Terms and Conditions
THESE TERMS AND CONDITIONS (“AGREEMENT”) GOVERN YOUR USE OF: (i) ANY SERVICES CURRENTLY PROVIDED OR WHICH WILL LATER BE PROVIDED BY MYSONGBIRD, LLC. OR ANY ONE OF ITS AFFILIATED COMPANIES (COLLECTIVELY, “MYSONGBIRD”) ACCESSIBLE THROUGH MYSONGBIRD’S OR THIRD PARTIES’ WEBSITES OR APPLICATIONS, OR THROUGH YOUR SET-TOP BOX OR OTHER RECEIVER DEVICE VIA YOUR TELEVISION/INTERNET SERVICES PROVIDER; AND/OR (II) MYSONGBIRD’S WEBSITES (COLLECTIVELY, “SERVICES”).
PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.
IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, AND ANY FUTURE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS
NONCOMPLIANCE WITH ANY OF THESE TERMS AND CONDITIONS MAY LEAD TO SUSPENSION AND/OR TERMINATION OF YOUR RIGHT TO ACCESS AND TO ENJOY THE SERVICES.
1. The Services and Content
The Services, among other things, may allow you to access musical content, such as extracts of sound recordings, channels of continuous uninterrupted music, playlists of songs, playlists of music videos, songs, music videos, Merch videos, concerts, audio clips, videos, album covers and/or artwork (collectively, the “Content”), under the terms and conditions set forth herein.
Except as otherwise provided for a specific Service, the Services are only available for individuals aged 13 years or older. If you have not reached the age of majority in the jurisdiction where you reside, please review this Agreement with your parent or guardian. By creating an account for a Service or by using a Service, you represent and warrant that you are aged 13 years or older, and that you agree to be bound by the terms and conditions of this Agreement. Any use of a Service by an individual under 13 years old is unauthorized and unlicensed.
3. Account Data
To the extent required by the applicable Service, you agree to provide complete and accurate information about you as may be required to sign up for the Service and at other points as may be required in the course of using the Services (“Account Data”). You further agree to maintain and update such Account Data to keep it accurate, current and complete by accessing your account on the applicable website. You are entirely responsible for all activities that take place using your account, and you agree to immediately notify MySongbird of any unauthorized use of your account or any other breach of security. MySongbird shall not be liable to you for any unauthorized use of your account
You acknowledge that the use of the Services or of some of the Services’ features may require the use of other hardware and software products and that such hardware and software is your responsibility. MySongbird makes no guarantee, representation or warranty that any particular device or other hardware will be compatible with the Services and any other technology used by MySongbird to distribute the Services. It is your sole responsibility to ensure that your system(s) and/or devices will function correctly with the Services’ technology. It is also your responsibility to pay any Internet access and/or bandwidth fees necessary to use the Services, subject to the agreement in force between you and your television services provider (if applicable).
You understand that the Services and the Content include a security framework using technology that protects digital information and limits your usage of the Services and Content to certain rules as set out in Section 8 below and in your contract with your television/internet service provider. You agree to comply with such rules and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components for any reason whatsoever.
