TOS

Songstuff Terms Of Service

Effective Date: June 23, 2022

The following Terms of Service are a legal agreement between you and Songstuff and govern your use of www.songstuff.com and its affiliated sites www.songstuff.co.uk (collectively the “Songstuff Sites”). These Terms of Service include the Songstuff Privacy Policy and all other policies referenced below or elsewhere on the Songstuff Sites.

In these Terms of Service, all related content, software and documentation, are collectively referred to as the “Services”, whereas forums, blogs, gallery, subscriptions, documentation, tutorials, support services, templates and plugins, are collectively referred to as the “Products”.

These Products are provided by Songstuff (“Songstuff”), located at 1/4 10 Barlia Way, Castlemilk, Glasgow, G45 0AH, Scotland, United Kingdom.

The terms “us” or “we” or “our” refers to Songstuff. The term ‘you’ refers to the user or viewer of our Products.

By using our using the Songstuff Sites, and by using Songstuff’s Products, you understand and agree to these Terms of Service, and that you will comply with, and be bound by, the following terms and conditions of use, which together with our Privacy Policy govern Songstuff’s relationship with you relating to our Products. Please read them carefully.

If you do not accept all of these Terms of Service, you may not access or use the Songstuff Sites.

If you are using the Songstuff Sites for a business, your agreement to these Terms of Service will be treated as the agreement of the business, and all references to “you” and “your” will apply to that business.

Our Products are diverse. As a result, sometimes additional terms or product requirements (including age) will apply. Any additional Terms Of Service will be available with the specific Products where those terms are added to the terms within as defined within this document and as a whole, the terms constitute your agreement with Songstuff.

Amendments

You agree that we may, in our sole discretion, amend these Terms of Service at any time, in any way and from time to time. We will publish details of our proposed amendments to these Terms of Service in a notice to this effect on our websites. This notice will identify the specific amendments we propose making and the date on which these proposed amendments will become effective.

You agree that such a notice will be adequate notice of the proposed amendments and that these amendments shall automatically come into effect on the date specified in this notice. You further agree that it is your responsibility to review these Terms of Service regularly in the event that we do publish a notice of proposed changes. Your continued use of the Songstuff Products and or Services (except where your continued use of Songstuff Services is permissible in terms of, for example, specific licenses) will be subject to you agreeing to the amended Terms of Service.

Privacy Policy

Our Privacy Policy explains how we protect your personal data and your privacy when you use our Products. By using our services you agree that Songstuff can use your data in accordance with the Privacy Policy.

Using Our Products

You must abide by any policies made available to you within our Products.

Don’t misuse any of our Products. For example, do not interfere with our Products by using them in any way not described within the instructions that we provide.

Use of this website is subject to the following Terms Of Service:

  1. The content of the pages of this website is for your general information and use only.
  2. Our TOS are subject to change without notice.
  3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. By accessing or using our Products you acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  5. This website contains some material that is owned by other entities or otherwise licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the Copyright Notice, which forms part of these Terms Of Service.
  6. All trademarks reproduced in this website which is not the property of, or licensed to, the operator is acknowledged on the website.
  7. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
  8. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  9. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Scotland, the United Kingdom and the European Union. This is applicable for anybody who can view the website in any other country, and/or has contact with Songstuff by any other means of communication such as electronic mail, fax or post, without necessarily having viewed the website.

Your Songstuff Account

You may need a Songstuff Account in order to use some of our Products. You may create your own Songstuff Account, or your Songstuff Account may be assigned to you by an administrator.

Artist/Band - Songstuff Music Community Join

Products

Basic access to Songstuff Community Forums, Blogs, Galleries, and Clubs is free.

Publicly viewable areas are available to view without the need for a Community Account.

If you wish to post or otherwise add content, you will require a Songstuff Community Account.

Some areas and product content are only available by paid subscription. Access to these areas is withdrawn if the subscription is terminated or otherwise expires.

Some components of our Community Products have been contributed by 3rd Party service providers. These 3rd Party service providers may change from time to time and the Products they contribute may not always be available through Songstuff.

Subscriptions are only available to you and you may not transfer them to any other person without our express, written consent. We may refuse to give consent for this at our discretion.

These Terms of Service shall continue to bind you for so long as you make use of Songstuf Products.

