TERMS OF SERVICE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SONGSHOOTER CORP. ("SONGSHOOTER") STATING THE TERMS THAT GOVERN YOUR USE OF SONGSHOOTER.COM SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF SONGSHOOTER'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND SONGSHOOTER. BY USING THIS SITE AND ANY AND ALL SUBSIDIARY SITES OF SONGSHOOTER, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND SONGSHOOTER MAY REFUSE ACCESS TO SONGSHOOTER.COM AND ITS' OTHER SITES AND/OR AFFILIATES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. You, the person or act submitting music for consideration agree that this is and all other Songshooter related sites, including but not limited to Cliquesound.com, are promotional sites only and that there is no payment due you from Songshooter Corp. for streaming plays or free downloads. Further, any liabilities you incur resultant from any legal actions or otherwise involving the song(s) you submit to the site or elsewhere shall hold Songshooter Corp. harmless in all said actions. Songshooter Corp. is held harmless for any liability involved in any claims against any songs represented by you to be your right legally to use on these sites. By clicking on the box, you represent all songs you submit to be yours legally to submit, and further, you agree and confirm that any and all parts of these songs and productions are completely clear of any kind of claim by any other party and you hereby indemnify Songshooter Corp. of any and all liability and/or claims against the songs used by these sites including, but not limited to, http://www.songshooter.com, and http://www.cliquesound.com, and on all it's modules, widgets, and any other subsidiaries Songshooter Corp. owns, or uses now or at any time in the future. By submitting to Songshooter, you are automatically submitting to all subsidiaries of Songshooter, and you do not need to resubmit to other services.
2. You, the person submitting music for consideration represent that you control all interests in the songs being used legally and have the right to participate in http://www.songshooter.com, and other subsidiaries, and hold Songshooter Corp. harmless should a dispute arise either with you or a third party.
3. For sales on the Songshooter store, you will receive:
$.71 cents for a single download of one of your songs.
$7.10 for a full album download of your music.
You agree to pay all writer, publisher, etc. royalties due others and Songshooter Corp. has no financial responsibility to anyone after distributing to you your monies. Songshooter will pay twice a year within 60 days after July 1st and January 1st.
4. Definition of Songshooter.com Services. Songshooter is the provider of Songshooter.com and Cliquesound.com (the "Services") that permits you to download free digital content and purchase digital content, such as sound recordings and music videos under certain terms and conditions as set forth in this Agreement.
5. Age requirements for use of the Services. The Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
6. Objectionable Material. You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Songshooter shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres and sub-genres) and descriptions are provided for convenience, and you acknowledge and agree that Songshooter does not guarantee their accuracy.
7. System Requirements. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Services.
8. Policies and Rules. Your use of the Services and transactions made through it are subject to Songshooter's Terms of Sale at http://www.songshooter.com/legal/us/sales, which can be readily viewed on the Services, and any end-user agreements or other terms and conditions required for use of the Services, all of which are hereby made a part of this Agreement. If you have not already read Songshooter's Terms of Sale, you should do so now. Your purchase of software products made through the Services are subject to any end-user agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement.
10. Your Information. You agree to provide accurate, current, and complete information required to register with the Services and at other points as may be required in the course of using the Services ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Songshooter may terminate your rights to any or all of the Services if any information you provide is false, inaccurate or incomplete. You agree that Songshooter may store and use the Registration Data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.
11. User Account and Security.
a. Account and Password. As a registered user of the Services, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Songshooter of any unauthorized use of your Account or any other breach of security. Songshooter shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security. You will not access the Services by any means other than through software that is provided by Songshooter for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Services. Violations of system or network security may result in civil or criminal liability.
12. Purchase or Rental of Songshooter Content
a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on digital player devices), and that such hardware and software is your responsibility. Products may only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. Once a Product is purchased or rented (as applicable) and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Songshooter shall be without liability to you in the event of any loss, destruction, or damage.
b. Use of Products. You acknowledge that, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.
(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
(ii) You shall be authorized to use the Products only for personal, noncommercial use.
(iii) You shall be entitled to export, burn (if applicable) or copy (if applicable) Products solely for personal, noncommercial use.
(iv) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.
