This Agreement contains the terms and conditions that govern your access to and use of the Service Offerings (as defined below) and is an agreement between Songstoshare and you or the entity you represent (“customer”). This Agreement takes effect when you visit this website.
Eligibility for Songstoshare service.
All customers (premium or free) must agree to not use Songstoshare or any of its infrastructure for illegal or otherwise unauthorized purposes.
Our services are available business entities which are in good legal standing that can form legally binding contracts under applicable law.
Description of service.
Songstoshare offers an online based music storage and social network. Songstoshare reserves the right to update, modify, add or remove any part of this service from time to time at its own discretion and without prior notification. The usage or purchasing of an account or subscription does not constitute the license to any software, media, content or any other type of available files.
Ownership of data
Customers acknowledge that they will retain the rights to all material uploaded to Songstoshare. Songstoshare shall not own or license any data, content, information or material that the customer or any of the customer’s users submit to the Songstoshare service.
The customer agrees and acknowledges to having the full legal right to upload and/or legal ownership of any data the customer intends to upload to the Songstoshare service prior to uploading the data. The customer, not Songstoshare, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all uploaded data.
All elements of the website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Songstoshare, the Songstoshare logo and other Songstoshare products referenced herein are trademarks of Songstoshare, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Songstoshare shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any uploaded data. You use Songstoshare service at your own risk.
The customer has the sole responsibility and liability for the data its stores on Songstoshare servers. Songstoshare encourages the customer to archive his/her data regularly and frequently; the customer bears full responsibility for archiving his/her data and sole liability for any lost or irrecoverable data. The customer agrees to maintain its data in compliance with its legal obligations. Songstoshare will delete customer data upon termination of this agreement.
The customer acknowledges that all information provided to Songstoshare is true, accurate, current and complete. The customer agrees to maintain and update their information and to ensure that it is true, accurate, current and complete. If, at any time, any information provided by the customer is un-true, in-accurate, not current or in-complete, Songstoshare will have the right to suspend or terminate the customer’s account and this agreement.
Songstoshare will not monitor, edit or disclose any information regarding the customer or the customer’s account, including any uploaded data, without the customer’s prior permission, except as permitted by this agreement or as required by applicable law. Songstoshare may access the customer’s account, including uploaded data, to respond to service or technical problems or as stated in this agreement or required by applicable law.
The customer agrees not to use any of the services provided by Songstoshare to spread content that involves but is not limited to:
Messages of terror, death or torture against humans and/or animals.
Illegal or obscene material or fosters or promotes illegal activity.
Sale of illegal weapons.
Material that may violate hate crimes legislation.
Content that can be harmful to minors in any way, shape or form (this includes but is not limited to child pornography).
Upload or disseminate any content which violates any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Songstoshare will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about the customer, the customer's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content. Songstoshare reserves the right to immediately suspend or terminate any account without any form refund and/or ban a customer without prior notice.
The customer shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.
Access and interference
Violations or attempts to violate Songstoshare systems or to interrupt Songstoshare services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:
Unauthorized access to or use of Songstoshare services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of Songstoshare; or
Interference with service to any customer or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or
Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the services; or
Any action that imposes an unreasonable or disproportionately large load on Songstoshare infrastructure.
The customer shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the services or any other software on Songstoshare.
Copyright or trademark infringement
Songstoshare services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If the customer uses another party's material, the customer must obtain prior authorization. By using the services, the customer represents and warrants that the customer is the author and copyright owner and/or proper licensee with respect to any hosted content and the customer further represents and warrants that no content violates the trademark or rights of any third party.
Songstoshare reserves the right to suspend or terminate a customer's transmission(s) that, in Songstoshare discretion, violates these policies or violates any law or regulation.
Misuse of system resources
The customer shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on Songstoshare servers.
Whether lawful or unlawful, Songstoshare reserves the right to determine what is harmful to its customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the internet. Please be aware Songstoshare reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, Songstoshare will refer complaints to law enforcement authorities, and in such case, Songstoshare will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering customer account and data information.
