Welcome to our website. This site is maintained by Starlight Music, LLC as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use.
PLEASE READ THESE TERMS OF USE AND THE INCORPORATED NOTICES CAREFULLY AND IN THEIR ENTIRETY BEFORE CONTINUING TO USE STARLIGHT MUSIC’S WEBSITE, SERVICES OR PRODUCTS. BY ACCESSING AND CONTINUING TO USE OUR WEBSITE, SERVICES OR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (AS MAY BE MODIFIED FROM TIME TO TIME) AND ALL INCORPORATED NOTICES AS SET FORTH BELOW.
ARBITRATION NOTICE: THIS TERMS OF USE AGREEMENT REQUIRES THAT ANY DISPUTE BETWEEN US WILL BE RESOLVED BY THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS. EXCEPT FOR CERTAIN EXCEPTIONS, SET FORTH BELOW, YOU WAIVE ANY RIGHTS THAT YOU MAY HAVE TO A TRIAL BY JURY IN A COURT OF LAW OR TO PARTICIPATE IN CONSOLIDATED OR CLASS ACTIONS OR CLASS-WIDE ARBITRATION.
TERMS OF USE
These terms of use (“Terms of Use”) and incorporated notices are a binding agreement between STARLIGHT MUSIC, LLC and Users of STARLIGHT MUSIC, LLC’S Website governing the access and use of our website located at starlightmusic.com and any related websites, applications, services or products that STARLIGHT MUSIC, LLC offers.
1. DEFINITIONS:
The following terms shall have the meanings set forth below throughout these Terms of Use and Incorporated Notices, unless it is expressly stated to the contrary:
“Booking Agreement” means the contract between STARLIGHT MUSIC and a Client or on the Client’s behalf, pursuant to which the Client receives STARLIGHT MUSIC’S Services and Products, such as when a Client books one of STARLIGHT MUSIC’S bands for a private event.
“STARLIGHT MUSIC”, “We”, “Us” or “Our” means STARLIGHT MUSIC, LLC and its subsidiaries, affiliates, directors, officers, divisions, agents, employees, licensors, service providers and representatives.
“Website” means STARLIGHT MUSIC’S website located at starlightmusic.com, and any related website, application, webpage, widget, interactive feature, blog, social network, social network tabs or other online, mobile or wireless offerings that post a link to these Terms of Use no matter how they are accessed.
“Services” means any service, materials, or resources that are made available or accessed through or in connection with the Website, including, but not limited to the performance by a STARLIGHT MUSIC band at an event.
“Products” means any physical, electronic, or virtual products that are offered through or in connection with the Website.
“User”, “You”, or “Your” shall mean any individual or entity that accesses or uses the Website, Services or Products. User Account shall mean the account created by certain Users as a condition of, and a means to access or use pcertain portions and functions of Our Website or arrange for Services or Products.
“Client” means an individual, or other entity, and/or their authorized employees or agents who act on their behalf, who has established a User Account to enable them to explore and/or book one of STARLIGHT MUSIC’s elite bands to perform at the Client’s private event. “Incorporated Notices” shall mean the additional policies and terms that apply to Users including:
Privacy Notice
Copyright and Intellectual Property Notice
Accessibility
Dispute Resolution by Arbitration
2. ACCEPTANCE OF TERMS OF USE
By visiting, using, browsing, posting, offering content to the Website, accessing, or using the Services or Products, or “clicking” the accept/agree button, You accept and agree to be bound by, without limitations or qualifications, these Terms of Use and Incorporated Notices. Each use by You shall constitute and be deemed Your unconditional acceptance of this Terms of Use.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR INCORPORATED NOTICES, PLEASE DO NOT VISIT THE WEBSITE OR USE ANY STARLIGHT MUSIC SERVICES or PRODUCTS
3. STARLIGHT MUSIC’S WEBSITE, SERVICES AND PRODUCTS
The Website is owned and operated by STARLIGHT MUSIC, LLC, a New York Limited Liability Company headquartered in New York, New York. STARLIGHT MUSIC is a live music production company that provides Clients with the opportunity to select, hire, and make arrangements (“book”) STARLIGHTMUSIC’S elite bands and performers to perform at the Client’s private events. Our newly redesigned website is a full-service, online solution that enables all Users to view STARLIGHT MUSIC band performances or obtain information about which band they may wish to hire to perform at an upcoming event. The Website and related Services and Products may also enable Our Clients to book their selected band, communicate regarding their preferences, scheduling and deadlines and process payments and make other arrangements through the interactive Website features.