(v) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
d. You acknowledge that some aspects of the Services, Products, and administering of the Usage Rules entails the ongoing involvement of Songshooter. Accordingly, in the event that Songshooter changes any part of the Services or discontinues the Services, which Songshooter may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Songshooter shall have no liability to you in such case
e. The Services may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Services accessible and viewable by other users of the Services and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant Songshooter a worldwide, royalty-free, non-exclusive license to use such materials as part of the Services, and in relation to Products, without any compensation or obligation to you.
Songshooter reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
Songshooter has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Services, to investigate any reported or apparent violation of this Agreement, and to take any action that Songshooter in its sole discretion deems appropriate, including, without limitation, under Section 14 below or under our Copyright Policy (http://www.songshooter.com/legal/trademark/claimsofcopyright).
13. Territory. The Services are available to you only in the United States. You agree not to use or attempt to use the Service from outside of the available territory, and that Songshooter may use technologies to verify your compliance.
14. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that Songshooter may charge your credit card or PayPal account for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SONGSHOOTER WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal account, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Songshooter can verify the validity of the new credit card or PayPal account information.)
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
15. Delivery of Products. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by Songshooter. It is your responsibility to contact Songshooter within 10 days after purchase to seek remedy.
16. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Services, including but not limited to Products, graphics, audio clips, video clips, and editorial content, contains proprietary information and material that is owned by Songshooter and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with the terms of this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of Songshooter Content or Other Materials. Notwithstanding any other provision of this Agreement, Songshooter and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Services at any time without notice. In no event will Songshooter be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Songshooter may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Services, including but not limited to, Songshooter.com (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Songshooter and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Trademarks. Songshooter, the Songshooter logo, and other Songshooter trademarks, service marks, graphics, and logos, including but not limited to Cliquesound.com, used in connection with the Services are trademarks or registered trademarks of Songshooter Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
e. Album Cover Art. As an account holder of the Service in good standing, Songshooter may provide you with limited access to download certain album cover art for music you have purchased and/or downloaded. Such access is provided as an accommodation only, and Songshooter does not warrant or endorse and does not assume and will not have any liability or responsibility for such album cover art or your use thereof. You may only access album cover art (to the extent available) for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate these Terms of Service or the rights of any other party, and that Songshooter is not in any way responsible for any such use by you.
a. Termination by Songshooter. If you fail, or Songshooter suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Songshooter with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, Songshooter, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Services. Songshooter reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to you, and Songshooter will not be liable to you or to any third party should it exercise such rights.
18. General Compliance with Laws. The Services are controlled and operated by Songshooter from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services.
19. Enforcement of These Terms. Songshooter reserves the right to takes steps Songshooter believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Songshooter's right to cooperate with any legal process relating to your use of the Services and/or Products, and/or a third party claim that your use of the Services and/or Products is unlawful and/or infringes such third party's rights). You agree that Songshooter has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Songshooter believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Songshooter's right to cooperate with any legal process relating to your use of the Services and/or Products, and/or a third party claim that your use of the Services and/or Products is unlawful and/or infringes such third party's rights).
20. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Songshooter may provide links to certain third-party Web sites. You acknowledge and agree that Songshooter is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Songshooter does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Songshooter is not in any way responsible for any such use by you.
21. Disclaimer of Warranties; Liability Limitations.
a. SONGSHOOTER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SONGSHOOTER MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY SONGSHOOTER) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL SONGSHOOTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SONGSHOOTERâ€™S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. SONGSHOOTER SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SONGSHOOTER HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. SONGSHOOTER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SONGSHOOTER DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR DOWNLOADED FROM SONGSHOOTER.COM THAT ARE STORED IN YOUR SYSTEM.
22. Waiver and Indemnity. BY USING THE SERVICES, YOU AGREE TO INDEMNIFY AND HOLD SONGSHOOTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY SONGSHOOTER AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SONGSHOOTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SONGSHOOTER'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
23. Changes. Songshooter reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of Songshooter.com following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
24. Notices. Songshooter may send you notice with respect to the Services by sending an email message to the email address listed in your Songshooter Account contact information, by sending a letter via postal mail to the contact address listed in your Songshooter Account contact information, or by a posting on Songshooter.com. Notices shall become effective immediately.
25. Governing Law. The laws of the State of New York, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Songshooter or relating in any way to your use of the Service resides in the courts of the State of New York.
26. Miscellaneous. These Terms of Service constitute the entire agreement between you and Songshooter and govern your use of the Services, superseding any prior agreements between you and Songshooter. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Songshooter's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Songshooter will not be responsible for failures to fulfill any obligations due to causes beyond its control.