Complaints about violators of our policy should be sent via e-mail to contact[at]songstoshare.com, subject as 'abuse'. Each complaint will be investigated and may result to immediate cancellation of services without prior notice.
The customer expressly understand and agrees that:
The use of the service is at the customer’s sole risk. Songstoshare services are provided on an "as is" and "as available" basis. Songstoshare and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Songstoshare and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our services, software, or content;
Songstoshare makes no warranty that:
the service will meet the customer’s requirements,
the service will be uninterrupted, timely, secure, or error-free,
the results that may be obtained from the use of the service will be accurate or reliable,
the quality of any products, services, information, or other material purchased or obtained by the customer through the service will meet the customer’s expectations, and
any errors in the software will be corrected;
Any material downloaded or otherwise obtained through the use of the service is done at the customer’s own discretion and risk and that the customer will be solely responsible for any damage to the customer’s computer system or loss of data that results from the download of any such material;
No advice or information, whether oral or written, obtained by the customer from us or through or from the service shall create any warranty not expressly stated in these terms and conditions.
The customer agrees to defend, indemnify, and hold harmless Songstoshare, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from the customer’s use the service, or the customer’s breach of this agreement or other Songstoshare policies, terms and conditions.
Limitation of liability
The customer’s use of Songstoshare is at his/her own risk. If the customer is dissatisfied with any aspect of our service or with these terms & conditions, or any other rules or policies, the customer‘s sole remedy is to discontinue use of the service. The customer expressly understand and agree that Songstoshare shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
The use or the inability to use the service;
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
Unauthorized access to or alteration of the customer’s transmissions or data;
Statements or conduct of any third party on the service; or
Any other matter relating to the service.
Modifications to agreements, policies or to our services
Songstoshare reserves the right to change this service agreement at any time without notice. Songstoshare also reserve the right at any time to modify or discontinue the service, temporarily or permanently, with or without notice to the customer. The customer agrees that we shall not be liable to the customer or any third party for any modification, suspension or discontinuance of the service. The customer acknowledges that we may establish general practices and limits concerning use of the service, including the maximum disk space that will be allotted on Songstoshare's servers on the customer’s behalf, and the maximum number of times (and the maximum duration for which) the customer may access the service in a given period of time.
Without limiting other remedies, Songstoshare may immediately issue a warning, suspend (i.e., lock out access and operation of services for customer) either temporarily or indefinitely, or terminate customer's account and refuse to provide services to customer if:
Songstoshare believes that customer have violated or acted inconsistently with this agreement, or any of our policies; or
The customer has failed to pay fees or other payments due to Songstoshare ; or
Songstoshare is unable to verify or authenticate any information customer provides to Songstoshare; or
Songstoshare believes that customer's actions may cause legal liability for customer, Songstoshare's other clients, or Songstoshare.
Songstoshare may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. The customer agrees that any termination of the customer’s access to the service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that Songstoshare may immediately deactivate, archive or delete the customer’s account and all related information and data and/or any further access to such data or the service. Further, the customer agrees that Songstoshare shall not be liable to the customer or any third-party for any termination of the customer’s access to the service. Upon termination of this agreement by either customer or Songstoshare, all of customer rights under this agreement, and Songstoshare's provision of services, will terminate immediately.
The customer and Songstoshare are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
The customer may not assign any of its rights, or delegate any of its duties, under this agreement, and any attempted assignment will be null and void.
Operation of our services may be interfered with by numerous factors outside of our control and we shall not be liable to the customer for any delay or failure in performance under this agreement resulting directly or indirectly from causes beyond Songstoshare's control.
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Songstoshare confidential information
The customer represents and warrant to Songstoshare that:
The customer is not a competitor of Songstoshare;
The customer shall keep publicly unannounced information and materials pertaining to Songstoshare , pre-release software, testing or testing procedures strictly confidential and;
The customer shall not use any information gained from access to the Songstoshare website or use of the Songstoshare services to compete with Songstoshare in its business.