Terms and Conditions
1 ACCEPTANCE OF TERMS AND CONDITIONS
1.1 Access to SongForSomeone
It is your responsibility to read and understand any terms and conditions that apply to your use of our website/s and service.1.2 Acceptance. You will not use the SongForSomeone site/s for any purpose that is unlawful or prohibited by these terms and conditions. By using the SongForSomeone download site/s you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these terms and conditions you must immediately stop using the SongForSomeone site/s.
1.3 Right to Amend Terms. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms and conditions at any time without further notice. If we do this, we will post the changes to these terms and conditions on this page. If you do not agree to the terms and conditions as amended, your only course of action is to discontinue to use the SongForSomeone stream/ download service. You are responsible for regularly reviewing these terms and conditions so that you will be notified of any changes. Your continued use of the SongForSomeone site/s, after any such changes, constitutes your acceptance of the new terms and conditions.
2 THE SERVICES
2.1 Services. The SongForSomeone website/s provide a digital mp3 download and streaming service, for the purpose of enabling you to purchase legal digital media. The materials therein are for your own personal and non-commercial use and you are not authorised to make any copies of any downloads or streams other than for personal use.
3 OFFENSIVE MATERIAL
Offensive Material. Whilst we are determined to ensure that the content of all materials within the SongForSomeone website is of a universally inoffensive nature, we do not accept responsibility should our material/s be regarded as unsuitable or offensive by you or others.
4 CHILD SUPERVISION
Accessing SongForSomeone. We are committed to the safety and privacy of our users, including children. Parents who wish to allow their children access to, and use of, the SongForSomeone site should supervise such access and use. It is your responsibility to determine which, if any sections, of the SongForSomeone site/s are unsuitable for your child to access.
5 CHILDREN AND SONGFORSOMEONE
If you are a parent or guardian allowing a child access to the SongForSomeone download services, it is your responsibility to determine which services are appropriate for your child. Use caution when revealing personally identifiable information about yourself or your children via any of the SongForSomeone or connected services. You are fully responsible for his/ her use of the SongForSomeone site, including all financial charges and legal liability that he/ she may incur.
6 PRIVACY POLICY
We recognise that your privacy is very important to you and that it is your right to control your personal information. Any sensitive information submitted by you to us will be treated with strict confidentiality.
6.1 Personal Information. If you register for any of our services you will be asked to provide basic personal information. The information is used solely for notifying you of changes or updates to the SongForSomeone site/s. SongForSomeone will never sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: 1) we are required to by law; or 2) if it is necessary to provide the Services.
6.2 Communications from Us and Mailing Lists. In order to keep our users informed about the operation of the SongForSomeone site/s, we may send e-mails and announcements to your personal email address that you have provided to us upon registration. We may also offer options for you to sign up for our mailing lists without having to use any product or service. For additional information and offers, we give you the option of joining our mailing lists. We may also allow you to choose whether to receive mailings from our promotional partners that we think will be of interest to you. Any promotional e-mail from us will come with instructions for how to unsubscribe from the mailing list.
6.3 Payment Information. Any payment made by you to us will be transacted exclusively by PAYPAL's secure server. Any, and all, actual payment or credit/debit card details will solely be handled by PAYPAL and not be made available to or handled by anyone at SongForSomeone.
6.4 Security. SongForSomeone employs the PAYPAL encryption payment facility to ensure the security of your personal data and payment information. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that any information submitted by you is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
7 USER ACCOUNT, PASSWORD AND SECURITY
7.1 Password Security. If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any unauthorised person's use of the Website/Services, including all financial charges and legal liability that he or she may incur. We recommend that you change your password from time to time for additional security. If you believe someone has accessed any Service using your user name and password without your authorisation, it is your responsibility to set up a new password.
7.2 Unauthorised Access. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will 7 be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree that we will be entitled to assume that any person logging into the Websites using your username and password is either you or someone doing so with your permission.
8 USAGE RULES
8.1 Digital Rights Management. You understand that some of the content includes a security framework using technology that protects digital information and limits your usage of the content to certain standards. You agree to comply with such usage rules and you agree not to violate or attempt to violate any security mechanisms. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such usage rules for any reason whatsoever.
8.2 Samples. A "Sample" is a portion of a song or video, or in some cases, an entire song or video that you can play (and, if applicable, view) directly from and while you are logged on to the SongForSomeone site/s on a promotional basis at no cost to you. You may play as many samples as you like. You may not attempt (or support others' attempts) to capture, copy, or download a sample.
8.3 Content Usage Rules.
(i) You are authorised to use the materials only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law.
(ii) You are authorised to use SongForSomeone materials on up to five authorised devices at any time.
(iii) You agree that you will not attempt to, or encourage/ assist any other person to, circumvent or modify any security technology or software that is part of the SongForSomeone service.
(iv) The receipt of SongForSomeone download materials does not allocate you with the right to benefit from any commercial or promotional use of our materials.
(v) Materials in the MP3 or AIFF format do not contain security technology that limits your usage, and you may use them as often as you wish specifically for personal, non-commercial use.
You agree that your purchase of materials constitutes your acceptance of, and agreement to, use such materials solely in accordance with our terms and conditions, and that any other use of SongForSomeone materials may constitute a copyright infringement. Any embedded security technology, within the SongForSomeone site/s, is an inseparable part of this material.
8.5 Use of the SongForSomeone site/s. You agree not to:
(i) use the SongForSomeone site/s to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise.
(ii) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(iii) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
(iv) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(v) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(vi) make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
(vii) collect or store personal information about others, including email addresses;
(viii) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(ix) impersonate any person associated with a SongForSomeone site/s for the purpose of misleading others;
(x) violate any applicable laws or regulations;
(xi) use the SongForSomeone site/s in any manner that could damage, disable, overburden or impair the SongForSomeone site/s, or interfere with any other party's use and enjoyment of the SongForSomeone site/s;
(xii) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
(xiii) attempt to gain unauthorised access to any of the SongForSomeone site/s, other accounts, computer systems or networks connected to the SongForSomeone site/s through hacking, password mining or any other means.
8.6 Monitoring. We have no obligation to monitor the SongForSomeone site/s but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.
9 TERMINATION
9.1 Termination. We have the right to terminate your access to any or all of the SongForSomeone site/s at any time, without notice, for any reason, including without limitation, breach of these terms and conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the SongForSomeone site/s.
11 REFUND POLICY
11.1 All Sales are Final. All sales are final and all charges from those sales are non-refundable. Due to the nature of the service you are not able to cancel any purchases of downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective. In exceptional circumstances, refunds may be given at the discretion of a SongForSomeone employee.
13 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
14 INTELLECTUAL PROPERTY RIGHTS
Intellectual Property. The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the SongForSomeone site/s) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the SongForSomeone site/s you agree that you will access the contents solely for your personal, non-commercial or public use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the SongForSomeone site/s for personal, non-commercial home use only.
15 DISCLAIMERS AND LIMITATION OF LIABILITY
Use of the SongForSomeone site/s is at your own risk. The SongForSomeone site/s are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
16 SEVERANCE
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
17 GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.