4. ACCESS TO THE WEBSITE, SERVICES and PRODUCTS
Portions of the Website are generally publicly available and may be accessed by You or any Internet User. There are other sections of the Website and related Services and Product that offer additional functionality and access to otherwise restricted portions of the Website. For example, sections of the Website may enable Clients to access Our Services and Products, such as to explore details about the band(s) a Client is considering, the band’s availability, repertoire, fees, etc., to communicate with STARLIGHT MUSIC concerning their band selection and performance information, review signed documents, to store the Client’s preferences, or to post comments or interact with STARLIGHT MUSIC. These sections, services and functions will only be available to a Client, when you create a “User Account” after You register, by providing requested information, and then log in using Your Email and a unique password that You create for that purpose.
As consideration for Your access and/or use of the Website, Services or Products, You, as Client, authorize Us to access, use, process and receive information, personally identifiable information, privileged, confidential, sensitive or proprietary information, exclusively for the purposes of providing access to the Website, or providing Services or Products, or as otherwise provided in Our Privacy Policy.
For further information, see Paragraph 15 below and the incorporated Privacy Notice.
5. BOOKING AGREEMENT
As a condition of booking a band for a private event, or receiving any Service or Product offered by STARLIGHT MUSIC, You are required to enter into an Booking Agreement with STARLIGHT MUSIC. The Booking Agreement will include such information as the particulars of Your private event, such as its date, time and location, the name of Your selected band, Your special requests, schedules, and deadlines, if any, and the commercial terms, such as fees, payment dates, etc. between You and Us. These Terms of Use are incorporated into and an integral part of any Agreement between the Client and STARLIGHT MUSIC and provide additional contract terms and promises under which the Client agrees to access and/or use the Website, Services and Products.
STARLIGHT MUSIC will not have any obligation, is not required to and will not provide any band or other Service or Product to anyone, unless and until, there is a mutually acceptable Booking Agreement, executed by You and Us and You have paid any deposit, fees or other money, if any, due thereunder.
6. DISCLAIMER OF WARRANTIES
You agree that Your access and use of the Website, Services or Products are solely at your own risk. The Website, Services and Products are provided by STARLIGHT MUSIC on an “as is” and “as available” basis.
EXCEPT AS MAY BE OTHERWISE NOTED IN THESE TERMS, STARLIGHT MUSIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIAL OR PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. STARLIGHT MUSIC DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, OR THE SERVICES OR PRODUCTS OFFERED IN CONNECTION THEREWITH, WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS. STARLIGHT MUSIC DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE OR SERVICES OR PRODUCTS WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. STARLIGHT MUSIC MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, SERVICES OR PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STARLIGHT MUSIC SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE DISCLAIMERS AND EXCLUSIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL STARLIGHT MUSIC BE LIABLE FOR YOUR USE OR MISUSE OF THE WEBSITE, SERVICES OR PRODUCTS PROVIDED IN CONNECTION THERE WITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDINGNEGLIGENCE) OR OTHERWISE (EVEN IF STARLIGHT MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR SERVICES OR PRODUCTS PROVIDED IN CONNECTION THEREWITH, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STARLIGHT MUSIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PROSPECTIVE BUSINESS ADVANTAGE, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE USE OR MISUSE OF, UNAVAILABILITY OF OR INABILITY TO USE THE WEBSITE OR SERVICES OR PRODUCTS OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT, INCLUDING NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF STARLIGHT MUSIC, (EXCEPT ARISING EXCLUSIVELY FROM STARLIGHT MUSIC’S INTENTIONAL CONDUCT OR GROSS NEGLIGENCE) AND EVEN IF STARLIGHT MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STARLIGHT MUSIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PROSPECTIVE BUSINESS ADVANTAGE, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE USE OR MISUSE OF, UNAVAILABILITY OF OR INABILITY TO USE THE WEBSITE OR SERVICES OR PRODUCTS OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT, INCLUDING NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF STARLIGHT MUSIC, (EXCEPT ARISING EXCLUSIVELY FROM STARLIGHT MUSIC’S INTENTIONAL CONDUCT OR GROSS NEGLIGENCE) AND EVEN IF STARLIGHT MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. OWNERSHIP OF WEBSITE AND ITS CONTENT
The Website is owned and operated by STARLIGHT MUSIC. All of the information and content featured or displayed on the Website, including but not limited to keywords, specialty tags, text, illustrations, artwork, video, music, trademarks, logos, charts, graphs, illustrations, or articles are owned by or licensed to STARLIGHT MUSIC or its affiliates, business partners, or licensors. STARLIGHT MUSIC reserves the right to amend, change, alter, enhance, remove, or cease to provide access to the Website or its content at any time, without prior notice to any user.
