ABOUT US
LEGAL
Click here for the Terms & Conditions
Click here for the Disclaimer
FOR YOUR USE OF THE SERVICES YOU AGREE TO BE BOUND BY THE FOLLOWING ‘TERMS OF USE, AND SONGSERVICE.COM HEREBY GRANTS YOU A NON-EXCLUSIVE LICENCE TO USE THE SERVICES, SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS :
1. Interpretation
1.1 The following words and phrases used in this Agreement shall have the meaning accorded to them as follows:
"Content": any and all information, data, databases, audio, video, musical compositions, multimedia presentations, images, artwork, data, text, software, sound, photographs, logos, trademarks and/or service marks (registered or unregistered), graphics, messages or other information, products, services, software, and/or components thereof, provided directly or indirectly by or Songservice.com as part of or in conjunction with the Services, whether or not a separate charge is paid;
"Feedback": Any and all communications from you to Songservice.com, relating to the Services including any and all comments, information, "feedback" and ideas (but excluding technical support);
"MIP Services": All services provided to the Music Industry Professional (MIP) Members of Songservice.com, based on an annual subscription. These services include, but are not limited to, (1) access to the online song catalog, (2) access to the Members Only pages in the Songservice.com web domain, (3) access to the MIP Forums, (4) (discounted) access to partner services, should any be available.
"Party/Parties": you and/or Songservice.com;
"Songwriter Services": All Services provided to Songwriters, including (free) review of songs, Collaboration Services, and copyright administration services.
1.2 Headings in this Agreement are for convenience only, have no legal effect and shall not be taken into account in the interpretation of this Agreement.
1.3 References to the singular shall include the plural and vice versa, references to each gender shall include the other and neutral gender, and references to natural persons shall include firms and corporate bodies, Songservice.com’s legal successors, or representatives of the foregoing, where the context requires or admits.
1.4 The use of the words "including", or "include" shall not be construed to limit or exclude any items or matters not mentioned and shall mean "including without limitation".
1.5 The phrase [a party] "shall have the right" [or words of similar connotation] shall mean that such party shall have the right, without limitation, of any of such party’s other rights or remedies hereunder at law or otherwise.
2. Grant of Licence
2.1 You may only use the Services and Content for your personal, informational use and/ or professional non-commercial review. Consequently, you may view or print one copy of the Content to any single computer solely for such use, provided you keep intact all copyright and other proprietary notices. Any and all forms of download are not permitted under the terms of this Agreement and are strictly prohibited. The use of any and all Services and/or Content on any other web site or networked computer environment or for any other purpose other than in connection with your use of the Services and under the terms of this Agreement, is strictly prohibited. You agree not to use any of the Services to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or which otherwise infringes third party rights.
2.2 You hereby acknowledge and agree that;
2.2.1 all Content, in whole or in part, including that which is streamed, printed or copied using the Services is either owned and/or controlled by Songservice.com or by the third party supplier concerned, and further, is protected by copyright and other intellectual property laws of the Netherlands and throughout the world by the applicable law and any unauthorized use may violate copyright, trademark and other similar laws;
2.2.2 you will only use the Services and Content in such a manner that complies with all applicable laws in all jurisdictions in which they are used, including laws relating to copyright and other intellectual property rights, databases and circumvention of copyright protection measures and laws relating to the purchase and sale of goods. Except where expressly permitted under this Agreement, you may not permit third parties to use the Content and Services, copy, transfer, transmit, or rent, lease, transfer or otherwise dispose of rights in and to the Content or Services, remove any proprietary notices contained on the Content or Services, nor add to alter, delete from, or otherwise modify the Content;
2.2.3 you may not, under any circumstances, distribute Content to third parties, broadcast or perform the Content outside your normal circle of family and social acquaintances, nor otherwise copy, reproduce, republish, upload, post, transmit, communicate to the public, or distribute in any form or by any means any of the Content without prior written permission from and/or without entering into a separate agreement with Songservice.com and/or the relevant rights (intellectual and/or proprietary) owner;
2.2.4 any and all Content not owned and/or controlled by Songservice.com is the sole responsibility of the supplier of the Content concerned, and not the responsibility of Songservice.com;
2.2.5 by using the Services and by accessing, evaluating and or/reviewing the Content, you may find some of the Content objectionable, for which Songservice.com accepts no responsibility. Without limiting the foregoing, under no circumstances will Songservice.com be liable in any way whatsoever at law or otherwise, for any and all Content to which you have access or with which you are supplied, including its accuracy, correctness and/or timeliness (including that Content for which you have a separate agreement with and/or written permission from the relevant intellectual and/or proprietary rights owner and that Content available to you at discounted rates by virtue of your use of the Services) during the period of your permitted use of the Services (whether by paid subscription or otherwise), including any errors or omissions in, quality and/or availability or subject matter of the Content (or part thereof), nor for any loss of damages of whatsoever kind incurred in relation to any use of any Content;
2.2.6 any and all personal information you provide to Songservice.com is governed by the applicable laws of the Netherlands. Notwithstanding the foregoing, Songservice.com will disclose the identity of any user of the Services to the extent required under the law of the Netherlands and all other applicable laws and regulations;
2.2.7 any and all Feedback will be deemed, at the time of communication to Songservice.com, the property of Songservice.com, and Songservice.com shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of all Feedback and its legality under the laws of the Netherlands and all other applicable laws and regulations.