6. Additional provisions applicable to the MySongbird Merch Store
The MySongbird Merch Store offered on the MySongbird Merch website (http://mySongbird.com) (the “Merch Store”) allows you to purchase Merch (“Products”), under the terms and conditions set forth in this Agreement and the following additional provisions:
a) You agree not to use, sell, rent, share, transfer, license or otherwise provide anybody with the Products, except as provided herein;
b) You acknowledge that you cannot use a Product simultaneously in more than one location;
c) Once you have purchased a Product and you have received the Product, it is your responsibility not to lose, destroy or damage the Product, and MySongbird shall have no liability to you in the event of any loss, destruction or damage;
d) You agree that MySongbird and/or its third party provider may store and use the Account Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card. You are responsible for maintaining the confidentiality and security of your account password and identification, and for restricting access to your computer;
e) You acknowledge and agree that you obtain absolutely no intellectual property rights in the Product that you receive/download, including, without limitation, no synchronization rights whatsoever. For example, you cannot upload a Product on social networks nor use a Product for any promotional or commercial use whatsoever;
f) You agree to pay for all Products you purchase through the Merch Store, and that MySongbird may charge your credit card for any Products purchased, and for any additional amounts (including any applicable taxes) as may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing MySongbird and/or its third party provider with valid credit card details for payment of all fees. All fees will be billed to the credit card you designate during the payment process. If MySongbird does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MySongbird. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. All payments must be made with a credit card accepted by MySongbird (as determined by MySongbird in its sole discretion), or through Paypal. MySongbird will not accept cash, checks or any other payment form. AS BETWEEN YOU AND MYSONGBIRD, YOU ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO YOUR CREDIT CARD OR CREDIT CARD NUMBER, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. You are responsible for paying any governmental taxes imposed on your use of the Merch Store, including, but not limited to, sales, use or value-added taxes. Unless you notify MySongbird of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release MySongbird from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to MySongbird within sixty (60) days of its first appearance on an invoice or credit card statement. In the event MySongbird suspends or terminates your rights of access to the Merch Store pursuant to Section 16, you will remain liable for all amounts due;
g) On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to a Product that is not delivered within a reasonable period shall be either replacement of such Product or refund of the price paid for such Product, as determined by MySongbird; and
7. Limited License
Provided that you are eligible for use of the Services, MySongbird grants you a limited, non-exclusive, non-transferable, revocable license to access and make use of the Services and of the Content in accordance with the terms and conditions of this Agreement and of your agreement with your television/internet service provider. You acknowledge and agree that the Content (including without limitation the Products) is licensed, not sold, to you, and you acknowledge that the streaming or download of Content shall not constitute a grant or waiver of any rights of the copyright owners in such Content and the underlying musical compositions embodied therein. Any use of the Services or of the Content other than as specifically authorized herein is strictly prohibited and may lead to your rights to access the Services and/or the Content, and/or your account, being suspended or terminated by MySongbird or your television/internet service provider. All rights not expressly granted by the Agreement are reserved.
8. Rules of Conduct
You acknowledge and agree to use the Services, including the Content, in compliance with the following:
a) You agree to use the Services and the Content for personal, private, non-commercial use only (except with regards to users of the MySongbird Business and MySongbird Licensing websites);
b) You agree not to create an account on behalf of someone else or of any group or entity or not to use the account information of someone else;
c) You agree not to use the Services and the Content in any manner that could damage, disable, overburden or impair the Services or the Content;
d) You agree not to make any copy or other reproduction of the Content, including but not limited to the sound recordings, and not to use or assist another person to use any data mining, robots, scraping or similar data gathering or extraction methods;
e) You agree not to violate or attempt to violate any security component protecting the Services and the Content, including but not limited to, not to attempt to, or assist another person to, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components for any reason whatsoever;
f) You agree not to modify, copy or reproduce any and all portions of the Services and/or the Content, including the video recordings, in any form or by any means, and not to use, sell, rent, lease, loan, distribute, exploit, transfer, license or otherwise provide anybody with the Services and/or the Content, and not to create derivative works based on the Services, except as expressly provided herein;
g) In the event that MySongbird changes any part of the Services or discontinues a Service, which MySongbird may do at its own discretion, you acknowledge that you may no longer be able to use such Service or to use it to the same extent as prior to such change or discontinuation, and that MySongbird shall have no liability to you in such case;
h) You agree to comply with all applicable federal, state/provincial and local laws, and regulations when using the Services and the Content; and
i) You agree to comply with all applicable terms and conditions of any agreement with your television/internet service provider.
MySongbird reserves the right to modify the above rules at any time without notice. Rules may be controlled and monitored by MySongbird for compliance purposes.
9. Content Availability and pricing
You acknowledge and agree that the Services and Content that are available to you are the Services and Content available in the country in which you are located.
MySongbird reserves the right to change any Service and/or any Content (including without limitation the pricing and the availability of any Service and/or Content), at any time without notice.
You acknowledge and agree that the extracts of the sound recordings available for streaming via the Services are only to serve as an example, and that MySongbird does not represent or guarantee that such sound recordings are and/or will be included in the Services.