Changes to the Products

We may change any aspect of the Songstuff Products on written notice to you. These changes may include discontinuing aspects of the Products in its entirety. In the event we do make any changes to any aspect of Songstuff Products, we will publish updated information which shall detail –

  • the proposed changes to the Products
  • the date on which these proposed changes shall be implemented

Changes to Songstuff Products may, at our sole discretion, require consequential changes to fees payable for and delivery timeframes applicable to the aspects of the Songstuff Products affected by the changes. We will similarly notify you of any such changes to fees payable or changes to the delivery time-frames.

Fees

Subscription fees if applicable are payable in advance. By purchasing Subscriptions, you authorize us to charge your payment method immediately and on a pre-pay basis for the Subscription period indicated. We may, in our sole discretion, suspend any aspect of the Songstuff Subscriptions which you have not paid for.

Without detracting from any of our rights, you agree that we are entitled to discontinue any aspect of the Subscription you may be using if you fail to pay any amount when it falls due or if you breach these Terms of Service. In the event we incur expenses to recover the amounts you owe us, you further agree that we may recover our legal costs on the attorney and own client scale, collection charges and tracing fees, and any applicable Tax.

Content

Songstuff Sites includes content provided by Songstuff and 3rd Party Songstuff Content Contributors (“Songstuff Content”) and content that is uploaded, posted, submitted or otherwise transmitted by you and other users of the Songstuff Sites (“User Content”).

a) Songstuff Content

Songstuff provides links to many different sites. Songstuff is not responsible for either the content provided by the linked site or the privacy policy employed by the linked site.

Songstuff provides some content and Products using 3rd party web content providers like Amazon or YouTube. Songstuff has no control over the content of such sites and as such Songstuff does not accept any responsibility for the information provided by such providers. These sites do not receive any personal visitor details from Songstuff with respect to these Products.

Affiliate sites, that share content with Songstuff may have access to some information gathered by Songstuff. A list of affiliates of Songstuff can be obtained on written request.

All Songstuff Content is owned by or licensed to Songstuff, subject to copyright and other intellectual property rights under Scottish, United Kingdom and/or foreign laws and international conventions. Songstuff Content is provided to you AS IS and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Songstuff reserves all rights not expressly granted in and to the Songstuff Content. You agree to not engage in the use, copying, or distribution of any Songstuff Content other than expressly permitted herein. If you download or print any Songstuff Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Songstuff Sites or features that prevent or restrict use or copying of any Songstuff Content or enforce limitations on use of the Songstuff Sites or Songstuff Content.

b) Your Content In Our Products

Some of our Products allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In other words, what belongs to you still belongs to you.

When you upload or otherwise submit content to any of our Products, you give Songstuff (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Products), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Products, and to develop new Products. This license continues even if you stop using our Products. Some Products may offer you ways to access and remove content that has been provided to that Product. In addition in some of our Products, there are terms or settings that narrow the scope of our use of the content submitted in those Products. Make sure you have the necessary rights to grant us this license for any content that you submit to any of our Products.

You can find more information about how Songstuff uses and stores content in the privacy policy (and referred to documents such as our cookie documentation) or additional terms for specific Products. If you submit feedback or suggestions about our Products, we may use your feedback or suggestions without obligation to you.

You retain all rights in any User Content that you provide to the Songstuff Sites. You are solely responsible for your User Content and the consequences of posting or publishing it. You grant to Songstuff a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access your User Content in connection with the operation of the Songstuff Sites and the Services in any media formats and through any media channels, and you grant to each other Songstuff Sites user a similar non-exclusive license to access and use your User Content through the Songstuff Sites. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions and releases to grant the foregoing licenses. You acknowledge and agree that all of your User Content will comply with our Copyright and IP Policy as set forth in Exhibit A below.

c) Disclaimer

Songstuff does not guarantee that any Songstuff Content or User Content will be made available through the Songstuff Sites, continuously or at all. WHILE SONGSTUFF IS UNDER NO OBLIGATION TO DO SO, SONGSTUFF RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM SONGSTUFF SITES WITHOUT NOTICE, AND FOR ANY REASON SONGSTUFF DEEMS SUFFICIENT. Songstuff does not have any obligation to monitor any User Content for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of such content or anything said, depicted or written by Songstuff Sites users, including, without limitation, any information obtained by using the Songstuff Sites or Services. Songstuff does not endorse any User Content or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Songstuff with respect thereto.