2.2.8 Songservice.com will not have any liability or responsibility for the content of any communications you post to any and all Songservice.com web site(s) and/or to other users of the Services, nor for any errors or violations of any laws or regulations by you in connection with or otherwise arising out of your use of any of the Services, including any Content supplied in any manner whatsoever by you to Songservice.com and/or to other users of the Services;
2.2.9 access to and use of password protected or secured areas of any and all web sites of Songservice.com, including the Song Catalog, is restricted to authorized users only. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access any and all Songservice.com web site(s) as well as any activities that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Content;
2.3 You further warrant agree and represent that;
2.3.1 any and all information, including payment information supplied and/or to be supplied by you in connection with your application for use of any and/or all of the Services, is full and accurate and complete.
2.3.2 any and all your use of the MIP Services, Songwriter Review Services, and/or Songwriters’ Collaboration Services shall be governed respectively by, and you further agree to be bound by the terms of use otherwise set out in this Agreement.
2.4 You hereby agree to indemnify, defend and hold Songservice.com harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your use of the Services.
3. Modification/termination of this Agreement
3.1 Songservice.com has the right at any time, on notice to you, to modify the terms and conditions of and/or terminate this Agreement
3.2 Songservice.com has the further right to terminate this Agreement automatically without notice to you, in the event that you fail to comply with or otherwise breach a term or condition of this Agreement. You further acknowledge and agree that Songservice.com has the right, without obligation, to monitor all communications from you while you make use of the Services, to determine whether you are in compliance with the terms and conditions of this Agreement.
3.3 Upon any termination of this Agreement, howsoever caused, you shall immediately discontinue your use of the Services and/or Content.
4. MIP Services – terms of use
The following terms and conditions shall relate to the use of MIP Services:
4.1 Payment & Services
4.1.2 Following the expiry of a trial period, if any, at Songservice.com’s sole discretion, you agree to pay Songservice.com the annual subscription fee for your use of the MIP Services, using a valid credit card or by payment into the bank account as advised to you by Songservice.com, plus any applicable taxes, in accordance with Songservice.com’s payment terms and MIP Services fees in effect at the time the fee[s] become[s] payable. Fees shall be billed in advance at the beginning of the applicable year. All payments are completely non-refundable. Failure to supply valid credit card details and/or other complete and accurate information required by the subscription registration form my result in the immediate termination of the MIP Services;
4.1.3 Songservice.com has the right to charge interest on late payments;
4.1.4 during your subscription period, you will be entitled to receive the MIP Services.
4.2 Your right to cancel
4.2.1 You may cancel the MIP Services at any time, on written notice to Songservice.com, but Songservice.com will not refund any subscription fees already billed prior to such notice. [In the event that you have subscribed for a minimum commitment period, you will be responsible for all charges for the entire commitment period. To cancel the membership, send an email to membership@songservice.com, at least 1 month before the termination of the membership period. Otherwise the membership will automatically be renewed.
4.2.2 You hereby acknowledge and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with Songservice.com, including without limitation any dispute relating to and/or arising from;
- any term or condition of this Agreement and /or any policy or practice of Songservice.com, and/or Songservice.com’s enforcement and/or application thereof;
- the Content and or any change in the Content;
- your ability to access and to use the Content as permitted by this Agreement; or
- the amount and/or type of fees, applicable taxes, billing methods and/or changes thereto.
4.3 Songservice.com’s right to modify/terminate MIP Services
4.3.1 Songservice.com has the right at any time, on notice to you, to;
? modify the terms and conditions of the MIP Services, including the price, content or nature of the MIP Services; ? terminate any of the MIP Services provided that you shall, at Songservice.com’s discretion, be entitled either to continue to receive the MIP Services for any period for which you have already paid, or to a pro-rata refund. 4.3.2 Upon any termination of the MIP Services, you shall immediately discontinue your use of the MIP Services. Your obligation to pay accrued charges and fees shall survive any such termination.
