2015 User Licensing Agreement
MEMORANDUM OF AGREEMENT BETWEEN SONGREEDOM AND EACH SONGFREEDOM USER (ALSO KNOWN AS SUB LICENSEE AND/OR AS YOU HEREINAFTER) UTILIZING THE SONGFREEDOM WEBSITE INTERFACE LICENSING PLATFORM, AS FOLLOWS:
TERMS OF SERVICE (Updated as of 11/15/16)
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SONGFREEDOM INC. (HEREINAFTER "SONGFREEDOM") STATING THE TERMS THAT GOVERN YOUR USE OF THE SONGFREEDOM SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES AND ALL OF SONGFREEDOM'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND SONGFREEDOM. TO AGREE TO THESE TERMS, SIGN UNDER "AGREE" BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SIGN UNDER "AGREE," AND DO NOT USE THE SERVICE. USER BECOMES BOUND BY THESE TERMS AND CONDITIONS UPON USE OF THIS SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND SONGFREEDOM MAY REFUSE ACCESS TO THE SONGFREEDOM SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Definition of the Songfreedom Service (hereinafter the Service). Songfreedom permits you to use digital content, such as sound recordings pursuant to certain terms and conditions as set forth in this Agreement.
2. Use of Service. You acknowledge that Songfreedom limits your usage of the Service to the following applicable Usage Rules, and you agree to use the Service in compliance with the applicable Usage Rules.
a. Usage Rules
(i) Your use of the Service is conditioned upon your prior acceptance of the terms of this Agreement.
(ii) You shall be authorized to use the Service for photographic and video productions within the terms of the agreement. The usage terms for the Standard License do not include productions in the context of promotional videos, corporate videos (non-profit or otherwise), or independent films that are strictly conceptual in nature. Other usages not specifically noted in section 2(iv) are also out of context and therefore shall not be licensed for use. These types of usages may fall under the Commercial License, outlined below.
(iii) You shall be authorized to produce up to 5 DVD or Blu-Ray copies for each song used when using a single song for a project or a total of 5 DVD or Blu-Ray copies when using multiple (more than one (1)) song in a given project. As a condition of this license, you hereby guarantee that each video copy produced and any licensed songs/recordings contained therein will be copyright protected whereby end users will be strictly prohibited from duplication and you further agree to indemnify and hold harmless Songfreedom from any copyright infringement that you commit, induce, and/or are responsible for. All productions must adhere to the in-context usage below in section 2(iv) and shall comply with all terms of this User Agreement.
(iv) Streaming (online usage): You shall be authorized to use the full length of the songs from Songfreedom library online in perpetuity. Videos and slide shows must be in the context of the following:
Video productions/slideshows in-context to (i) wedding/love story related footage (ii) right of passage events such as bar/bat mitzvahs, birthday parties, retirement parties (iii) school related events (iv) private non-promotional fashion sessions for individuals, (v) baby/child/pet/family portrait sessions, (vi) funeral events (vii) sporting events (non-professional nor semi-professional) (xvi) church related productions, not political in nature (xvii) individual property real estate videos (xviii) non-corporate tutorials (ix) podcasts (not promotional, religious, sexual, or political in nature)
(v) You are not authorized to use Songfreedom music for broadcast on mediums
such as, but not limited to, television or radio broadcasts. You are not
authorized to use Songfreedom music for films/projects with inappropriate
content such as but not limited to pornography, drugs and alcohol, violence, or
any content deemed appropriate for mature audiences only. You are not
authorized to use Songfreedom music for political purposes.
(vi) You are not authorized to use the artist and song name as any part of the video title. The video title shall reflect that of the content of your video.
b. You agree that your use of the Service constitutes your acceptance of and agreement to use such Services solely in accordance with the Usage Rules, and that any other use of the Service may constitute a copyright infringement. Usage Rules shall govern your rights with respect to the Service. Songfreedom reserves the right to modify the Usage Rules at any time.
c. You acknowledge that some aspects of the Service, and administering of the Usage Rules entails the ongoing involvement of Songfreedom. Accordingly, in the event that Songfreedom changes any part of the Service or discontinues the Service, which Songfreedom may do at its election, you acknowledge that you may no longer be able to use the Service to the same extent as prior to such change or discontinuation, and that Songfreedom shall have no liability to you in such case.
d. Songfreedom reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
e. Commercial Licenses are available on some titles and are $199.99/song for Gold Tier songs and $99.99 for Silver Tier songs and cover the following:
When promoting a product, service, or organization under the following guidelines: Online Corporate videos (keep videos online in perpetuity). Make up to 10 hard copies. Internal Corporate videos (show in perpetuity) Make up to 10 hard copies.