Obligations of Songstuff Site Users.

Songstuff Sites may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of Songstuff Sites. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Songstuff Sites:

1) Upload, post, submit, or otherwise transmit any User Content:

  1. to which you do not have the lawful right to copy, transmit and display
  2. that infringes any third party’s intellectual property rights (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right or moral right or right of publicity). Songstuff has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the Songstuff Copyright and Intellectual Property Policy attached hereto as Exhibit A for further information;
  3. that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of Songstuff;
  4. that includes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of unsolicited or unauthorized solicitation;
  5. that contains a software virus or any other computer code, files, or programs designed to (A) interrupt, destroy or limit the functionality of any computer software; or (B) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Songstuff Sites; or
  6. that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content that is unrelated to the immediate, aesthetic nature of the User Content.

2) Circumvent, disable or otherwise interfere with security-related features of the Songstuff Sites or features that prevent or restrict use or copying of any content;
3) Use any meta tags or other hidden text or metadata utilizing a Songstuff trademark or logo, URL or product name;
4) Forge any TCP / IP packet header or any part of the header information in any posting or in any way use the Songstuff Sites to send altered, deceptive or false source-identifying information;
5) Tamper with, interfere with or disrupt (or attempt to do so) the availability of any aspect of the Songstuff Sites or Services, any servers or networks connected to the Songstuff Sites or Services, or the technical delivery systems of Songstuff or any Songstuff provider;
6) Attempt to probe, scan or test the vulnerability of any Songstuff system or network or breach or impair or circumvent any security or authentication measures protecting the Songstuff Sites or Services;
7) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Songstuff Sites or Services;
8) Attempt to access, search or meta-search the Songstuff Sites or Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Songstuff

  1. Collect or store personal data about other Songstuff Sites or Services users without their express permission; or
  2. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud.

Mailing Lists and Site Communications

By subscribing for our mailing list you are expressly consenting for Songstuff to send you site information, product information and music industry information. To stop receiving our mailing list communications either follow the unsubscribe link at the bottom of messages or contact Songstuff using our contact form clearly stating your subscribed email address and your request for Songstuff to remove you from our mailing list. We aim to remove email addresses requested to be removed in this way within 10 days.

If you are a Songstuff Community Member, you can consent to receive site newsletters and notifications from our community (for example in the event of you receiving a private message or when someone replies to one of your posts) by selecting your notification options within your Account Settings page, under “Notifications”.

Software Products

When a Product requires or includes downloadable software, this software may be updated automatically on your device or system once a new version or feature is available. Some Products may allow you to adjust your automatic update settings.

Songstuff gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Songstuff as part of the Products. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Products as provided by Songstuff, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Products or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Songstuff Sites (“Feedback”). You may submit Feedback by emailing us using the contact form on the Songstuff Sites. You acknowledge and agree that all Feedback will be the sole and exclusive property of Songstuff and you hereby assign and agree to assign all rights, title and interest you have in such Feedback to Songstuff together with all intellectual property rights therein.

Indemnification

You agree to defend, indemnify and hold Songstuff and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Songstuff Sites, Songstuff Content or User Content; (ii) your violation of this Agreement; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that your User Content caused damage to a third party, including, without limitation, claims that your User Content is infringing.

Disclaimer

THE SONGSTUFF SITES AND ALL CONTENT MADE AVAILABLE THROUGH SONGSTUFF SITES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND. SONGSTUFF EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING SONGSTUFF SITES AND SUCH CONTENT, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, SONGSTUFF MAKES NO REPRESENTATION OR WARRANTY THAT SONGSTUFF SITES OR ANY SUCH CONTENT WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL SONGSTUFF OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SONGSTUFF SITES OR ANY CONTENT MADE AVAILABLE THROUGH SONGSTUFF SITES, INCLUDING WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY SONGSTUFF SITES USER, ONLINE OR OFFLINE, WHETHER OR NOT SONGSTUFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SONGSTUFF’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF SERVICE WILL NOT EXCEED £1. SONGSTUFF WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY ERRORS OR ANY SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS RELATING TO SONGSTUFF SITES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Force Majeure

Songstuff will not be liable to you by reason of any failure or delay in performance on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, earthquakes, or internet connectivity or failure issues experienced by major telecommunications providers or a Songstuff co-location facility, for the duration of such event and for such further period of time that Songstuff may reasonably require to recover from the effects of such event.

