Terms of Use

 

SPECIAL NOTE FOR SONGLINE.CO OR SONGLINE APPLICATION VISITORS

This is a legal agreement, and it is very important that you understand exactly what you are agreeing to when you become a Songline user.  Please review the following terms and conditions of use (“Terms of Use” or “Agreement”) carefully before accessing, utilizing, creating an account, or logging in to the Songline Application, and please inquire about anything you do not understand. If you are not 18 years of age, have your parents review these Terms of Use and assist you to create and register a user account. By creating an account or logging in to the App, you are signifying your acknowledgement, acceptance and agreement to these Terms of Use.  Therefore, if you do not agree to these Terms of Use, DO NOT set up a user account or otherwise access or utilize the Service.  If you have any questions about this agreement, you can reach us at hello@songline.co.


1.         Acceptance of Terms.

THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT HTTP://WWW.SONGLINE.CO/TERMS-OF-USE, AND AS INCORPORATING THE SONGLINE PRIVACY POLICY (PUBLISHED AT HTTP://WWW.SONGLINE.CO/PRIVACY-POLICY) COMPRISE A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND SONGLINE CO. (“SONGLINE” OR “WE”).  YOU MUST READ AND AGREE TO THESE TERMS OF USE IN ORDER TO BECOME A MEMBER OR USE THE SONGLINE APPLICATION ("APP") OR WEBSITE AVAILABLE AT HTTP://WWW.SONGLINE.CO (“WEBSITE”) AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY SONGLINE (COLLECTIVELY WITH THE WEBSITE AND APP, THE “SERVICE”). BY REGISTERING FOR AND/OR USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE APP, YOU AGREE TO BE BOUND BY THIS AGREEMENT.  THIS AGREEMENT APPLIES TO ALL USERS OF THE SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF INFORMATION AND OTHER MATERIALS.

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on http://www.songline.co, each of which is incorporated by reference and each of which may be updated by Songline from time to time without notice to you.  In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Songline from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Any modifications to the Terms of Use will be brought to your attention by email to the address you used to register or by posting on the Website or App.  Such modifications will be effective immediately, and will apply to disputes arising under the Terms of Use from the date of posting of the modified Terms of Use forward. Your continued use of Songline after a modification has been made to the Terms of Use constitutes your acceptance of such modification.

2.         Registration and Eligibility.

To access the Service, you must register with Songline and create a personalized account, which may include your name, email address, and a password. By becoming a Songline user (“Member” or “User”), you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your registration for Songline does not violate any applicable law or regulation in your jurisdiction.  Songline may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.  This provision is void where prohibited by law and the right to access the Website or Service is revoked in such jurisdictions.

3.         Age Restrictions.

You must be at least 13 years old to register for and use the Service. By using and accessing the Service you hereby acknowledge, represent and warrant to Songline that, if you are under eighteen (18) years of age, you have your parent’s or legal guardian’s full consent, agreement and acknowledgement to use and access the Service and they represent and warrant, on your behalf, that they possess the legal right and ability to enter into this Agreement and do so on your behalf.

4.         User Accounts.

4.1              Account Creation.

Each User of Songline will be required to create a user account (“Account”).  If you create an Account, you agree to provide current, complete, true and accurate information, and agree to update this information should it change.  You shall not create an account this is (a) for someone besides yourself without the other person's prior permission; (b) used to impersonate another person or entity; (c) subject to the rights of another person or entity without prior authorization; or (d) offensive, obscene, or unlawful. You agree that we may limit the number of Accounts you are able to create.  You agree that Songline reserves the right to deny registration of, reclaim, or cancel an account at its discretion.

4.2              Account Security.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.  YOU MAY NOT USE ANYONE ELSE’S ACCOUNT, AND YOU MAY NOT ALLOW ANYONE ELSE TO USE YOUR ACCOUNT EXCEPT AS EXPLICITLY ALLOWED BY SONGLINE.

You agree to notify us immediately of any compromise of your password, unauthorized use of your Account, or any other breach of security and to provide properly documented evidence as requested by us.  You agree that you will be liable for losses incurred by us or another party due to someone else using your Account or password.  You agree that we will not be liable for any loss you may incur as a result of someone else using your password or Account, either with or without your knowledge.   