When creating an independently produced and funded film use the following guidelines:
For placement in multiple film festivals and creation of up to 10 hard copies (may be used in festivals in perpetuity) For online use for display purposes only (not monetized) and creation of up to 10 hard copies (keep videos online in perpetuity
3. Territory. Titles are licensed for world usage.
4. Agreement to Pay.
a. Payment for Service. You agree to pay for use of Songfreedom services. Songfreedom may charge your credit card, checking account or e-Commerce platform account such as but not limited to Pay Pal or Google Pay for any Service purchased, and for any additional amounts as may be accrued by or in connection with your Account. You shall be billed for each song licensed in the amount of $59.99 or less for a single Standard License and for $199.99 or less for a Commercial License and you the licensee agree to pay said amount for each instance. You may also purchase a 4-use license for Standard licenses for $119.99 or less, which allows for the use of a single song in up to four (4) different projects. All license purchases are final as there is no way to return a digital product such as the MP3, license certificate, or credit slide. There shall be no refunds or exchanges for other songs.
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
5. Delivery of Products.
a. Technical Problems. On occasion, technical problems may delay or prevent delivery of your Service. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either extension of use of Service, or refund of the price paid for such Service, as determined by Songfreedom.
6. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Songfreedom and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder.
b. Removal of Songfreedom Content or Other Materials. Notwithstanding any other provision of this Agreement, Songfreedom and/or its licensors reserve the right to change, suspend, remove, or disable access to any Service, content, or other materials comprising a part of the Service at any time without notice. In no event will Songfreedom be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Songfreedom may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service, including but not limited to, the Songfreedom library (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Songfreedom and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
a. Termination by Songfreedom. If you fail, or Songfreedom suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Songfreedom with a valid credit card, checking account information or with accurate and complete Registration Data, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, Songfreedom, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the music; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service. Songfreedom reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Songfreedom will not be liable to you or to any third party should it exercise such rights.
8. General Compliance with Laws. The Service is controlled and operated by Songfreedom from its office in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
9. Enforcement of These Terms. Songfreedom reserves the right to takes steps Songfreedom believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Songfreedom's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
10. Disclaimer of Warranties; Liability Limitations.
a. SONGFREEDOM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SONGFREEDOM MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY SONGFREEDOM) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL SONGFREEDOM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. 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, SONGFREEDOM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. SONGFREEDOM SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SONGFREEDOM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. SONGFREEDOM DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SONGFREEDOM DISCLAIMS ANY LIABILITY RELATING THERETO.
11. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD SONGFREEDOM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY SONGFREEDOM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SONGFREEDOM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SONGFREEDOM'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
12. Changes. Songfreedom reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Services Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
13. Governing Law. The laws of the State of Illinois, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Songfreedom or relating in any way to your use of the Service resides in the courts of the State of Illinois.
14. Attorneys Fees. If Songfreedom is required to employ an attorney to enforce or interpret this Agreement, or due to any breach by you of this Agreement, Songfreedom shall be entitled to recover reasonable attorneys fees and costs incurred in connection with the prosecution or defense or arbitration of any action, including any appeal of the action, in addition to all other relief, so long as Songfreedom is the prevailing party. The prevailing party within the meaning of this section shall include, without limitation, a party who successfully brings an action against the other party for sums allegedly due or performance of covenants allegedly breached, or that party who obtains substantially the relief sought in the action.
LICENSED APPLICATION END USER LICENSE AGREEMENT
The Products made available through the Service are licensed, not sold, to you. Your license to each Product that you obtain through the Service is subject to your prior acceptance of this Licensed Application End User License Agreement, and you agree that the terms of this Licensed Application End User License Agreement will apply to each Song. Your license to any Songfreedom song under this Licensed Application End User License Agreement is granted by Songfreedom. Any Service that is subject to the license granted under this Licensed Application End User License Agreement is referred to herein as the Licensed Application. Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this Licensed Application End User License Agreement.
a. Scope of License: This license granted to you for the Licensed Application by Licensor is limited to a non-transferable license to use the Service as permitted by the Usage Rules set forth in the Terms and Conditions (the Usage Rules). This license does not allow you to use the Licensed Application on any Product that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time (except as expressly permitted by this license and the Usage Rules). You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application (except as expressly permitted by this license and the Usage Rules). You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor. If you breach this restriction, You may be subject to prosecution and damages.
b. Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Licensors materials and third party materials.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever (except as expressly permitted by this license and the Usage Rules).
e. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensors total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
f. The laws of the State of Illinois, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
By using the Site, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use the Site. We reserve the right to change this Policy without prior notice. You can determine when this Policy was last revised by referring to the "Last Updated" legend at the bottom of this page. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect.