10. Objectionable Material
You understand that by using the Services, you may come across content that may be considered offensive, vulgar, indecent, or otherwise objectionable, which content may or may not be identified as having explicit language. Your use of the Services is at your sole risk and MySongbird shall not be liable to you for content that may be found to be offensive, vulgar, indecent, or otherwise objectionable.
11. Intellectual Property
You acknowledge that the Services and all content available on or through such Services, including, but not limited to, the Content, designs, text, graphics, logos, button icons, images, pictures, music, audio clips, information, editorial content, data compilations, files selection and arrangement, programming, postings, links, software, trademarks and trade names are the property of MySongbird, its partners and/or its licensors, and are protected by applicable copyright laws and other intellectual property laws. You agree not to use such proprietary information or materials in any way except for use of the Services in accordance with the terms of this Agreement. You do not obtain any rights under this Agreement in any intellectual property.
12. Third Party Service Providers
MySongbird may provide links from the Services to certain third-party websites, and some Services may be accessible through websites operated by third parties, or through your set-top box or other receiver device via your television services provider. You acknowledge and agree that MySongbird is not responsible for any services and/or content provided by such Service Providers. Links to and material from any third-party websites or services do not imply approval or endorsement thereof by MySongbird. MySongbird does not assume and will not have any liability or responsibility for any third-party material or websites, or for any other material, products, or services of third parties.
You also agree and acknowledge that your use of the Services may be subject to other terms and conditions from third parties including providers of third-party websites and/or your television/internet service provider. To the extent that there is any conflict between such agreements and these terms and conditions, then the terms and conditions of your television/internet service provider shall prevail.
13. Copyright Claims
MySongbird obeys all relevant copyright laws, and will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws and may terminate, in appropriate circumstances, the access or account of users of the Services who are repeat infringers. To make a claim, please provide us with the following:
1) A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
2) A description of the copyrighted work claimed to have been infringed;
3) A description of the infringing material and information reasonably sufficient to permit us to locate the material;
4) Your contact information, including your address, telephone number, and email;
5) A statement by you 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
6) A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Copyright Claims can be sent to copyright@mySongbird.com
14. Modification or discontinuation of the Services
MySongbird and/or its licensors shall have the right, at their sole discretion, to modify, suspend, remove, disable access to, or discontinue the Services (or any part, feature or Content) at any time and for whatever reason, without notice. MySongbird shall not be liable to you or to any third party for exercising such rights.
If you are a user who receives a Service via your television services provider, you acknowledge and agree that: (i) the termination by your television services provider of your account; and/or (ii) the withdrawal of the Service by your television services provider, at any time and for whatever reason, will automatically terminate this Agreement and your access to the Service concerned, without any liability whatsoever on the part of MySongbird.
The term of this Agreement shall begin when you validly access the Services and shall end when terminated in accordance with the provisions of this Agreement (“Term”). Provisions 8, 11, 12, 13, 15 (last sentence), 16, 17, 19, 20, 21 and 22 of this Agreement shall survive the termination of this Agreement, so as any other provision, if any, which by their meaning are intended to survive such termination.
16. Termination by MySongbird and Other Remedies
If you fail to comply with any of the provisions of this Agreement and/or of your agreement with your television/internet service provider, MySongbird, at its sole discretion and without prior notice to you, may suspend or terminate your rights of access to the Services.
17. Consent to Use Your Information
You also agree that MySongbird has the right, without liability to you, to disclose any Account Data to law enforcement authorities, government officials, and/or a third party, as MySongbird believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
You further agree that if your account is deactivated or if this Agreement is terminated, MySongbird may retain some information provided by you to comply with the law and/or its contractual obligations with third parties, and/or to prevent subsequent signing up to a Service.
19. Your Representations and Warranties
You represent and warrant that: (i) if provided pursuant to Section 3, your Account Data is complete and accurate; (ii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed in any U.S. Government list of prohibited or restricted parties; and (iii) you will comply with any applicable third party terms and conditions when using the Services.