4.3              Account Suspension and Termination.

YOU UNDERSTAND AND AGREE THAT WE MAY, AT OUR SOLE DISCRETION AND AT ANY TIME, TERMINATE AND/OR SUSPEND YOUR SONGLINE MEMBERSHIP ACCOUNT FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO FOR VIOLATION OF THESE TERMS OF USE OR VIOLATION OF ANY OTHER POLICY RELATED TO SONGLINE, WITH OR WITHOUT NOTICE TO YOU.  YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION AND/OR SUSPENSION.  IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED, YOU WILL HAVE NO FURTHER ACCESS TO SONGLINE.

5.4              No Right to Account Ownership

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO YOUR USER ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SONGLINE.

5.         Intellectual Property Rights.

5.1              Intellectual Property Rights.

“Content” shall mean all digital material on Songline or the Service including, without limitation, software, illustrations, documentation, information, music, pictures, images, textures, photographs, animations, three-dimensional models, video, audio, text, and all other digital material.  All Content is protected by both United States law, as well as the laws of various international jurisdictions, including, but not limited to copyright laws, Trademark law, patent law, trade secret law and various governmental treaties.  Songline and any agents, affiliates, and licensors relevant thereto (collectively, “Songline”) owns all right, title and interest in and to the Content.  Except for any rights specifically enumerated as being licensed to you hereunder, Songline reserves any and all of its rights to the Content.

You acknowledge and agree that except as set forth herein, all rights, title and interest in and to the Website and App and in and to all Content are and shall remain the exclusive property of Songline and/or Songline's licensors.  Except as expressly provided herein, Songline and/or its licensors do not grant you any express or implied rights in and/or to the Content and/or the Website and/or Services, and all right, title and interest are retained by Songline and/or its licensors.  You acknowledge that all Content accessed by you using the Website or the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

5.2              No Rights to Data.

These Terms of Use are not intended to and do not transfer any right, title or interest in the Content to you.  The limited rights granted herein solely relate and involve the specific rights of Songline listed hereinbelow and do not extend to other intellectual property rights or interests that exist now or may exist in the future, such rights being fully and completely reserved.  Furthermore, Songline retains sole and complete right, title and interest in and to the Website, Services or other Content, as well as any and all ancillary intellectual property related thereto.

5.3              Specific License and Restrictions.

Free of any associated charge or cost to you, Songline hereby grants you a non-exclusive, non-transferable, limited right license to access, use and display the Services or the Website specifically for personal, non-commercial use only.  If at any time, in Songline’s sole discretion, it is determined that you are utilizing the Website or Services in a manner inconsistent with personal and non-commercial use, or if you otherwise fail to fully comply with these Terms of Use, Songline may terminate your license to use the Website and Services without notice.  This license is fully and completely revocable at any time by Songline, with or without notice and for any or no reason.  Songline makes no warranty as to suitability or use of the Website or Services and limited license granted herein and you acknowledge, agree and otherwise consent that Songline shall have no liability arising from or in connection with your use of the Website or Services.

Songline may design or otherwise configure the Website or Services to include certain methods that enable Songline to identify the specific version of the Website or Services being used by your account.   Said configurations may provide Songline with the ability to amend change or update the version of the Website or Services being utilized without any further notice or interaction with you.  In order to do this Songline retains the right to poll or otherwise access your user account or preferences in order to provide the updated versions of the Website or Services automatically in the most seamless and expeditious manner possible.