11. STARLIGHT MUSIC’S INTELLECTUAL PROPERTY
STARLIGHT MUSIC owns any and all intellectual property rights arising out of, related to, or in any way connected with STARLIGHT MUSIC’s Website, Services and Products, all contents, materials, or resources related thereto, the Website’s and/or Service’s and/or Product’s content, logos, slogans, service marks or trademarks, etc. (“STARLIGHT MUSIC Intellectual Property”). You cannot use the STARLIGHT MUSIC Intellectual Property without first obtaining STARLIGHT MUSIC’S express and specific written permission. Nothing on the Website shall be construed as granting a license or right to use the STARLIGHT MUSIC Intellectual Property without Our permission.
12. YOUR LICENSE TO ACCESS AND USE THE WEBSITE AND SERVICES AND PRODUCTS
Subject to Your acceptance of, and compliance with these Terms of Use and Incorporated Notices, as may be periodically amended, STARLIGHT MUSIC hereby grants You a non-exclusive, non-transferable limited license to access and make personal non-commercial use of the Website, the Services and Products and their contents only to the extent commensurate with Your role as a Client. This license does not entitle You to any resale or commercial use of the Website, the Services or Products, or their contents; any derivative use of this Website, Services or Products or their contents; any downloading or copying of account information for the benefit of any person other than to enable the functions of the Website, Services and Products and then, only for that purpose; or any use of data mining, robots or similar data gathering and extraction tools, which are expressly forbidden for any purpose whatsoever. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or offer for sale any information contained on, or obtained from Website, the Services or Products or any portion thereof. STARLIGHT MUSIC will investigate and take appropriate legal action, including civil and criminal redress, for any misuse and fraudulent activity on the Website.
13. USER COMMUNICATIONS TO STARLIGHT MUSIC
Unless otherwise protected by United States law, all communications sent by You to Us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to Us (including, but not limited to, any patentable ideas, new content suggestions or business proposals) unless We have mutually agreed otherwise in writing and in advance of You sending them. Any ideas, new content, or business proposals that We receive unsolicited will be treated as property owned by STARLIGHT MUSIC and will not be returned to You.
14. THIRD-PARTY LINKS
The Website may contain links to third-party websites. Third-party links are provided for Your convenience and as a courtesy to You. Third-party websites are not owned, operated, or controlled by STARLIGHT MUSIC. You agree that STARLIGHT MUSIC is not responsible for the content or functionality contained on any such third-party website and that You waive any and all claims against STARLIGHT MUSIC as to any loss incurred as the result of Your access or use of such third-party website.
15. USER ACCOUNTS AND PASSWORD
You are required to establish Your User Account in order to access certain portions of the Website, receive or administrate Services or Products, make use of certain Website functionality, offer User Content, etc. To do so, You will be required to create a unique password to be used with Your email address to access Your User Account. You may also be required to provide additional information about You as part of Your User Account. You are responsible for maintaining the confidentiality of Your User Account information, (including Your unique Password) and for all activity that occurs under Your User Account. We will assume that anyone who uses Your User Account is You and will therefore have all the same rights and privileges that You have. You will be responsible for any posts, or any other activity that occurs using User Account.
Remember, You are in the best position to protect Your User Account.
Do not share Your Password or allow anyone else to use it. You agree to notify STARLIGHT MUSIC immediately upon learning of any unauthorized use of Your User Account, or Password or any other breach of Website security. However, You may be held liable for losses incurred by STARLIGHT MUSIC or any other User of or visitor to the Website due to another person using Your User Account or Password.
You may not use anyone else’s User Account or Password at any time without the express permission and consent of the holder of that account or password. You may not use another’s Username, at any time, with or without the consent of the User, so as to give the impression, express or implied, that You are that User. STARLIGHT MUSIC cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
16. SMS TEXTS, MOBILE COMMUNICATIONS
When You provide Your phone information to STARLIGHT MUSIC, such as when establishing Your User Account (or as You may update from time to time), You warrant that the information You provide is true, complete and accurate, and that you are the current subscriber or owner of any telephone number that you provide. By voluntarily providing Your telephone number(s), You also expressly agree to receive prerecorded voice messages, and/or autodialed calls and Short Message Service text messages (“SMS”) or other mobile messaging communications from Us, our agents, affiliates, and independent contractors. (collectively “SMS Service”) By consenting to STARLIGHT MUSIC’s SMS Service, You agree to receive recurring SMS/text messages service-related and promotional messages, including updates, alerts and information; promotions specials and other reminders; from and on behalf of STARLIGHT MUSIC via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Message frequency may vary. We do not charge for the SMS Service, but standard message and data rates may apply from your wireless carrier.
Your use of the SMS Service constitutes your agreement to these terms and conditions. We may modify or cancel the SMS Service or any of its features without notice. To the extent permitted by applicable law, We may also modify these Terms of Use at any time and your continued use of the SMS Service following the effective date of any such changes shall constitute your acceptance of such changes.
