Updated Aug 5, 2019
By clicking the “I accept” button, completing the registration process, making a purchase, browsing our website, and/or downloading any of our songs, you represent that: (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with Songs For Humanity, and (3) you have the authority to enter into this Terms agreement. For clarity, the term “you” refers to the individual or legal entity, as applicable, identified as the user when you complete an account registration or make a purchase, and in the case of a legal entity, you represent that you are authorized to bind that entity to these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES.
Purchase of products and service:
The purchase of digital products, services, memberships (collectively, “Products and Services”) from Songs For Humanity, and the delivery thereof, will require you to pay a fee. You agree to pay those amounts shown to you during the checkout and understand that Products and Services are only returnable up to 7 days post purchase. Although the purchase of a download grants you license to send each purchased song an unlimited amount of times, the delivery of any Products and Services to you does not transfer any commercial or promotional rights in the Products and Services. You may not resell, rent, lease or provide the Products to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce, or create new works from, any of the Products in whole or in part. You are specifically prohibited from using any of the Products to send commercial advertising or mass mailings of any kind. Songs For Humanity may also restrict your access to parts or all of the Product without notice or liability.
Copyright. The content, including text, images, audio-visual works, computer code, music compositions, and sound recordings are protected by copyright and other intellectual property laws throughout the world.
Licenses to Websites. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferrable, non-commercial license.
To browse, access, and view any of our products that are available to visitors to our website.
To download, install and share copies of each of the songs purchased on any mobile device or computer that you own or control.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions:
You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit our Services or any portion of our Services;
You shall not frame or use framing techniques to enclose any of our Services, including any trademark or logo, (including images, text, page layout or form);
You shall not use any metatags or other “hidden text” using Songs For Humanity;
You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of our Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in our websites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
Except as expressly stated herein, you shall not copy, modify, reproduce, republish, display, post, or repost in any form or by any means, any part of our Services;
You shall not remove or destroy any copyright notices or other proprietary markings contained on or in our Services.
You understand that the Products, Services and content we provide on the Songs For Humanity website is subject to change at any time, and that Products, Services and content may be added or removed at our discretion. Such changes may include, among other things: the addition or removal of content, Products and/or Services.
Songs For Humanity and its suppliers and service providers reserve all rights not granted in these Terms. Any unauthorized use of our Services terminates the licenses granted by Songs For Humanity pursuant to these Terms.
Indemnification. You agree to indemnify and hold Songs For Humanity, affiliates, officers, employees, agents, partners and licensors harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, our Services; (c) your violation of these Terms; (d) your violation of any rights of another party, including other Users; or (e) your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify Songs For Humanity for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services provided hereunder. You agree that these provisions will survive any termination of your Account, these Terms or your access to our Services.
Disclaimer of warranties and conditions. you expressly understand and agree that to the extent permitted by applicable law, your use of our services is at your sole risk, and our services are provided on an “as is” and “as available” basis, with all faults. we reserve the right to amend errors and update product and service information at any time without prior notice. songs for humanity expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of our services.
Songs For Humanity makes no warranty, representation or condition that: (1) our services will meet your requirements; or (2) your use of our services will be uninterrupted, timely, secure or error-free.
Any content downloaded from or otherwise accessed through our services is accessed at your own risk, and you shall be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access our services, or any other loss that results from accessing such content.
The services may be subject to delays, cancellations and other disruptions. Songs For Humanity makes no warranty, representation or condition with respect to services, including but not limited to, the quality, effectiveness, reputation and other characteristics of services.
Cap on liability. Under no circumstances will Songs For Humanity be liable to you for more than the greater of (a) the total amount paid to Songs For Humanity by you during the one-month period prior to the act, omission or occurrence giving rise to such liability or (b) the remedy or penalty imposed by the statute under which such claim arises. The foregoing cap on liability shall not apply to liability of Songs For Humanity for any injury caused by a Songs For Humanity fraud or fraudulent misrepresentation.
Copyright Infringement Claims. We have The right to terminate, in appropriate circumstances, and at our sole discretion, User privileges to any or all of our Services for any User (including a Registered User) who repeatedly infringes copyright, upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on our Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of the location on our Services of the material that you claim is infringing;
Your address, telephone number and email address;
A written 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
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send this information to our Support Services: Email email@example.com
International Users. Our Services can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that we intend to announce such Services or Content in your country. The selection and availability of our Services may vary from country to country, device to device (because of technical limitations), and User to User. Our Services are controlled and offered by us from its facilities in the United States. Songs For Humanity makes no representations that our Services are appropriate or available for use in other locations. Those who access or use our Services from other countries do so at their own volition and are responsible for compliance with local law.
Notice. Where we require that you provide an email address, you are responsible for providing us with your most current email address. If the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Songs For Humanity’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Songs For Humanity at the following address: firstname.lastname@example.org
Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. These Terms may be amended or superseded only by a mutually-executed writing. As used herein, “including” means “including without limitation”.