You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Songfinch servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Songfinch grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Songfinch reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
The content created by Songfinch, including without limitation, the text, graphics, and photos created by and for the Website, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Songfinch, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Songfinch or as expressly provided herein. Songfinch reserves all rights not expressly granted in and to the Website and the Content contained therein.
A user of the Website who receives a custom musical recording comprised of a master audio recording and the original composition contained therein (collectively as the “Master”) and/or an accompanying personalized slideshow or video, comprised of user owned or controlled photos or videos, to accompany the Master (collectively as the “Video”), shall be given the limited license to use the Master and/or the Video solely for personal use. A user shall have no right to exploit, copy, sell, lease, publicly perform, license or otherwise grant rights in and to the Master and/or the Video. No ownership or rights of any sort in and to the Master and/or the Video shall be transferred, assigned or sold to the user through the purchase of the Master and/or the Video via the Website. Songfinch may, in its sole discretion, grant a user additional rights to share the Master and/or the Video solely through mechanisms (e.g. embedding) provided on the Website. Any such grant of additional rights shall in no way alter or waive the rights expressed hereunder and shall be provided solely as a means for a user to enjoy and listen to the Master and/or the Video.
Songfnch shall not, without the express consent of a user, use, in any way or via any medium, the user generated content outside of the uses set forth herein.
The interactive nature of postings on Songfinch makes it impossible for Songfinch to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Songfinch users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users are not endorsed by Songfinch, and we make no guarantee regarding the reliability, accuracy, or quality of any user submitted content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any user submitted content, including any reliance on the accuracy, completeness, or usefulness of such user submitted content. All user submitted content posted to the Website is the sole responsibility of the person who originally posted the user submitted content, and your sole recourse for any damage you may suffer as a result of user submitted content shall be to such individual.
You shall be solely responsible for your own user submitted content and the consequences of posting or publishing them. You retain all of your ownership rights in your user submitted content.
If you choose to post user submitted content on the Website, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Website reflects your respect for the legal rights of users connected with Songfinch. You understand that Songfinch does not guarantee any confidentiality with respect to any User Submitted Content.
Songfinch expressly disclaims any and all liability in connection with user submitted content. Songfinch reserves the right to remove Content in its sole discretion and without prior notice. Songfinch also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
You expressly represent and warrant that you have all rights, interest, title and/or permission to all user submitted content and that providing the same you are not violating any third-party right, including without limitation, copyright in and to the same.
The following rules of conduct apply to your use of the Website and to any and all materials you post on the Website, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- infringes or violates any patent, copyright, trademark, trade secret or other property right;
- breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- promotes software or services that deliver unsolicited e-mail; or
- contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with Songfinch’s express advance authorization or in a specially designated area, use the Website to:
- harm minors in any way;
- solicit personal information from anyone under 18;
- provide false or deceptive information;
- delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or
Songfinch respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Songfinch and the Website, you may not post, modify, distribute, or reproduce in any way any user submitted content that is copyrighted material belonging to others, without obtaining their prior written consent. Songfinch reserves the right, in its discretion, to remove any user submitted content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- 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. Providing URLs in the content of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Songfinch reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Songfinch shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
IN NO EVENT SHALL SONGFINCH, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF SONGFINCH, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SONGFINCH SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Songfinch from its facilities in the United States of America. Songfinch makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The Website is © 2021 Encore App, LLC. All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Songfinch.
All of the Songfinch trademarks are owned by Encore App, LLC and may not be used for any purpose without the prior written permission of Songfinch.