Notice; Consent to Electronic Notice

You consent to the use of (a) electronic means to complete these Terms of Service and deliver any notices pursuant to these Terms of Service, and (b) electronic records to store information related to these Terms of Service or your use of the Songstuff Sites or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by Songstuff via email (in each case to the address that you provide), (y) a posting on the Songstuff Sites or to such other addresses as Songstuff may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

Other Websites

Songstuff Sites may provide links to third party websites, and such links are provided for reference only. We encourage you to read the use terms of each third-party websites you visit, including websites which are linked to the Songstuff Sites and/or which have deployed the Services. Please keep in mind that Songstuff has no control over (and Songstuff disclaims any responsibility or liability to you for) the content, privacy policies, activities or practices of any third party websites, including websites that deploy the Services, or for any harms, injuries or losses you might suffer as a result of using or accessing such websites.

Miscellaneous

In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. This Agreement will be governed by and interpreted in accordance with the laws of Scotland, the United Kingdom excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Service will be brought exclusively in courts located in Glasgow, Scotland and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. These Terms of Service together with the rules and policies of Songstuff incorporated herein by reference constitute the entire agreement between Songstuff and you with respect to your use of the Songstuff Sites.

Questions

If you have questions about these Terms of Service please email Songstuff through the “Contact us” section of the Songstuff Sites.

Exercise Your Rights

Request to be removed – [gdpr_request_form type=”delete”]Request Access to your data – [gdpr_request_form type=”access”]Submit a complaint – [gdpr_request_form type= “complaint”]Request rectification  – [gdpr_request_form type=”rectify”]

Copyright Protection

Copyright © 2000-2022 Songstuff

Ownership Of Copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Songstuff and its licensors unless otherwise stipulated.

Content posted by community members remains with the poster or existing copyright holder and is licensed to Songstuff to distribute worldwide.

Content posted by members on Songstuff IS NOT public domain. Creative works submitted to the Songstuff are protected by copyright and remain the possession of the author or existing copyright owner. Though publicly available on this site for critique, collaboration or promotion purposes, they are not in the public domain unless the member has expressly assigned their work as such. Creative works displayed or performed or streamed via Songstuff may not be used without the author’s proven consent.

Copyright License

Songstuff grants to you a worldwide non-exclusive royalty-free revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory; and
  • print pages from this website for your own personal and non-commercial use.
  • Where permitted to download a personal copy of the digital content

Songstuff does not grant you any other rights in relation to Songstuff or the material on Songstuff. For clarity, all other rights are reserved.

You must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without explicit, written permission from Songstuff.

Data Mining

Automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to Songstuff using our contact form.

Enforcement of Copyright

Songstuff takes the protection of our copyright very seriously.

If Songstuff discovers that you have used its copyright materials in contravention of the license above, Songstuff may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers accordingly.

If you become aware of any use of Songstuff’s copyright materials that contravenes or may contravene the license above, please report this by emailing Songstuff using our contact form.

Infringing Material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by emailing Songstuff using our contact form.

Notice And Procedure For Copyright Infringement Claim.

Songstuff reserves the right, but not the obligation, to terminate your right to use the Applications, the Sites or the Services if Songstuff determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Songstuff accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, Songstuff has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with Scottish law.

If you believe that anything on the Sites or the Services infringes upon any copyright which you own or control you may file a notification of such infringement.

Notice of Alleged Infringement (“Notice”)

  • Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Provide your full legal name and your electronic or physical signature.

Submit this Notice, with all items completed, to Songstuff via email using the Contact Form or the postal address as set below:

Songstuff
207 Brenfield Road
Muirend
Glasgow,
Scotland,
UK

If you knowingly misrepresent that the material or activity is infringing, in your notification, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Songstuff respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Sites or the Services; (iv) your address, telephone number, and email address; (v) 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 (vi) 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 authorized to act on the copyright or intellectual property owner’s behalf.