The Site is controlled and operated by Songfreedom, Inc. from the United States; accordingly, this Policy, and our collection, use and disclosure of your Personally Identifiable Information, is governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than that of the United States. Company does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls in connection with your use of the Site and/or Site-related services, and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using the Site and submitting any Personally Identifiable Information, visitors from outside of the United States acknowledge that the Site is subject to United States law and consent to the transfer of Personally Identifiable Information to the United States, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.
1. What Types of Information Does Company Collect From Me?
Company gathers two basic types of information through the Site: "Personally Identifiable Information" (or "PII") and "Non-Personally Identifiable Information" (or "Non-PII"). Personally Identifiable Information is information that identifies you as an individual; that is, your name, postal address, telephone number, e-mail address, credit card number or other payment account number. Non-Personally Identifiable Information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.
a. Personally Identifiable Information. You do not have to provide PII to use the Site. However, in order for you to take advantage of particular opportunities provided through the Site, we may require that you furnish PII. We collect PII from you through the Site only when you voluntarily provide it to us.
b. Non-Personally Identifiable Information. When you visit and interact with the Site, Company and third parties with whom Company has contracted to provide services to Company may collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is generally collected through the Site from five different sources: server log files, environmental variables, cookies, pixel tags and other similar technologies and information that you voluntarily provide.
ii. Pixel Tags. We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some Site pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors' hard drives. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened.
iii. Server Log Files. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many web sites.
iv. Environmental Variables. We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and can be used to optimize your experience on the Site.
v. Information That You Voluntarily Provide. Company also collects Non-PII (e.g., your interests, your geographic location, etc.) when you voluntarily provide such information to us. When such information is not combined with any PII, such information is considered to be Non-PII, as it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who like a particular artist. Such aggregate information is considered Non-PII for purposes of this Policy.
2. How Does Company Use Information Collected From Me?
a. Personally Identifiable Information. We may use PII about you in the following ways:
i. Fulfillment of Requests. Company may use PII about you to fulfill the purpose for which such PII was provided (e.g., to send newsletters to you or fulfill your purchase).
ii. Administrative Communications. From time to time, in our sole discretion, we may use PII about you to send to you important information regarding the Site, or changes to our terms, conditions, and policies. Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.
iii. Other Communications. If you affirmatively opt-in to receive marketing messages from Company and the Affiliated Entities, Company and the Affiliated Entities may use PII about you to inform you of any information, products, programs, services and promotions that we believe may be of interest to you. If you would prefer not to receive marketing-related e-mail messages, please refer to Section 3.d ("Opt-Out") below.
iv. Third Party Communications. If you affirmatively opt-in to Company sharing PII about you with third parties for their marketing purposes, we may share PII about you with third parties to allow them to contact you regarding products, programs, services and promotions that they believe may be of interest to you. If you would like to later opt-out of receiving marketing-related e-mail messages from such third parties, please utilize any opt-out mechanisms set forth in such third parties' marketing-related e-mail messages and/or privacy policies.
Notwithstanding the foregoing, if purchasing functionality is offered on the Site and you seek to make a purchase through the Site, we may collect your credit card number or other payment account number (for example, your wireless account number), billing address and other information related to such purchase (collectively, "Payment Information") from you, and may use such Payment Information in order to fulfill your purchase. If applicable, we may also provide such Payment Information, or other PII provided by you, to third parties as necessary to complete your purchase (for example, to process your credit card or payment account number). To the extent that Payment Information includes Non-PII, use of such Non-PII is governed by Section 2.b below.
vi. Internal Business Purposes. We may also use PII about you for our internal business purposes, such as data analysis, audits and so forth.
vii. Third Party Service Providers. We work with third parties (and, in some cases, our Affiliated Entities), who provide services including but not limited to data analysis and collection, hosting, order fulfillment and other services of an administrative nature. We reserve the right to share PII about you with such third parties for the purpose of enabling these third parties to provide such services (for example, if you choose to buy products or services from us, we may share PII about you with our third party service providers so that such products and/or services can be delivered to you).
viii. Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process (c) to respond to governmental requests; (d) to enforce our Terms and Conditions in our User Agreement; (e) to protect our operations or the artists affiliated with our website; (f) to protect the rights, privacy, safety or property of Songfreedom, Inc., the artists, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
b. Non-Personally Identifiable Information. Because Non-PII does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non?PII, which does not personally identify you, with other third parties, for any purpose.
