SongVault.fm Terms of Service


1. INTRODUCTION

SONGVAULT, LLC is the owner of the following domain names: SongVault.fm, SongVault.net, and SongVault.org.

The term "SONGVAULT" as used herein, refers collectively to SONGVAULT,LLC, SongVault.fm, SongVault.net, SongVault.org, and any other later-acquired domain name which contains the name SongVault.

The term "WEBSITE" as used herein, refers collectively to SongVault.fm, SongVault.net, and SongVault.org.

The term "YOU" and "YOUR" as used herein, refers collectively to "Visitors" and "Authorized Users"

Each and every person who visit’s or uses the WEBSITE, SongVault.fm, is considered a "Visitor." Any "Visitor" who sets up a "User Account" on SongVault.fm, is referred to as an "Authorized User". Only "Authorized Users" are able to use the various services offered by SONGVAULT.

2. ACCEPTANCE OF TERMS

Each and every "Visitor" and "Authorized User" acknowledges that he/she has read, understood, and is in agreement with the "On-Line Privacy Policy," which is published at http://www.songvault.fm/privacy, and which is incorporated herein by reference. If an "Authorized User" is not in agreement with the "On-Line Privacy Policy," then the "Authorized User" should not use the WEBSITE.

These "Terms of Service" shall apply to each and every "Visitor" and "Authorized User" of the WEBSITE, including those who also provide contributions of: music content, information, and other materials or services on the WEBSITE.

SONGVAULT may contain links to third-party websites which are not owned or controlled by SONGVAULT, and, therefore, has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, SONGVAULT will not, and cannot, censor or edit the content of any third-party site. By using the WEBSITE, each and every "Visitor" and "Authorized User" expressly waives, and/or releases SONGVAULT from any and all responsibility, and/or liability, arising from YOUR use of any third-party website. Accordingly, SONGVAULT encourages, and specifically requests, that each and every "Visitor" and "Authorized User" read and familiarize yourself with the "Terms of Service" and "On-Line Privacy Policy" of all other websites which you may encounter.

3. WEBSITE ACCESS

(a) SONGVAULT hereby grants each of YOU permission to use the WEBSITE as set forth herein, provided that: (i) YOUR use of the WEBSITE as permitted is solely for YOUR personal, noncommercial use; (ii) YOU will not copy or distribute any part of the website in any medium without SONGVAULT prior written authorization; (iii) YOU will not alter or modify any part of the WEBSITE other than as may be reasonably necessary to use the WEBSITE for its intended purpose; and (iv) YOU will otherwise comply with these "Terms of Service."

(b) In order to access some features of the WEBSITE, YOU will have to create an account. YOU may never use another's account without permission. When creating YOUR account, you must provide accurate and complete information. YOU are solely responsible for the activity that occurs on YOUR account, and YOU must keep your account password secure. YOU must notify SONGVAULT immediately of any breach of security or unauthorized use of YOUR account. Although SONGVAULT will not be liable for your losses caused by any unauthorized use of YOUR account, you may be liable for the losses of SONGVAULT or others due to such unauthorized use.

(c) YOU agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the WEBSITE in a manner that sends more request messages to the WEBSITE 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, SONGVAULT grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SONGVAULT reserves the right to revoke these exceptions either generally or in specific cases. YOU agree not to collect or harvest any personally identifiable information, including account names, from the WEBSITE, nor to use the communication systems provided by the WEBSITE for any commercial solicitation purposes. YOU further agree not to solicit, for commercial purposes, any users of the WEBSITE with respect to their User Submissions.

4. INTELLECTUAL PROPERTY RIGHTS

The content on the WEBSITE, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SONGVAULT, 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 other purposes, whatsoever, without the prior written consent of the respective owners. SONGVAULT reserves all rights not expressly granted in and to the Website and the "Content." YOU agree to not engage in the use, copying, or distribution of any of the "Content" other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the WEBSITE for any commercial purposes. If YOU download or print a copy of the Content for personal use, YOU must retain all copyright and other proprietary notices contained therein. YOU further agree not to circumvent, disable or otherwise interfere with security related features of the WEBSITE or features that prevent or restrict use or copying of any "Content" or enforce limitations on use of the WEBSITE or the Content therein.