You understand that You do not have to sign up for the SMS Service to make any purchases, and your consent is not a condition of any purchase with STARLIGHT MUSIC. Your participation in the SMS Service is completely voluntary. You may cancel the SMS Service at any time. Text the keyword STOP to the telephone number, long code, or short code that sends You our initial confirmation message to cancel. After texting STOP to the telephone number, long code, or short code that sends You Our initial confirmation message, You will receive one additional message confirming that your request has been processed. You acknowledge that Our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that STARLIGHT MUSIC and its service providers will have no liability for failing to honor such requests. If You unsubscribe from one of our text message programs, You may continue to receive text messages from STARLIGHT MUSIC through any other programs You have joined until You separately unsubscribe from those programs.
You acknowledge that You are aware that SMS messages are not fully secure and could be intercepted by a third party. You acknowledge that if You share Your mobile device with others, they may be able to view Your SMS texts. It is Your responsibility to understand the risks of receiving text messages on Your mobile device.
To the extent permitted by applicable law, You agree that We will not be liable for failed, delayed or misdirected delivery of any information sent through the Service, any errors in such information and/or any action You may or may not take in reliance on the information or SMS Service.
Message and data rates may apply for any SMS texts sent to You from Us and to Us from You. If You have any questions about Your text plan or data plan, it is best to contact Your wireless provider. .
17. EMAILS
When You provide Your email address to STARLIGHT MUSIC, such as when establishing Your User Account (or as You may update from time to time), You warrant that the information You provide is true, complete and accurate, and that you are the current subscriber or owner of the email address that you provide. By voluntarily providing Your email address, You also expressly agree to receive emails from Us, our agents, affiliates, and independent contractors, concerning Our Products, Services, offers, sales, promotions and Your Product or Services Purchases, or inquiries regarding the same, etc. You may set Your email preferences by accessing Your User Account and selecting which types of emails you would like to receive. If you wish to opt-out of receiving certain emails from Us You may do so by changing the settings in Your User Account or clicking “unsubscribe” on the bottom of each email You receive and follow the directions contained therein. Please give us reasonable time to effectuate the changes You request. However, there are certain types of emails, such as concerning Your Booking Agreement, Your event particulars and status, and Your Payment for the same, which You may not opt-out of receiving. .
18. WEBSITE SECURITY
We limit Our collection of Your personal information, personally identifiable information, and other sensitive information, to that necessary for our Users to access the Website and its functions, and the Services and Products offered by STARLIGHT MUSIC, or to improve Your and other Users’ experience. We take commercially reasonable precautions to collect personal information in a secure manner and transmit it via a secure internet channel. By accessing and using the Website, Services or Products, You consent to the collection, use and disclosure of Your information, as set forth in the incorporated Privacy Notice, as appropriate. You represent and warrant that You own, license, or have permission, authorization and/or legal purpose to possess, access, use, store, process or share all materials (that You have provided to Us or have requested from Us for the purposes for which it has been provided or requested.
Users also have responsibilities to maintain the security of the Website, Services and Products. You are prohibited from violating or attempting to violate the security of the Website or any Service or Product by (a) accessing information not intended for You or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, provider, host or network, including but not limited to, submitting any malware, virus to the Website. overloading, “flooding,” “spamming,” “mail‑bombing” or “crashing” or other malicious or illegal act of any description. You shall not use any device, software, script or routine to interfere or attempt to interfere with the proper working of Website or any activity being conducted on the Website. You shall not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than through generally available third-party web browsers (for example, Microsoft Edge, Firefox, Google Chrome, etc.)
STARLIGHT MUSIC reserves the right to investigate and take such action as it deems necessary regarding any activity that it suspects is intended to violate the security of the Website, Services and Products. If, at STARLIGHT MUSIC’s sole discretion, it appears that You have violated the Terms of Use or acted in any way that interferes or is intended to interfere with the functioning of the Website, Service or Product, or another’s lawful access and use thereof, STARLIGHT MUSIC may take any action it deems appropriate to prevent further interference, including but not limited to immediate suspension and/or cancellation of Your access thereto. You may be civilly or criminally liable for such violations. STARLIGHT MUSIC will cooperate with law enforcement authorities in prosecuting any individual or entity involved in such violations.
19. CONTENT CONTRIBUTED BY YOU OR OTHER USERS
From time to time, STARLIGHT MUSIC may provide opportunities for You to communicate with others through the Website, Services or Products, such as through blogs, chat rooms, endorsements, postings, emails, etc. (“User Content”) STARLIGHT MUSIC reserves the right to accept, reject, or remove any and all User Content at its sole discretion and for any reason. You understand and agree that STARLIGHT MUSIC’s exclusive role in connection with User Content is solely as an Internet Service Provider and that STARLIGHT MUSIC is not and will not be liable for any User Content or any Website content that is authored or submitted by anyone other than STARLIGHT MUSIC.