3. Other Important Notices Regarding Our Privacy Practices.
b. Third Party Advertisers. We may use third-party advertising companies to serve ads when you visit our Site. Please note that these companies may use information (not including your name, address, email address or telephone number) about your visit to this Site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this Site, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://www.doubleclick.net/us/corporate/privacy or http://networkadvertising.org/optout_nonppii.asp.
c. Security. We use reasonable organizational, technical and administrative measures to protect PII under our control. Security measures and tools, such as firewalls, are in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us. We also seek to strike a balance between the security of your data and your convenience. We do this because we believe that our customers attach value to both. As a result, we will often use a method of communication that is less secure than other, less convenient alternatives. For example, certain data you send us, including PII, may be sent to us in unencrypted form. You acknowledge and agree that any information you transmit through the Site is so transmitted at your own risk. If you are concerned that PII about you may be transmitted over the Internet in unencrypted form, please do not provide us with any PII. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 3.e ("Contacting Us,") below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
d. Opt-Out. When registering on our site, certain PII will be transferred by your during the registration process and shall load into Songfreedom?s database. Our site then allows site users to enter their Zip Code and allows the user to potentially pull up your company?s PII including, but not limited to, your name and contact information, in the event that you are within a certain mile radius of the Zip Code entered by the site user. This PII with your company?s contact information will be pulled from and load from Songfreedom?s database with the information coming from the PII that you entered during registration on the site. You can opt-out and prevent your information from being pulled from said database and disclosed to site users by checking the opt-out box on the website. In the event that you do not check the opt-out box on the site, then your PII will be automatically loaded into the Songfreedom database and your PII including, but not limited to, your contact information will be displayed to site users that utilize the Zip Code search function to pull company information for companys that use Songfreedom within a certain mile radius.
If you would prefer not to receive marketing-related e-mail messages from Company or any particular affiliated entity, you may opt-out of receiving such messages by following the "unsubscribe" instructions in the latest such message you have received from Company or such affiliated entity, respectively. Please note that following such "unsubscribe" instructions will opt you out of receiving marketing-related e-mail messages from the sender of the particular message from which you initiated the opt-out process, but will not opt you out of receiving such messages from other senders (including, as applicable, Company, Artist(s) or other Affiliated Entities).
Additionally, if you would like to opt-out of receiving marketing-related e-mail messages from third parties with whom we have shared PII about you hereunder, please utilize any opt-out mechanisms set forth in such third parties' marketing-related e-mail messages and/or privacy policies, if any.
e. Contacting Us. If you have any questions regarding this Policy, please contact us by e-mail at firstname.lastname@example.org, or please write to the following address:
Songfreedom, Inc. P.O. Box 78198 St. Louis, MO 63178 Attn: Privacy Coordinator
Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
1. Acceptance of our Terms
By visiting the website HYPERLINK "http://www.songfreedom.com" www.songfreedom.com or any of its affiliated websites (hereinafter 'SONGFREEDOM') and/or by viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to SONGFREEDOM, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of SONGFREEDOM. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and SONGFREEDOM and that your use of SONGFREEDOM shall indicate your conclusive acceptance of this agreement.
2. Provision of Services
You agree and acknowledge that SONGFREEDOM is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that SONGFREEDOM is entitled to provide services to you through subsidiaries or affiliated entities.
3. Proprietary Rights
You acknowledge and agree that SONGFREEDOM may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. SONGFREEDOM authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, images, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
4. Submitted Content
When you submit content to SONGFREEDOM you simultaneously grant SONGFREEDOM an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to SONGFREEDOM.
5. Disclaimer of Warranties
You understand and agree that your use of SONGFREEDOM is entirely at your own risk and that our services are provided "As Is" and "As Available". SONGFREEDOM does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the SONGFREEDOM website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
6. Limitation of Liability
You understand and agree that SONGFREEDOM and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not SONGFREEDOM has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of SONGFREEDOM is limited to the greatest extent permitted by law.
7. External Content
SONGFREEDOM may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that SONGFREEDOM is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the state of Illinois to resolve any legal matter arising from this agreement or related to your use of SONGFREEDOM. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
9. Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by Songfreedom without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
10. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and SONGFREEDOM. You may be subject to additional Terms and Conditions when you use, purchase or access other services, affiliate services or third-party content or material including but not limited to the Terms and Conditions included in Songfreedom?s User Agreement.
11. Changes to the Terms
SONGFREEDOM reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of SONGFREEDOM after any changes to Terms will signify your agreement to be bound by them.
Songfreedom and the Songfreedom logo are trademarks of Songfreedom, Inc., registered in the United States