By use of the Website or Services you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Website or Services in any way inconsistent with the rights of use provided by the license herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of Songline; (iii) attempt to access source or object code of the Website or Services, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Website or Services; (v)  attempt to disable any digital rights management or copy protection aspects of the Website or Services, not already specifically prohibited by existing laws; (vi) create code, software or other program that incorporates any elements of the Website or Services; (vii) attempt to hack into, compromise or otherwise access the object or source code of the Website or Services for any purposes, personal or commercial, without the express written permission of Songline; or (viii) interrupt or attempt to interrupt the operation of the Website or Services in any way.  To the extent that you fail to comply with the prohibitions listed above, you agree, without any further compensation or remuneration to assign, give or otherwise transfer all concepts and ideas, and all materials, products, related modifications thereto and any independent intellectual property rights developed or prepared by or for you in connection with the Website or Services including without limitation all text, images, music, audio, video and other information, Website frames, and all HTML, Java, flash or other code relating thereto, as the exclusive property of Songline, and all right, title and interest thereto shall vest in Songline and they shall be deemed to be a “work made for hire” and made in the course of services rendered hereunder.  To the extent that title to any such works may not, by operation of law, vest in Songline or such works may not be considered works made for hire, all right, title and interest therein are hereby irrevocably assigned to Songline.  In the event that you engage any person, other than a regular employee, to design or develop the above listed elements, you will require each such person to execute a written agreement assigning all rights in the work performed by such person in connection with these terms to Songline.  All elements shall belong exclusively to Songline with Songline having the right to obtain and hold in its own name all copyright, patent, and trademark registrations, and such other protections as may be appropriate to the subject matter, and any applications, extensions, continuations and renewals thereof and all merchandising rights therein.  Moreover, you agree to give Songline and any person designated by it, any reasonable assistance required to perfect the rights defined in this section.

You agree not to use bots, spiders or other intelligent agent software or methods for any purpose other than accessing publicly posted portions of the Website or Services and then only for the purposes consistent with these Terms of Use.

IN ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR PROTECTIONS PREVIOUS SET FORWARD, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF WEBSITE, SERVICES OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.

6.         User Conduct and Content.

6.1              Use Restrictions and Conduct.

Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct. You are responsible for all your activity in connection with the Service and for abiding by all relevant local, state, national, and international laws and regulations. 

You agree that you will not under any circumstances:

  • Violate any applicable laws or regulations, or promote or encourage any illegal activity;
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, deceptive, fraudulent, pornographic, or racially, sexually, religiously, or otherwise objectionable and offensive as determined by Songline at its sole discretion;
  • Attempt to, or harass, abuse or harm another person or group;
  • Use another user’s account without permission;
  • Impersonate another User or create a false identity, including but not limited to identities falsely indicating that the User is another Songline User, a celebrity or other well known person, or a Songline representative; 
  • Interfere or attempt to interfere with the proper functioning of the Service;
  • Take any action that imposes or may impose or potentially impose (as determined by Songline in its sole discretion) an unreasonable or disproportionately large load on Songline’s (or its third party providers’) servers or infrastructure;
  • Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
  • Collect in any manner information regarding any User of Songline, or other information regarding Songline or any part thereof, or distribute such information to any third party;
  • Gain or attempt to gain unauthorized access to Songline, to unpublished information or material, to other Users’ Account information, or to computer systems and/or networks connected to Songline, such as through hacking, phishing, password mining, social engineering, and/or any other method to gain or attempt to gain unauthorized access;
  • Publish, post, upload, transmit, distribute, disseminate or otherwise make available at Songline any hacks, exploits, cheats, bots, automation software, mods or any other unauthorized third-party software designed to modify the Songline experience without the prior express written consent of Songline;
  • Make false reports to Songline administrators;
  • Resell or make any commercial use of Songline without the prior express written consent of Songline;
  • Provide unsolicited advertising and commercial communications;
  • Engage in fraudulent transactions; or
  • Offer to transfer, buy, auction, rent, lease, loan or sell access to your Songline Account.   

6.2              Posting and Conduct Restrictions.

When you create your own personalized account, you are able to provide "User Content," which includes, but is not limited to, comments, information, data, text, and photographs. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  The Company, however, reserves the right to remove any User Content from the Service at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, false, or inaccurate;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including rights related to privacy, publicity, and trade secrets, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  • You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

When you add content or information to the Service, the User Content is public and all users can view your profile and User Content.  You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility.  The Company is not responsible for any public display or misuse of your User Content.  The Company does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

6.3              Online Content Disclaimer.

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  The Company cannot guarantee the identify of other Users on the Service. The Company does not guarantee the accuracy, authenticity, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts, sends, or privately transmits over the Service.  Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

You use the service at your own risk. Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable.  The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.  The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.  If you become aware of misuse of our Service, please contact us at hello@songline.co.