You understand and agree that by submitting User Content, You are consenting to its public dissemination. As a condition of Your submission of User Content to the Website, You hereby warrant, promise, and agree that:
a) You have registered with STARLIGHT MUSIC after providing complete and accurate personal and contact information as required for registration of a User Account and that the information You have provided is up to date and accurate when You submit User Content for consideration;
b) You own or have all necessary licenses, rights, consents, and permissions to use and to authorize STARLIGHT MUSIC to use Your User Content, including, but not limited to, any necessary patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights in the User Content;
c) You have the written consent, release, and/or permission of each identifiable individual person in the User Content to use and to authorize STARLIGHT MUSIC to use the name or likeness of each such identifiable individual person in the User Content;
d) By submitting the User Content to STARLIGHT MUSIC You agree to be bound by all terms set forth in these Terms of Use and Incorporated Notices;
e) You have the right to, and hereby, assign to STARLIGHT MUSIC a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your User Content in any media formats and through any media channels in connection with STARLIGHT MUSIC’s Website, Services or Products;
f) You hereby agree to indemnify and hold harmless STARLIGHT MUSIC from any and all claims of whatever nature that may arise from, in connection with, or be related to, Your User Content, including, but not limited to, any claim that You made an impermissible use of the User Content, did not have the necessary licenses, permissions or releases for Your User Content or lacked the requisite authority to grant STARLIGHT MUSIC permission or license as to the use of Your User Content as provided for above.
20. USER WARRANTIES
As a User, You agree that You will not, under any circumstances, use the Website or any related Services or Products provided by STARLIGHT MUSIC to do the following:
(i) You will not make available any material that is protected by another’s copyright, trademark, trade secret, or other intellectual property right, or is otherwise subject to third-party proprietary, privacy or publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant STARLIGHT MUSIC all required license rights. For further information see STARLIGHT MUSIC’S COPYRIGHT AND INTELLECTUAL PROPERTY NOTICE.
(ii) You will not make available any material that is false, misleading, harmful, abusive, tortious, vulgar, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or sexually or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate;
(iii) You will not cause harm, of any type, to minors;
(iv) You will not submit materials or post links to advertisements or solicitations of business without STARLIGHT MUSIC’s prior express and written permission;
(v) You will not intentionally or unintentionally violate or aid others in the violation of any applicable local, state, national or international law or regulation;
(vi) You will not enable or assist in the transmission of “junk mail,” “chain letters,” “pyramid schemes,” unsolicited mass mailings, instant messaging, “spimming,” or “spamming” or any other form of improper or illegal solicitation now known or that may be developed in the future;
(vii) You will not “stalk” or otherwise harass another person or assist another in doing so;
(viii) You will not access the Website, Services or Products in order to collect or store private or personally identifying information about others for unlawful or inappropriate purposes or for any unauthorized purpose; (ix) You will not misrepresent or assist others in misrepresenting the origin of any Website content provided by STARLIGHT MUSIC or another User;
(x) You will not impersonate any person or entity, including, but not limited to, STARLIGHT MUSIC’s officials, employees, consultants, or otherwise misrepresent Your affiliation with any person or entity;
(xi) You will not make available any material that You are prohibited from disclosing because of Your contractual or fiduciary relationship with another individual or entity or as a matter of law or regulation;
(xii) You will not make available or distribute any materials, computer code or “malware” (including but not limited to “ransomware, viruses, worms, other form of improper or illegal malware now known or that may be developed in the future) that facilitates or is intended to facilitate interference with the availability, functionality or performance of STARLIGHT MUSIC’S Website, Products or Services, or any other website, computer software, hardware, telecommunications equipment, or device.
(xiii) You will not download data from any STARLIGHT MUSIC’S Website, database or platform through automated means, including spiders, robots, crawlers or other automated means now known or that may be developed in the future;
(xiv) You will not harvest, modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any content of any description from the Website, Services or Products;
(xv) You will not sell, distribute, or make any use of, commercial or otherwise, information, content or data obtained from STARLIGHT MUSIC in a manner which could be expected to offend the person for whom it is relevant;
(xvi) You will not create and maintain a STARLIGHT MUSIC user profile that contains hyperlinks to content not permitted on the Website;
(xvii) You will not disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
(xviii) You will not interfere with or disrupt the Website or the servers, or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(iv) You will not access the Website, Services or Products after Your access has been terminated by STARLIGHT MUSIC;
(xx) You will not make available any materials, or act in any manner that is offensive to the STARLIGHT MUSIC community or the spirit of these Terms of Use.
