You have permission to use the Website under these terms and conditions so long as (1) your use is only personal and noncommercial; (2) you do not copy or distribute any part of the Website in any medium without first obtaining written consent from Songsterr; (3) you do not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (4) you will otherwise comply with these terms and conditions.
Furthermore, you agree not to use or launch any automated system, such as “robots,” “spiders,” “offline readers,” and the like, that might cause access to the Website in a way that would deliver more messages to the server(s) of Songsterr in a certain period of time than a person can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Website grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Website reserves the right, generally or specifically, to revoke these exceptions. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Submissions (as defined below).
The Website shall permit at any time you and others the right to submit music-related content (“Submissions”) and the hosting, sharing, and/or publishing of such Submissions. However, you understand that whether or not such Submissions are published, Songsterr does not guarantee any confidentiality with respect to any Submissions. The content on the Website, except all Submissions, including without limitation, the text, software, scripts, graphics, music, photos, and the like (“Content”) and the trademarks, service marks and logos contained therein are owned by or licensed to Songsterr, subject to copyright and other intellectual property rights under Cypriot and foreign laws and international conventions. The Content on the Website is provided solely for your information and personal use and cannot and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners. You agree not to engage in the use, copying, or distribution of the Content other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained from the Website for any commercial purposes. If you download or print a copy of the 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 any aspect of the Website.
THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
You are solely responsible for your own Submissions and the results of posting or publishing them. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Website to use and have access with respect to the Submissions all patent, trademark, trade secret, copyright or other proprietary rights.
You will retain all of your ownership rights in your Submissions; provided, however, that pursuant to the inclusion of the Submissions on the Website, you grant to Songsterr a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the any website operated by Songsterr, and its business (as well as its successors), including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each visitor to the Website a non-exclusive license to access your Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Website and under these terms and conditions.
You also agree that you shall not: (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Songsterr, all of the license rights granted herein; (2) publish falsehoods or misrepresentations that might affect Songsterr, or any third party; (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, give rise to civil liability, violate any law, or is otherwise inappropriate; or(4) post advertisements or solicitations of business. Songsterr does not endorse any Submission or any content thereof and expressly disclaims any and all liability in connection with Submissions. Songsterr does not permit any infringement of intellectual property rights on the Website, and will remove any Submissions if properly notified that such Submission infringes intellectual property rights. Songsterr also reserves the right (1) to remove Submissions without prior notice and (2) to decide whether a Submission is appropriate, complies with these terms and conditions, or contains pornography, obscene or defamatory material, or excessive length. Any such Submissions may be removed and/or your access for uploading such material may be denied if there is any violation of these terms and conditions at any time, without prior notice and at the discretion of Songsterr.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with them. You affirm that in all events you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website
If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512©(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Songsterr designated Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email firstname.lastname@example.org
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Songsterr will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Songsterr’s sole discretion.
Songsterr may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the system.
IN NO EVENT SHALL Songsterr, AFFILIATE SITES OR THE OWNERS, WEBMASTERS OR ANY OTHER PERSONNEL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.
We may change or modify this Agreement without notice or liability to you. Your continued use of the Service shall serve as your consent to any change or modification hereto.