Messages sent between you and other users that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.

6.4              Deleting Content.

When you delete User Content, such User Content may no longer be visible in your account. The information, however, may remain accessible to users who have previously viewed or downloaded this User Content and may continue to exist on backup versions of the Service.  

7.         Your Grants of Rights.

Songline allows users to submit User Content to the Service. You own the rights to your User Content that you provide on Songline. To the extent you submit any User Content you acknowledge and agree that you automatically grant (and represents and warrant that you have the right to grant) the following:

7.1         A royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Songline to use, reproduce, distribute, remove, and analyze any of your User Content as Songline may deem necessary or desirable for any purpose in connection with the operation of the Service, including but not limited to for purposes of creating, providing, managing, debugging, testing and/or providing support for Songline; 

7.2      A royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Songline to copy, modify, and reproduce your User Content for marketing and/or promotional purposes in connection with Songline in any media, whether presently known or unknown; 

7.3    A royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to each user of Songline and/or the Service to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content solely for personal, non-commercial use; and

7.4      Except as set forth herein, the perpetual and irrevocable right to Songline to delete any or all of your User Content from Songline whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party.

8.         Service Termination, Suspension and Changes.

SONGLINE RESERVES THE RIGHT TO TERMINATE, SUSPEND, OR CHANGE ANY SERVICE OR FEATURE OF SONGLINE AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OUR WITHOUT NOTICE TO YOU. YOU AGREE THAT SONGLINE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, OR CHANGE. IN THE EVENT THAT THE SERVICE IS TERMINATED, SUSPENDED, OR CHANGED, YOU WILL NOT RECEIVE ANY REFUND.

9.      User Consent to Receive Communications in Electronic Form.

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted or through the Service; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by sending an email to hello@songline.co. Opting out may prevent you from receiving messages regarding the Company or special offers.

10.      Jurisdictional Issues and Export Control Laws.

Songline is controlled and operated by Songline from within the United States.  We make no representation that the Website or the Service are appropriate or available for use in other locations.  Those who choose to access the Website or the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree not to use or otherwise export or re-export the Website or Service except as authorized by United States law and the laws of the jurisdiction in which the Website or Services was obtained.  Without limited the foregoing, the Website or Services may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries (currently Cuba, Iran, Myanmar (Burma), North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.  By accessing and using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.

11.      Links to Third-Party Sites.

The Songline Website or App may link to third party sites (“Linked Sites”) or content or items belonging to or originating from third parties, including applications or software, ("Third Party Offerings”).  These Linked Sites and Third Party Offerings are not controlled by Songline and we are not responsible for the information, materials, or services of the Linked Sites or Third Party Offerings, for the business practices or privacy policies of the Linked Sites or Third Party Offerings, or for the collection, use or disclosure of any information by the Linked Sites or Third Party Offerings.  Songline provides links to the Linked Sites and Third Party Offerings only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Songline of any Linked Site or Third Party Offerings.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Linked Sites or Third Party Offerings accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  

If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

12.      Mobile and Other Devices.

Songline is free to download, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

13.      Disclaimer of Warranty; Limitation of Liability.

To the maximum extent allowed by law, neither Songline nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “Songline Parties”) warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through Songline.co or the Service.  You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom.   

YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK.  SONGLINE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.  SONGLINE PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE SERVICE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.  SONGLINE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF USE OF THE SERVICE, OR ANY OTHER LOSS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY SONGLINE, BY THIRD PARTIES, OR BY YOU OR OTHER USERS. 

THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF SONGLINE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE SONGLINE PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE OR APP OR BY USE OF THE SERVICES OR ANY RELATED PRODUCTS.  YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SONGLINE IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S).  IN NO CASE SHALL ANY LIABILITY OF THE SONGLINE PARTIES TO YOU EXCEED FIFTY DOLLARS ($50).  IN NO CASE SHALL THE SONGLINE PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SONGLINE.CO, THE SERVICE, THE PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR INTERACTIONS WITH SONGLINE. 