You expressly acknowledge and agree that your use of the Services is at your sole risk and that MySongbird makes no guarantee, representation or warranty that the operation of the Services or your use of the Services, including all and any of its features, will be uninterrupted or error-free. You also agree that the Services may be temporarily unavailable from time to time for maintenance, technical problems or other reasons. MySongbird may remove the Services or of some of the Services’ features or Content for indefinite periods of time, or may disable access to the Services at any time, without notice and without liability.
The Services, and all information, Content and materials made available to you through the Services, are provided by MySongbird “as is” and “as available”. MySongbird disclaims, to the fullest extent permitted by applicable law, any and any and all implied warranties, terms, conditions and representations with respect to the Services, and the information, Content and materials available through the Services, including, but not limited to, the quality of the sound recordings, and all expressed or implied warranties of merchantability, non-infringement and fitness for a particular purpose are hereby specifically disclaimed and excluded. For the avoidance of doubt, nothing in this Agreement is intended to exclude or to limit liability for death or personal injury arising from negligence or for any other form of liability which may not be excluded or limited under applicable laws.
MySongbird shall not be liable to you or to any third party for any loss or damages to your devices or hardware. MySongbird makes no guarantee, representation or warranty that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and MySongbird disclaims any liability relating thereto. You are solely responsible for backing up your own system.
You agree to indemnify and hold MySongbird, and its respective directors, officers, employees, agents, representatives, contractors, and licensors harmless from and against any claim, loss, liability, damages, costs and expenses arising out of or in connection with (a) your breach of this Agreement; (b) any violation by you of any law or rights of a third party; or (c) any action taken by MySongbird 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.
22. LIMITATION ON LIABILITY
MYSONGBIRD, AND THE THIRD PARTY PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND LICENSORS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF USE OR LOSS OF DATA, ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS MADE AVAILABLE TO YOU THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION. MYSONGBIRD’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICABLE SERVICE (I.E. FOR YOUR CURRENT SELECTED SUBSCRIPTION PERIOD, WHEN APPLICABLE). SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATION ON LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR TO LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR FOR ANY OTHER FORM OF LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.
23. Governing Law
This Agreement and your use of the MySongbird websites are subject to the laws of the country in which you have a contract with your television/internet service provider and any disputes relating to this Agreement will be subject to the non-exclusive jurisdiction of the courts of such country.
24. Entire Agreement
If any provision of this Agreement is held by any court of competent jurisdiction to be illegal or unenforceable under applicable law, such provision shall be excluded from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
The failure by MySongbird to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of its right to subsequently exercise or enforce such right or provision or any other provision of this Agreement.
27. Changes to this Agreement
MySongbird may change, revise, update or otherwise modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. You acknowledge and agree that MySongbird may impose new or additional rules, policies, terms or conditions on your use of the Services at any time. You hereby agree that a change notice sent to you by email or the posting on the website of the Service concerned of a change notice or of a modified agreement is considered sufficient notice. All such changes shall take effect immediately. Your continued use of the Services after such changes shall be deemed to constitute your acceptance of any and all such changes. If you do not agree to abide by these new terms, do not continue to use the Services. It is your responsibility to regularly check the website of the Services to determine if there have been changes to these terms and to review such changes.
28. Customer Support
Any questions, comments, suggestions, ideas, feedback, complaints or other information you may have about the Services should be made through the contact us section of the MySongbird website located at www.mySongbird.com.
29. Electronic Communications
TO THE EXTENT YOU PROVIDE ANY EMAIL ADDRESS TO MYSONGBIRD, YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU CONSENT TO RECEIVE COMMUNICATIONS FROM MYSONGBIRD ELECTRONICALLY. AS A USER OF THE SERVICES, MYSONGBIRD MAY FROM TIME TO TIME SEND YOU EMAILS UPDATES ABOUT THE SERVICES OR THE CHANGES TO THIS AGREEMENT. YOU AGREE THAT ALL THESE EMAILS UPDATES AND OTHER COMMUNICATIONS THAT MYSONGBIRD PROVIDES TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
Date of Last Revision: July 28, 2020