TERMS OF SERVICE

 

The Effective Date of these Terms of Use is December 1, 2017

The following Terms of Use (“Terms”) governs your use of our website [[  INSERT COI URL  ]] (together with any affiliated websites or mobile services, the “Site”).  Read these Terms carefully.  To The Stars Academy of Arts and Science Inc. (“TTSA,” “we” or “us”), is providing you access to the Site on the following terms and conditions.  BY ACCESSING THE SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED BY US FROM TIME TO TIME ON THE SITE, EACH OF WHICH IS INCORPORATED BY REFERENCE AND EACH OF WHICH MAY BE UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU.  YOUR USE OF THE SITE IS GOVERNED BY THE VERSION OF THESE TERMS IN EFFECT ON THE DATE OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOUR ONLY RECOURSE IS NOT TO USE THE SITE IN ANY MANNER WHATSOEVER.

SECTION 1 - YOUR USE OF CONTENT

The Intellectual Property (defined below) and other content on this Site (collectively, “Content”), is owned by, licensed to or used with permission by TTSA. You may access the Content for your information and personal use, subject to these Terms. You may share Content posted on the Site through the links we provide via social media platforms. By accessing the Site, you agree that you will not download any Content unless a download feature is expressly enabled by us. You shall not copy, reproduce, distribute, transmit, or otherwise exploit any Content for any purpose without TTSA’s prior written consent. You agree not to disable or otherwise interfere with any security-related features that prevent or restrict use or copying of any Content on the Site. 

Should you decide to invest in TTSA, you agree that you are solely responsible for all investment decisions. Although the Site may provide data, information or content relating to investment and/or the opportunity to buy securities in TTSA, you should not construe any such content as tax, legal, financial, or investment advice. You represent that any decision to invest is based solely on your consideration of the risks involving the purchase of TTSA securities or those of a third party (i.e. your personal financial advisor) and is made at your own risk, which may include the risk of complete loss of your principal. You agree and acknowledge that you are solely responsible for conducting legal, accounting or due diligence review on TTSA. You are advised to consult with a licensed legal professional and investment advisor for any legal, tax, insurance, or investment advice. 

WE ADVISE YOU TO READ THE OFFERING CIRCULAR BEFORE INVESTING.

SECTION 2 - GENERAL GUIDELINES

You represent and warrant that the information you provide to TTSA through the Site is accurate, complete and truthful.  You acknowledge and agree that TTSA and its agents are entitled to rely upon the information you provide us as true, accurate and complete without verification. We reserve the right to terminate or limit your access to the Site and/or the license granted herein for any reason and in our sole discretion. You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of the Site or the rights or use and enjoyment of the Site by any other person or entity in any manner.

You are prohibited from posting or transmitting any material on or though the Site that, in our sole opinion, is or could be offensive, fraudulent, unlawful, threatening, disingenuous, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.  TTSA will fully cooperate with any law enforcement authorities or court order requesting or directing TTSA to disclose the identity of anyone posting any such information or materials on the Site.

SECTION 3 - INTELLECTUAL PROPERTY

All trademarks, logos, slogans, videos, illustrations, designs, graphics, photographs, pictures and any other items included in this Site (the “Intellectual Property”) are the exclusive property of TTSA unless otherwise stated. Unless expressly provided in these Terms, nothing on this Site should be construed as granting any license or right to use the Intellectual Property without written permission of TTSA or the third-party owner of the Intellectual Property.  Your misuse of the Content on the Site, or any use of the Intellectual Property other than as provided in these Terms, is strictly prohibited.  You are advised the TTSA will aggressively enforce its intellectual property rights to the fullest extent of the law.

SECTION 4 – DIGITAL MILLENNIUM COPYRIGHT ACT

TTSA respects the intellectual property of others. If you believe your content has been used in a way that is accessible on the Site and constitutes copyright infringement, please contact us to report possible copyright infringement. When contacting us, please provide the following information to our legal agent:

A.         A full description of the copyrighted work that you claim has been infringed;

B.         the URL where the material that you claim is infringing is located on the site;

C.         your name, address, telephone number, and e-mail address;

D.         a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

E.         a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

TTSA’s legal agent can be reached as follows:

By e-mail, with subject line “Legal”:

info@tothestarsacademy.com

By postal mail:

To The Stars Academy
Attn:  Legal
1051 S. Coast Hwy 101, Suite B
Encinitas, CA 92024

In the event you are able demonstrate ownership of copyrighted content that you did not authorize for use on this Site, and you wish for the content to be removed, we will remove the copyrighted content from the Site. 

SECTION 5 - HOW TO INVEST IN TTSA

To invest in TTSA securities, please visit tothestarsacademy.com and click on the ‘Invest Now’ button that appears on the top of the Site.  From there, you will be directed to the FundAmerica/PrimeTrust website to complete the investment process. 

SECTION 6 - YOUR PRIVACY

Your use of the Site is also subject to our Privacy Policy, which is incorporated into these Terms by this reference. Please read it carefully to ensure that you understand and agree to how we collect, use, and protect information collected about you and your use of the Site. 

SECTION 7 - OUR LIABILITY

The Site is accessed and used at your own risk. Although reasonable efforts have been made to ensure that all details on the Site are current and contain no inaccuracies or errors, no guarantees are made that the Site’s content will be error free, accurate and current at all times. Your use of the Site is at your own risk.  TTSA neither represents, warrants, covenants, guarantees, nor promises any specific results from your use of the Site.

TTSA assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, texts, images, video, or audio from the Site.

SECTION 8 - JURISDICTION AND GOVERNING LAW

We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, nations other than those of the United States.  If you are located outside of the United States, you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws.

This Site is not directed at you if we are prohibited by any law of any jurisdiction from making the information on this Site available to you. The content, material and information contained on the Site does not constitute an offer or solicitation and may not be treated as an offer or solicitation a) in any jurisdiction where such an offer or solicitation is against the law; or b) to anyone whom it is unlawful to make such an offer or solicitation.

These Terms shall be governed by, construed and entered in accordance with the laws of the State of California applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof. 

SECTION 9 - NOTIFICATION PROCEDURES

We may provide notifications, including those regarding modifications to these Terms, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice or through posting of such notice on our Site, as determined by us in our sole discretion.  We reserve the right to determine the form and means of providing notifications to you.  Note that you may opt out of certain means of notification as described in these Terms and/or Privacy Policy. 

SECTION 10 - MISCELLANEOUS

Except as expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.  TTSA shall have the right to assign its rights or delegate any of its responsibilities under these Terms to an affiliate or in connection with a merger, consolidation or reorganization of TTSA for the sale of substantially all of its assets. These Terms contain the entire understanding between you and TTSA relating to the Site.  These Terms supersede any other Terms or agreement regarding the Site prior to the Effective Date shown first above.