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SONGLINE AND THE SONGLINE PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THE SONGLINE PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE PRODUCTS, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF SONGLINE.CO OR THE APP FOR ANY PURPOSE.  THE PRODUCTS, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF SONGLINE.CO OR THE APP MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. 

SONGLINE EXPRESSLY DISCLAIMS ALL REPRESENTATION AND WARRANTIES REGARDING PRODUCTS, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTIES DURING YOUR USE OF SONGLINE.CO OR THE APP. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS WITH THIRD PARTIES.

YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, SONGLINE SHALL NOT BE LIABLE TO YOU FOR THE LOSS OF ANY DATA OR ELECTRONIC FILES, FOR ANY REASON WHATSOEVER.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

14.      Termination.

Songline reserves the right, in its sole discretion and without notice, to immediately terminate your user account and access to any or all of the Website, App, related Services or any portion thereof, at any time without further notice.  Likewise, you retain full discretion to end or terminate your user account and discontinue use of the Website or Service at any time, pursuant to the terms of this Agreement. You may terminate your account by emailing hello@songline.co.

15.      Assignment.

Songline may assign these Terms of Use, in whole or in part, at any time.  Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without Songline’s express prior written consent.

16.      Indemnity.

You agree to defend, indemnify and hold harmless Songline from and against all claims, losses, costs and expenses (including without limitation court costs and attorneys fees) arising out of (a) your use of, or activities in connection with the Website or Service; (b) any violation of these Terms of Use by you or through your Account; or (c) any allegation that any Content that you make available via www.songline.co or the App infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

17.      Dispute Resolution.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Songline agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.  You agree that the provisions in this paragraph will survive any termination of your account(s) or the Website or Service.

By your access of and use of the Website or Service you hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this Agreement or any of the transactions contemplated herein or related to the Website or Service (including without limitation, statutory, equitable or tort claims) will be dealt with in accordance with the following procedures.  All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration.  Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other.  Songline will email you a copy to the email address you have provided to us or post a notice on the App.

If the Dispute is not resolved through informal negotiations the Dispute (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration before a sole arbitrator.  YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you.  For residents outside the United States, any arbitration shall be initiated in San Francisco, California, using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court.  The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.  Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.  Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.  Use of the Website or Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

The parties agree that any arbitration shall be limited to the Dispute between you and Songline individually.  To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

18.      Jurisdiction and Choice of Law.

To the extent not covered by the Dispute Resolution provisions above, any disputes between you and Songline shall be subject to the exclusive jurisdiction and venue of the courts located in San Francisco, California and shall be governed by, and will be construed under, the law of the United States of America and the law of the State of California, without regard to choice of law principles.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.  You agree that if you choose to access www.songline.co or the App from outside of the United States, other laws may apply and those laws shall affect this Agreement only to the extent required by such jurisdiction.  In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.

19.      Termination of Agreement and Survivability of Terms.

This Agreement is effective until terminated.  Songline may terminate this Agreement with or without notice to you by terminating your Account as set forth herein. All provisions of this Terms of Use will survive termination of your account, including warranty disclaimers, indemnity and limitation of liability.

20.      Severability.

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. 

21.      Complete Agreement

These Terms of Use, including the documents expressly incorporated by reference, constitute the entire Agreement between you and Songline with respect to its subject matter.  This Agreement supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Songline with respect to its subject matter and you represent that you have not relied on any such communications in accepting this Agreement.

22.      General Provisions.

Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Songline with respect to such use. 

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Songline shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Songline. 

The parties hereby acknowledge and agree that Songline would be irreparably damaged if these Terms of Use were not specifically enforced.  Therefore Songline shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies as Songline may otherwise have available to it under applicable laws. 

The parties agree that all correspondence relating to this Agreement shall be written in the English language.

BY CREATING AN ACCOUNT OR ACCESSING THE SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

If at any time you wish to obtain an additional copy of the above Terms of Use, please visit the Website http://www.songline.co/terms-of-use and again review or print the Terms of Use.

Contact

You may contact Songline at hello@songline.co.

 

Last Updated: This Terms of Use was last updated on November 1, 2016.