5. USER SUBMISSIONS

(a) SONGVAULT may now or in the future permit the submission of music, graphics, or other communications submitted by YOU and other users ("User Submissions") and the hosting, sharing, and/or publishing of such "User Submissions." YOU understand that whether or not such "User Submissions" are published, SONGVAULT does not guarantee any confidentiality with respect to any submissions.

(b) YOU shall be solely responsible for YOUR own "User Submissions" and the consequences of uploading, posting or publishing them. In connection with "User Submissions," YOU affirm, represent, and/or warrant that: (i) YOU own or have the necessary licenses, rights, consents, and permissions to use and authorize SONGVAULT to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all "User Submissions" to enable inclusion and use of the "User Submissions" in the manner contemplated by the WEBSITE and these "Terms of Service;" and (ii) YOU have the written consent, release, and/or permission of each and every identifiable individual person in the "User Submission" to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the "User Submissions" in the manner contemplated by the WEBSITE and these "Terms of Service." For clarity, YOU retain all of YOUR ownership rights in your "User Submissions." However, by submitting the "User Submissions" to the WEBSITE, YOU hereby grant SONGVAULT a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the "User Submissions" in connection with the WEBSITE and SONGVAULT’s (and its successor's) business, including, without limitation, for promoting and redistributing part or all of the WEBSITE (and derivative works thereof) in any media formats and through any media channels. YOU also hereby grant each user of the WEBSITE a non-exclusive license to access YOUR "User Submissions" through the WEBSITE, and to use, reproduce, distribute, prepare derivative works of, display and perform such "User Submissions" as permitted through the functionality of the WEBSITE and under these "Terms of Service." The foregoing license granted by YOU terminates once YOU remove or delete a "User Submission" from the WEBSITE.

(c) In connection with "User Submissions," YOU further agree that YOU will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights unless YOU are the owner of such rights or have permission from their rightful owner to post the material and to grant SONGVAULT all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SONGVAULT or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Such submissions may be deleted and if not deleted, will not be considered eligible for any promotions or awards that might be running on the site. SONGVAULT does not endorse any "User Submission" or any opinion, recommendation, or advice expressed therein, and SONGVAULT expressly disclaims any and all liability in connection with "User Submissions." SONGVAULT does not permit copyright infringing activities and infringement of intellectual property rights on its WEBSITE, and SONGVAULT will remove all "Content" and "User Submissions" if properly notified that such"Content" or "User Submission" infringes on another's intellectual property rights. SONGVAULT reserves the right to remove "Content" and "User Submissions" without prior notice. SONGVAULT will also terminate a User's access to its WEBSITE, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a "User Submission" removed from the WEBSITE more than twice. SONGVAULT also reserves the right to decide whether "Content" or a "User Submission" is appropriate and complies with these "Terms of Service" for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SONGVAULT may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these "Terms of Service" at any time, without prior notice and at its sole discretion.

(d) In particular, if YOU are a copyright owner or an agent thereof and believe that any "User Submission" or other content infringes upon YOUR copyrights, YOU may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) Identification of the material that isclaimed 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;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that YOU have 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; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SONGVAULT’s designated e-mail address to receive Copyright Infringement notifications of claimed infringement is: copyright@songvault.fm. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to SongVault customer service through http://www.songvault.fm/contact. YOU acknowledge that if YOU fail to comply with all of the requirements of this Section 5(D), YOUR DMCA notice may not be valid.

(e) YOU understand that when using the WEBSITE, YOU will be exposed to "User Submissions" from a variety of sources, and that SONGVAULT is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such "User Submissions." YOU further acknowledge, understand, and agree that YOU may be exposed to "User Submissions" that are inaccurate, offensive, indecent, or objectionable, and YOU agree to waive, and hereby do waive, any legal or equitable rights or remedies YOU have or may have against SONGVAULT with respect thereto, and agree to indemnify and hold SONGVAULT, its Owners/Operators, affiliates, licensors, heirs, or assignees, harmless to the fullest extent allowed by law regarding all matters related to YOUR use of the site.

(f) SONGVAULT permits YOU to link to materials on the WEBSITE for personal, non-commercial purposes only, provided that YOU include a prominent link back to the WEBSITE. SONGVAULT reserves the right to discontinue any aspect of the WEBSITE at any time.

6. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SONGVAULT, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SONGVAULT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE, AND ASSUMES NO RESPONSIBILITY, AND/OR LIABILITY, FOR 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 AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE 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 THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SONGVAULT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SONGVAULT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL SONGVAULT, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, 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 THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO, OR USE OF SONGVAULT’S SECURE SERVERS, AND/OR, ANY AND ALL PERSONAL INFORMATION, AND/OR FINANCIAL INFORMATION STORED THEREI; (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, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT 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 SONGVAULT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE 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 SONGVAULT from its facilities in the United States of America. SONGVAULT 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.

8. INDEMNITY

YOU agree to defend, indemnify, and hold harmless, SONGVAULT, its parent corporation, officers, members, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) YOUR use of and access to the SongVault Website; (ii) YOUR violation of any term of these Terms of Service; (iii) YOUR violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your "User Submissions" caused damage to a third party. This defense and indemnification obligation will survive these "Terms of Service" and YOUR use of the WEBSITE.

9. ENTIRE AGREEMENT

These "Terms of Service," together with the "On-Line Privacy Policy" at http://www.songvault.fm/privacy, and any other legal notices published by SONGVAULT on the WEBSITE, shall constitute the entire agreement between YOU and SONGVAULT concerning the WEBSITE.

10. AGE LIMITATION [MINOR’S NOT ALLOWED]

YOU affirm that YOU are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these "Terms of Service," and to abide by and comply with these "Terms of Service." In any case, YOU affirm that YOU are over the age of 13, as the WEBSITE is not intended for children under 13. If YOU are under 13 years of age, then please do not use the WEBSITE –- there are many other great websites for YOU. Please discuss with YOUR parents what websites may be appropriate for YOU.

11. METHOD OF ACCEPTANCE

YOUR use of the WEBSITE following any amendment of these "Terms of Service" will signify YOUR assent to and acceptance of its revised terms.

12. ASSIGNMENT

These "Terms of Service," and any rights and licenses granted hereunder, may not be transferred or assigned by YOU, but may be assigned by SONGVAULT without restriction.

13. RIGHT TO AMEND

SONGVAULT reserves the right to amend these "Terms of Service" at any time, and without notice, and it is YOUR responsibility to review these "Terms of Service" for any changes.

14. TIME LIMITATION TO BRING CLAIM OR DISPUTE

YOU agree that any claim or dispute which arises out of, or is related to the WEBSITE, must commence within one (1) year after the claim or dispute arises, or such claim or dispute is permanently barred.

15. DISPUTE RESOLUTION BY BINDING ARBITRATION

YOU agree that: (i) the WEBSITE shall be deemed solely based in California; and (ii) the WEBSITE shall be deemed a passive website that does not give rise to personal jurisdiction over SONGVAULT, either specific or general, in jurisdictions other than California.

YOU further agree that in the event these "Terms of Service", and/or it's interpretation thereof, is subject to dispute and/or legal enforceability, it is hereby understood and agreed that any such dispute shall be resolved by Binding Arbitration in which the hearing shall be held in the county of San Diego, State of California. The Binding Arbitration shall be heard by one neutral arbitrator which shall be mutually selected by YOU and SONGVAULT. In the event that YOU and SONGVAULT are unable to agree on a neutral arbitrator, the decision shall be left for a court of competent jurisdiction subject to an appropriate motion brought by either YOU and/or SONGVAULT.

16. GOVERNING LAW

The Binding Arbitration, and the hearing thereof, shall proceed pursuant to Section 1282, et seq. of the California Code of Civil Procedure. The arbitrator shall be required to apply California procedural and substantive law.

YOU AND SONGVAULT AGREE THAT ANY CLAIM OR DISPUTE WHICH ARISES OUT OF, OR IS RELATED TO THE WEBSITE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

17. RECOVERY OF ATTORNEY’S FEES AND COSTS

In the event that any claim or dispute is pursued, whether by Arbitration, or in any court, or otherwise, it is agreed that the prevailing party is entitled to recover reasonable attorney’s fees and costs.
Browse by:   A B C D E F G H I J K L M N O P Q R S T U V W X Y Z  

Search for a song or artist:

SongVault Account Artists, upload up to 18 Songs on your profile!

PROMOTE  -  ABOUT  -  FAQ  -  CONTACT  -  TERMS OF SERVICE  -  PRIVACY NOTICE

©COPYRIGHT 2017 SongVault, LLC