Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“App” refers to the Songsterr mobile app;
“Service” refers to the services that we provide through our Site, including our online tab player, and our archive of guitar, bass and drum tabs;
“Site” refers to our website, www.songsterr.com;
“Songsterr” refers to our company, known as “Guitar Tabs LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context of the word;
“User” refers to both paid and unpaid users of the registered portion of our Service, and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Songsterr.
3. What Songsterr Offers
Songsterr is an archive of guitar, bass and drum tabs with more than 80,000 songs.
Songsterr is also an online tab player which makes learning tabs easier. It accompanies each tab with a song audio and automatically scrolls through each
tab, indicating exactly which note is being played.
Songsterr has free and paid plans. Our free plan gives Users access to all of the tabs and a subset of player features, including Playback. Signing up for a free Songsterr account is not required to use our free plan, but will allow you to use our favorites function and contribute to the Songsterr archive.
Our paid plan unlocks advanced player features, including Print, Half Speed, Fullscreen, Loop, Tuner and many more.
Songsterr is backed by U.S.-based Guitar Tabs LLC and it is 100% legal. We have great relationships with music publishers, all of the content provided through our Service is licensed, and we pay a percentage of our revenue as royalties to support music creators.
Songsterr also has a mobile app for iOS and Android.
In order to use our Service, you must meet a number of conditions, including but not limited to:
5. Corporate Information
6. Rules of Use
The above eligibility criteria are only initial rules for signing up for our Service. In addition to the above rules, you must not:
Payment can be made by credit card or PayPal. If paying by credit card, your payment information will be collected by Braintree, a third party payment processing service. Unless otherwise stated, all prices are listed in United States dollars. Payment terms and, if applicable, subscription rebilling information, will be posted on our Site and are hereby incorporated into this Agreement by reference.
Should you believe that a refund is in order for any reason, please contact email@example.com. Although we do not undertake to refund any person for any reason, we will evaluate refund requests on a case-by-case basis and, if we believe it is merited, may exercise our discretion and refund a person upon request.
Songsterr may, from time to time, provide discounts, coupons, or other promotions. Songsterr may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
Our App is provided for the iOS and Android at this time, and is available through the third party app stores for each of those systems. Any billing issues regarding your payment for our App are the responsibility of the relevant third party app provider.
Additionally, you agree that any data charges or other third party charges arising from your mobile provider or other third parties shall be your sole responsibility. Songsterr advises you to track your usage of its Service carefully so that you do not incur any unexpected expenses.
Finally, please be advised that our App is software and is provided on a licensed basis. When paying for our App, you are purchasing a license to download and use one copy of our App at the listed price. You must not reverse engineer, copy, or otherwise tamper or replicate our App. You agree that we may revoke this license at any time without warning and without compensation, and that you shall be required to take reasonable efforts to delete any copies of the App or related software that may be in your possession or under your control if such a revocation occurs.
10. Chargebacks and PayPal Disputes
Where a User provides payment to Songsterr through PayPal or Braintree, and that amount of money is subsequently taken from Songsterr due to a chargeback, credit card cancellation, PayPal dispute, or other action that is the fault of the User, Songsterr shall be entitled to recover that amount from the User. Users may, of course, bring a dispute in accordance with the “Forum of Dispute” provisions of this Agreement.
11. Our Copyright
Songsterr has a copyright in the content that it creates. Additionally, Users or other parties may have content posted on the Site which is owned by the Users, or some third party, and licensed to Songsterr for its use. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, regardless of whether such content is posted by Songsterr or by a third party (such as a User posting a guitar tab), without receiving our prior written permission.
12. Your Copyright
Songsterr must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us.
In the event that you do not have any right to grant such a right to us (because you are, for example, posting a tab copyrighted by a third party), Songsterr shall have as many rights over that content as it may be granted by any third party whose copyright subsists in that work.
“Songsterr” is a trademark used by us, Guitar Tabs LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own music-related business.
14. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
15. Copyright & Trademark Infringement
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, regardless of whether it is as a result of a lack of a license provided or otherwise, please send us a message which contains:
You must sign this notification electronically and send it to our Copyright Agent at firstname.lastname@example.org.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
16. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING BRAINTREE OR PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND BRAINTREE OR PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
18. Choice of Law
This Agreement shall be governed by the laws in force in the State of Wisconsin. The offer and acceptance of this contract are deemed to have occurred in the State of Wisconsin.
19. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Wisconsin. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within the Small Claims Court of the State of Wisconsin (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of drafting this Agreement, the monetary jurisdiction of the Small Claims Court is $10,000 for money judgments and $5,000 for tort and personal injury actions.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
For more information on how to file a claim within the Small Claims Court, please visit http://www.wicourts.gov/publications/guides/smallclaimsguide.htm.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Songsterr shall have the sole right to elect which provision remains in force.
Songsterr reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Termination & Cancellation
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
24. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page. You must read this page each time you access our Service, and you agree that your continued use of our Service constitutes your agreement with any such amendments.
26. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Songsterr must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most up-to-date contact information, please contact us at email@example.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: May 7, 2013
© 2014, Songsterr.com.
© 2014, Songsterr.com.