You acknowledge and agree that STARLIGHT MUSIC may, but is not required to, monitor Your conduct in connection with the Website, Services and Products. You agree that STARLIGHT MUSIC may remove any materials submitted by You, including but not limited to Your User Content, restrict and block Your access to the Website, Services or Products and/or terminate any or all other agreements between You and STARLIGHT MUSIC, if STARLIGHT MUSIC, in its sole discretion, determines that you have taken actions in violation of these Terms of Use and/or a Booking Agreement or any other agreement between You and STARLIGHT MUSIC. You understand that in the event of termination for any cause, You will not be entitled to a refund of deposits or fees, if any, paid by You to STARLIGHT MUSIC and will be required to make all payments that remain outstanding at the time of the termination. You understand and agree that STARLIGHT MUSIC may, to the fullest extent permitted by law, access, preserve and disclose Your identifying information in its possession, including, if applicable, email address, Password and/or User Account information, if STARLIGHT MUSIC determines that it is necessary to do so in order to comply with apparently valid legal proceedings, to process a good faith complaint by a third-party that You have violated these Terms of Use, or to protect the legal rights, property or personal safety of STARLIGHT MUSIC, its Users and the public at large.
21. YOUR INDEMNIFICATION OF STARLIGHT MUSIC
You understand and agree that You will indemnify, defend and hold harmless STARLIGHT MUSIC from any and all liability, expense, cost fine, settlement or judgement, including without limitation, reasonable attorneys’ fees and legal expenses incurred alleged to be connected with, arising out of or in any way related to Your User Content, Your use of the Website, Services or Products, Your access, use, sharing or processing of personal, private information or other sensitive, privileged, confidential or propriety data or information in excess of or for purposes other than the purposes that You advised STARLIGHT MUSIC You were permitted or authorized to access, use, share or process that data or information using the Website, Services or Products; or Your breach of the User’s Warranties, or other any other provision of these Terms of Use and/or Incorporated Notices.
22. CHANGES TO TERMS OF USE
STARLIGHT MUSIC reserves the right to update, change, modify, add, delete, revise, or replace any part of these Terms of Use or any Incorporated Notices at any time. In such event, STARLIGHT MUSIC shall provide notice to Users by posting the changes on the Website 30 days prior to the change becoming effective. Such changes are effective, and You agree to be bound by such changes, when You “click” the Accept button upon accessing or using the Website, Services or Products, when You submit User Content, or 30 days from the date that the changes are posted to the Website, whichever is earliest.
We recommend that You regularly check the Terms of Use when visiting the Website or accessing Services or Products, as these Terms of Use may have changed since you last did so.
23. DISPUTE RESOLUTION BY ARBITRATION
Despite our best efforts, there may be occasions when a dispute arises between STARLIGHT MUSIC and You. These Terms contain a binding dispute resolution agreement (“Dispute Resolution Agreement”) that explains the process by which any dispute will be resolved through private, individual arbitration.
a. Binding Arbitration.
Any controversy or claim concerning, arising out of or relating or in any way connected to these Terms of Use, the Incorporated Notices, or the Website, Services or Products (including as to arbitrability) shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, except to the extent that they conflict with the terms of this Terms of Use, in which case, these Terms of Use take precedence and shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You may access AAA Rules on the AAA website. See, https://www.adr.org/sites/default/files/CommercialRules_Web-Final.pdf.
b. Waiver of Court and Jury.
YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO RESOLUTION OF ANY DISPUTE OR CLAIM BETWEEN US IN A COURT OF LAW BY A JUDGE OR JURY. YOU AND WE AGREE THAT ANY DISPUTE OR CLAIM OF ANY DESCRIPTION REGARDING, ARISING OUT OF, CONNECTED TO OR IN ANY WAY RELATED TO THESE TERMS, THE WEBSITE, SERVICES OR PRODUCTS SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT PERMITTED.
c. Governing Law. This Dispute Resolution By Arbitration, arbitrability and any arbitration between us shall be governed by the U.S. Federal Arbitration. The arbitrator(s) shall apply New York law to determine the substantive rights, interests claims and defenses of the Parties that are raised in the Arbitration, without regard to New York’s conflict of law or arbitration principles.
d. Location of the Arbitration. The Arbitration shall be conducted at the location of the arbitrator(s) in or no more than 70 miles from the Borough of Manhattan, County of New York, State of New York as the parties may mutually agree. Either party has the discretion to participate by videoconference or teleconference.