A Special Note About the Children’s Online Privacy Protection Act (COPPA):

CHILDREN UNDER THE AGE OF 13 ARE NOT ALLOWED TO REGISTER AS MEMBERS OF SONGSTUFF. In accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), we will not knowingly collect personally identifiable information from children under the age of 13. Children of all ages are still welcome to enjoy the features of the publicly-accessible areas of the website. We recognize the importance of keeping children safe on the internet and encourage parents to monitor and participate in their children’s online activities.

IMPORTANT: All terms governing the use of this site are subject to change without notice and are immediately enforceable. You are advised to click on the TERMS OF USE/COPYRIGHT NOTICES/PRIVACY POLICY link at the bottom of the website periodically to ensure that you are in compliance. Non-enforcement or any waiver of our rights does not constitute consent or a continuing waiver. Such non-enforcement or waiver does not preclude us from pursuing legal action, at our sole discretion, at any time.

Returns, Refunds and Exchanges Policy

100% Money Back Guarantee

As items sold are digital downloads, they cannot be returned. However, during the first 60 days after purchase, if for any reason you are not satisfied with your product you will be given your money back in full.

Licensed Products

If for any reason you wish to return your product within the first 60 days after purchase you will be given a full 100% refund of the cost of your product.

After that period no refund will be given.

In the case of recurring licenses, you can elect not to renew the license if you are dissatisfied after the 60 days 100% money back guarantee has lapsed. In this circumstance, you may not gain access, or receive updates, after the license term has expired.

Subscription Products

If you are dissatisfied with the subscription product you can elect not to renew the subscription at its next renewal date.

Payment Policy

Accepted Methods of Payment

  • Credit Card (Visa, Master Card, American Express, Discover) via Paypal

Credit Card Charges

Your credit card will be charged when you place your order. If we are not able to fulfil your order for any reason your credit card will be refunded.

Shipping Policy

All orders are fulfilled via digital transfer.

Modifying And Terminating Our Products

We are constantly changing and improving our Products. We may add or remove functionalities or features, and we may suspend or stop a Product altogether.

You can stop using our Products at any time, although we’ll be sorry to see you go. Songstuff may also stop providing Products to you, or add or create new limits to our Products at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Product, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Product.

Songstuff reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Songstuff Sites or to modify or terminate these Terms of Service, the Songstuff Privacy Policy, or the Songstuff Copyright and Intellectual Property Policy without advance notice. If any modification is not acceptable to you, your only recourse is to cease using the Songstuff Sites. By continuing to use Songstuff Sites after any such modifications, you accept and agree to be bound by such modifications. Without limiting other remedies, Songstuff may at any time suspend or terminate your access to the Songstuff Sites or Services without notice to you if Songstuff determines in its discretion that you have failed to comply with any provision of these Terms of Service.

Our Warranties And Disclaimers

We provide our Products using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Products.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SONGSTUFF NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE PRODUCTS, THE SPECIFIC FUNCTION OF THE PRODUCTS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PRODUCTS “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability For Our Products

WHEN PERMITTED BY LAW, SONGSTUFF, AND SONGSTUFF’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SONGSTUFF, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE PRODUCTS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE PRODUCTS AGAIN).

IN ALL CASES, SONGSTUFF, AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Businesses Using Our Products

If you are using our Products on behalf of a business, then that business accepts these terms. It will hold harmless and indemnify Songstuff and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Products or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees of any kind.

About These Terms

Songstuff reserves the right to change our Terms Of Service or any additional terms that apply to a Product at any time, for example, to reflect changes to the law or changes to our Products. Where possible members will be notified that changes or additions to these terms have occurred on this page. We will also post notice of changes or additions in the applicable Product. Changes addressing new Product functions or changes that are made for legal reasons will immediately be in effect. If you do not agree to the modified terms you should immediately discontinue your use of that Product.

These terms govern the relationship between Songstuff and you. They do not create third-party beneficiary rights of any kind.

If you don’t comply with the Terms Of Service, any lack of immediate action on the part of Songstuff does not indicate that we have given up any rights including the possibility of taking any future action.

If any particular term is, or becomes, un-enforceable it shall not affect any other terms.

If you have any questions about the Terms Of Service or anything else please Contact Songstuff.