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TOS

Songstuff Terms Of Service

Welcome To Songstuff!

Thanks for using our website, services and products (collectively referred to as “Products”). These Products are provided by Songstuff (“Songstuff”), located at 207 Brenfield Road, Muirend, Glasgow, G44 3PE, 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 Products you are agreeing to 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.

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.

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 which 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 trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  7. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  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 the 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.

Copyright Protection

Copyright © 2000-2014 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 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.

Recording and Writing Service Copyright

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 and submit them via email or the postal mail as set bellow:

Songstuff
207 Brenfield Road
Muirend
Glasgow,
Scotland,
UK

Contact Songstuff by email

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.

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.

Site 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 moreover. 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.

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 community member, you are consenting 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 default. However you can remove yourself from receiving notifications and newsletters by logging in and changing your notification settings on your notification settings page when editing your profile.

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.

Returns, Refunds and Exchanges Policy

100% Money Back Guarrantee

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 renew the license if you are dissatisfied after the 60 day 100% money back guarrantee 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 it’s next renewal date.

Recording and Writing Service

We offer a risk-free, money-back guarantee on your first song.

After placing your order, we’ll send you a high quality mp3 preview of our recording. If you don’t approve the preview, just tell us why and we’ll refund your money in full.

If your order includes several services for a song and you decide to terminate the process, you’ll get a full refund for the services you didn’t approve.

Refund requests after 30 days of purchase date are subject to 10% transaction fee.
Refund requests after 3 months will only be eligible as Songstuff credit for future services.

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 fulfill 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.

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.