The parties may also agree jointly that the dispute will be resolved by a document-only arbitration without any hearing.
e. Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
f. Survival. This Dispute Resolution Agreement survives termination of these Terms or Your relationship with STARLIGHT MUSIC.
a) Relationship of the Parties. You and STARLIGHT MUSIC are independent contractors. There is no partnership, agency or joint venture relationship between You and Us.
b) Location of Negotiations and Services. You agree that the Website, the Services, Products, and the marketing, sale or distribution of any and all Website and Services, Products, including the negotiation and agreement of these Terms of Use, Incorporated Terms, and any other agreement between You and STARLIGHT MUSIC, shall be deemed to have occurred solely and exclusive within the County of New York, the State of New York, United State of America.
c) Choice of Law. You hereby agree that these Terms of Use, the Incorporated Terms, and any other agreement between You and STARLIGHT MUSIC shall be exclusively governed by and interpreted the laws of the State of New York, United States of America, regardless of where You, Your private event that is the subject of a Booking Agreement, any of STARLIGHT MUSIC’s representatives or agents, or STARLIGHT MUSIC’s servers may be located (except to the extent that New York choice of law principles would require application of any other law).
d) Jurisdiction and Forum. You hereby agree that, in the extent that the Dispute Resolution by Arbitration above does not apply, any dispute that arises under, is connected to or relates in any manner to, these Terms of Use, the Incorporated Terms, the Website, Services or Products, the Booking Agreement, or any other agreement between You and STARLIGHT MUSIC shall be subject to the sole and exclusive jurisdiction of the Federal or State courts located in the State of New York, County of New York and You hereby irrevocably consent to and submit to their jurisdiction to hear and determine any such dispute.
e) International Use. Although this Website may be accessible worldwide, STARLIGHT MUSIC makes no representation that the Website, Services and Products are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations, do so on their own initiative and at their own risk. If You choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including, but not limited to, the taxation of Services or products purchased over the Internet.
f) Void Where Prohibited. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
g) Use By Children. We do not offer services or products directly to children under 18. By using this Website and/or the Services or Products, You are representing to Us that You are 18 years or older. We will not be liable for any damages that may result from a misrepresentation of age by a user of our website.
h) Force Majeure. In addition to any excuse provided by applicable law, STARLIGHT MUSIC shall be excused from liability for non-delivery or delay in access to the Website or delivery of Services or Products arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, interruptions in supply chain, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, public health emergency (including but not limited to Covid-19) and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated hereinabove.
i) Specific Performance. You acknowledge that a breach of these Terms of Use or other agreement between You and STARLIGHT MUSIC will cause irreparable injury and that money damages may be inadequate to remedy the injury to STARLIGHT MUSIC. Therefore, in the event of a breach or threatened breach, STARLIGHT MUSIC will be entitled to equitable relief, including injunctive relief and specific performance, without the posting of a bond or other security, and without proof of actual damages.
j) No Third-Party Rights. Nothing in these Terms of Use creates any right in any person not a party to the Terms of Use, and the Terms of Use shall not be construed in any respect to be a contract in whole or in part for the benefit of any third person.
k) Severability of Provisions. If any provision of the Terms of Use, Incorporated Notices or other agreement between Us is determined to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect to the extent that performance of the remaining terms is not rendered impossible.
l) Waiver. Failure to exercise, or any delay in exercising, any right or remedy provided under this or any agreement between You and STARLIGHT MUSIC or by law shall not constitute a waiver of that or any other right remedy, nor shall it preclude or restrict any further exercise of that right or any other remedy in the future against You or any other individual or entity.
m) Notices. Notices by STARLIGHT MUSIC to You may be given by means of general posting on the Website, or by conventional mail or email at the addresses that You provide in Your User Account. It is Your responsibility to ensure that STARLIGHT MUSIC continues to have up-to-date contact information for You.
Notices by You to STARLIGHT MUSIC may be given by electronic messages, conventional mail, or telephone unless otherwise specified in these Terms of Use or any other agreement between You and STARLIGHT MUSIC.
STARLIGHT MUSIC’s contact information as follows:
By US Mail STARLIGHT MUSIC, LLC 315 Madison Avenue New York, NY 10017
By Telephone 212-354-6460
By Email: info@starlightmusic.com
n) Binding Provisions. These Terms of Use and Incorporated Notices are binding and inure to the benefit of the parties and their respective heirs, executors, administrators, personal and legal representatives, affiliates, successors, and permitted assigns.
o) Assignment. You agree that You may not assign Your rights or obligations under the Terms of Use or any agreement between You and STARLIGHT MUSIC without the prior, written consent of STARLIGHT MUSIC
p) Headings. The descriptive headings of the sections and subsections of the Terms of Use are for convenience only and do not affect the interpretation or construction of the Terms of Use.
q) Complete Agreement. These Terms of Use, including the Incorporated Notices, and any Booking Agreement between You and Us, constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with the Website, Services or Products is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
r) Merger. All prior and contemporaneous negotiations and agreements between You and STARLIGHT MUSIC concerning the Website, Services or Products are expressly merged into and superseded by these Terms of Use and may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings. You warrant that You have not relied upon any statement, representation, warranty, or agreement, except for those expressly contained in the Terms of Use.
