications and tools in whole or in part. Nor are you authorized to reverse-engineer same or attempt to extract the source code thereof.

Confidentiality and protection of personal information

We will collect, use and disclose your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and our Privacy Policy.

We may modify this Confidentiality Policy from time to time by posting a notice to that effect on the Website. By accepting this Agreement, and each time you use the Services, you will be consenting to the collection, use and disclosure of your personal information by us in accordance with PIPEDA and our Privacy Policy.

We  undertake to notify you forthwith if an event occurs that could compromise the confidentiality or security of your Personal Information, including any instance of hacking by a third party. In such event, you shall take all action necessary to minimize any harm, loss or damage that might ensue.

Other sites

The Services may include links or references to the websites of other resources or businesses operated by third parties (collectively, “Other Sites”). The Other Sites are independent of THE SERVICE PROVIDER and we have no control over and are accordingly not responsible in any way for their content or related products, services or activities.

Unless otherwise expressly indicated, the Service Provider neither sponsors nor recommends Other Sites and their content or related products, services or activities. If you access Other Sites and do business with their operators, you do so entirely at your own risk, and you hereby waive any right to make any claim against the Service Provider in respect thereof.

The Service Provider reserves the right to require the withdrawal or deletion of any hypertext link to the Services or the Website.

Extent of responsability and warranty and limitation of liability

We do not and cannot assume any responsibility for the content published, broadcasted or made available through the use of our Services.

The service provider undertakes, to the extent commercially reasonable, to provide access to the Services and ensure their availability, but assumes no obligation of result in that regard. In accordance with its obligation of means, The service provider undertakes to deploy such resources and use such processes and technology as are appropriate in order to provide the Services optimally, in accordance with this Agreement.

The service provider assumes no responsibility in that regard other than as may be expressly stipulated herein, and will take no steps to verify the compliance or validity of your Documents.

Disclaimer of liability

You will be accessing and using the services without any representation or warranty on the part of the service provider other than as expressly stipulated herein, and you hereby waive any right to claim the benefit of any such other representation or warranty.

You hereby acknowledge that the service provider assumes no responsibility and cannot be held liable for your use of the services or that of any third party, or for any inability or impossibility to use or access the services, or for any documents created through, transmitted to or hosted by the services.

The service provider expressly excludes any warranty, other than as may be expressly provided under this agreement, of any kind whatsoever, including without limitation as to the quality, fitness for any particular purpose, or performance of the services.

Liability limitation

The service provider will in no event be liable towards you or any other person whatsoever for any loss or damage of any kind, including without limitation, lost data, documents, revenue, profits or goodwill, or damage to reputation, whether or not foreseeable, whether contractual or extra-contractual, attributable or related to your use or the unavailability of the services, notwithstanding that the service provider may have been advised of the possibility of such damages.

You accordingly agree to assume and, as the case may be, bear the risk of possible shortcomings or temporary unavailability of the services.

Indemnification

You hereby undertake to indemnify and hold the service provider harmless from and against any claim of any kind by any third party for damages, or for any type of recovery, in connection with the content of documents hosted or transmitted by or through the services. You expressly undertake to indemnify the service provider for any fees, costs, charges, indemnities or expenses that the service provider may have incurred in connection therewith, including the professional fees of its legal counsel and other advisors.

General provisions

Amendments

The Service Provider may amend this Agreement and the Terms and Conditions from time to time, and we will advise you of any amendment by posting a notice on the Website or sending you a notice in conjunction with your use of the Services. By accessing or using the Services after such notice has been posted or sent, you will be confirming your consent to being bound by the Agreement and the Terms and Conditions applicable to the Services you select as amended. If you do not consent to the amendment, you must cease all use of the Services. In the event of any conflict between this Agreement and the applicable Terms and Conditions, the latter shall prevail.

Assignment

The Service Provider may assign its rights and obligations under this Agreement. You, however, may not assign your rights and obligations under this Agreement, or the privileges associated with your user account, in any form or manner whatsoever.

Termination

The Service Provider may, at its discretion and at any time, without prior notice and without incurring any liability towards you or any other person, terminate this Agreement or revoke your authorization to access and use the Services. In that event, however, The Service Provider will endeavour to give you prior notice and allow you to recover your Data and Documents.

In particular, but without limitation, such termination will occur if you fail to make a payment in accordance with the Terms and Conditions, otherwise fail to comply with this Agreement or the Terms and Conditions or make any unauthorized use of the Services, or if it becomes necessary to do so in order to prevent or avoid the occurrence of any harm, damage or loss.

If this Agreement or your authorization to access or use the Services in whole or in part is terminated for any reason whatsoever, this Agreement as well as any other agreement then in effect between you and THE SERVICE PROVIDER will continue to apply and bind you in respect of your pre-termination access to and use of the Services and any matter related thereto.

Upon expiration or termination of your subscription , Your user account will remain accessible for a further 60-day period following the effective date of termination of this Agreement. During that period, it will be your responsibility to recover and save the Data and Documents entered and hosted through the Services. Upon the expiration of that 60-day period, your user account and the Data and Documents so hosted will be deleted.

Applicable law and Resolution of disputes

This Agreement, including your right to access and use the Services, as well as any other related matter, are governed by the laws applicable in the Province of Ontario. Any dispute between you and THE SERVICE PROVIDER arising out of the Services, this Agreement or any matter related thereto will be submitted to the competent court sitting in and for the judicial district of Ottawa, province of Ontario.

Entire agreement

This Agreement and its Terms and Conditions replace and supersede any other agreement, written or oral, that may have been in effect between you and the Service provider

Communication

We may send you information and offers in connection with its services to the address you provided when your user account was created, or any other address you subsequently provide.

You can contact us here.