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COPYRIGHT AND INTELLECTUAL PROPERTY NOTICE
This Copyright and Intellectual Property Notice is incorporated into the Terms of Use[ 1] . All terms defined in the Terms of Use shall have the same meaning when used herein unless otherwise noted.
It is the goal of STARLIGHT MUSIC to respect the copyright and intellectual property rights of others by complying with U. S. intellectual property laws. This Copyright and Intellectual Property Notice shall be governed by and interpreted under the intellectual property law of the Unites States of America, including, where applicable, the Digital Millennium Copyright Act. (“DMCA”).
You may wish to consult with legal counsel regarding any right or interest that you may have concerning copyright or other intellectual property rights that You may have or may have violated. Nothing here is intended to substitute for qualified legal advice.
Notice of Claimed Infringement:
If you believe that any content on the Website and related Services or Products infringes on Your or someone else’s copyright, You, (as the owner or rights holder) should send a notification to Our Designated Agent by mail or email at the address set forth below.
To file a notice regarding claimed infringing material, please provide the following information:
1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple
alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S.
Copyright Registration number(s) or URL(s);
2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing your
works (e.g., file name or URL of the pages that contain the material);
3. Your or Your representative’s contact information, so that we can contact You or them (e.g., name, address,
telephone number and email address);
4. A statement that You have a good-faith belief that the use of the material identified above in subparagraph 2
is not authorized by the copyright owner, its agent or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that You or Your
representative is authorized to act on behalf of the copyright owner; and
6. Your or Your representative’s electronic signature.
Notice may be sent:
By US Mail
STARLIGHT MUSIC, LLC
315 Madison Avenue
New York, NY 10017
Attn: Registered Copyright Agent
By Telephone 212-354-6460
By Email:info@starlightmusic.com
Counter-Notification:
If material that You have posted to the Website has been taken down, You may file a counter-notification that contains the following details:
1. Identification of the material that has been removed or to which access has been disabled and the location at
which the material appeared before it was removed or access to it was disabled;
2. A statement, under penalty of perjury, that You have a good-faith belief that the material was removed or
disabled as a result of mistake or misidentification of the material in question;
3. Your or Your representative’s name, address, telephone number, and email address;
4. A statement that You consent to the jurisdiction of the United States District Court for the Eastern District of
New York and that you will accept service of process from the person who provided notification in compliance
with section 512 (c)(1)(C) of the DMCA, or an agent of such person; and
5. Your or Your representative’s physical or electronic signature.
Counter-Notice may be sent to:
By US Mail
STARLIGHT MUSIC, LLC
315 Madison Avenue
New York, NY 10017
Attn: Registered Copyright Agent
By Telephone 212-354-6460
By Email: info@starlightmusic.com
If STARLIGHT MUSIC receives a valid Counter-Notice, We will make a good-faith effort to promptly provide a copy of the Counter-Notice to the person who filed the Notice at the address the person provided and thereafter follow the procedures provided in the DCMA.
You agree that STARLIGHT MUSIC will not be a party to any further dispute or lawsuit regarding the alleged infringement and that STARLIGHT MUSIC will not be liable to You or any other party for its acts in removing or replacing any Website content in response to a Notice or Counter Notice.
STARLIGHT MUSIC will not adjudicate or decide any claim of infringement or defense thereto.
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STARLIGHT MUSIC ACCESSIBILITY STATEMENT
This Accessibility Statement is incorporated into the Terms of Use. All terms defined in the Terms of Use shall have the same meaning when used herein unless otherwise noted.
It is STARLIGHT MUSIC’s goal that its Website, Services and Products be useful, aesthetically pleasing and reasonably accessible to the widest audience possible. STARLIGHT MUSIC has and will continue to invest in improving the accessibility of the Website, its Services and Products for all Users and is committed to achieving substantial conformance with standards.
However, the Website, the Services, Products, and their contents are dynamic, and technology is constantly evolving. It is impossible to ensure that unforeseen issues may not arise that may affect the ability of some individuals to access some or all Website, Services or Product content. Additionally, STARLIGHT MUSIC cannot and does not make any representation or warranty that User contributed content, third-party content or third-party websites to which We provide links will be accessible for Your purposes.
If you are having any difficulty using the Website, please contact Us by phone or email directly at so that we may assist you.
Via Telephone
212-354-6460
Via Email
info@starlightmusic.com
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