5. Songwriter Review Services – terms of use
The following terms and conditions shall relate to the use of Songwriter Review Services:
5.1 Songservice.com shall at its sole discretion provide a review of songs submitted free of charge. A maximum of three songs per songwriter per quarter will be reviewed. Songservice.com does not commit to a timeframe in which the reviews are done.
5.1.1 Any and all copyright and intellectual property rights in all comments provided to you by Songservice.com as part of or in conjunction with the Songwriter Review Services ("Comments") belongs to Songservice.com worldwide in perpetuity. You may publish and/or otherwise use the Comments, provided all such publication and use is for non-commercial promotional purposes only and provided may use/publish, and provided you include a copyright notice and credit Songservice.com as the source of such Comments.
5.2 Songservice.com has the right at any time, on notice to you, to modify the terms and conditions of and/or to terminate the Songwriter Review Services.
5.3 Upon any termination of the Songwriter Review Services, you shall immediately discontinue your use of the Songwriter Review Services.
6. Songwriters’ Collaboration Services – terms of use
The following terms and conditions shall relate to the use of Songwriters’ Collaboration Services: 6.1 You should provide Songservice.com with all necessary information, including personal details, to enable Songservice.com, at its sole discretion, and without any obligation, to match search information with third parties. Therefore, Songservice.com is entitled to publish this information (including name and location details) provided on its website and/or in mailings.
6.2 Songservice.com has the right at any time, on notice to you, to modify the terms and conditions of and/or to terminate the Songwriters’ Collaboration Services.
6.3 Upon any termination of the Songwriters’ Collaboration Services, you shall immediately discontinue your use of the Songwriters’ Collaboration Services.
7. General
7.1 No amendments or additions to or consensual cancellation of this Agreement by you, nor waiver of any right by you and/or Songservice.com arising from this Agreement, its breach, or termination, shall be binding upon Songservice.com and/or on you except to the extent expressly accepted in writing by the duly authorized representatives of both parties. Any such amendment or addition shall not affect the remaining terms and conditions of the Agreement, which terms and conditions will apply in full force, even where not expressly stated.
7.2 Any acceptance or waiver of any term or condition of this Agreement by a party shall not affect any other rights of that party, nor waive any other term or condition (or any subsequent breach thereof).
7.3 Nothing in this Agreement shall be interpreted as nor require the performance of any acts contrary to the provisions of any rule of law in The Netherlands, the Treaty of Rome, any other treaty or any national, governmental, European Economic Community, or European Community European Union regulation or anti-trust or restrictive practice legislation.
7.4 Nothing contained in this Agreement shall constitute an association, partnership, joint venture or employment relationship between the parties, or constitute either party as the agent of the other, or authorize either party to represent or bind the other.
7.5 All notices to be given by Songservice.com to you pursuant to the terms of this Agreement shall be by email and/or by publication on the Songservice.com website, and all notices to be given by you pursuant to the terms of this Agreement shall be in writing and shall be sent by both First Class Mail and Certified Mail, Return Receipt Requested to Songservice.com at the following address:
PO Box 94379, 1090 GJ, Amsterdam, the Netherlands.
Said address shall remain in effect until Songservice.com notifies you of a change of address.
7.6 Any and all linked sights from any and all Songservice.com websites provided by Songservice.com as part of or in conjunction with the Services, are not under the control of Songservice.com, and Songservice.com is not responsible for the content of any such linked site or any link contained therein. Songservice.com reserves the right to terminate any link at any time. Any and all such links are provided as a convenience to users of the Services, and in no way should their provision be interpreted as an endorsement of any company, content or products to which they link. Any and all access to any of the third party sites linked to any Songservice.com web site, is entirely at your own risk. Songservice.com makes no warranties, express or implied, to any linked sites, including any warranty as to the accuracy, ownership, validity or legality of any content of any linked site.
7.7 IN NO EVENT SHALL SONGSERVICE.COM OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF WHATSOEVER NATURE, INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE, OR RELIANCE ON ANY OF THE CONTENT, AND/OR OUT OF THE USE OR INABILITY TO USE ANY SONGSERVICE.COM WEB SITE OR ANY LINKED SITE PROVIDED BY SONGSERVICE.COM AS PART OF OR IN CONJUNCTION WITH THE SERVICES.
8. Applicable law & Jurisdiction
8.1 This Agreement shall be construed in accordance with and governed by the laws of The Netherlands. Any dispute in connection with the text and execution of this Agreement will be submitted in first instance to the Court of Amsterdam as the competent court; it being acknowledged that Songservice.com is entitled to submit any dispute to the competent Court of your place of business or residence.
Links to Other Sites
Any and all linked sights from this website are not under the control of Songservice.com, and Songservice.com is not responsible for the content of any such linked site or any link contained therein. Songservice.com reserves the right to terminate any link at any time. Any and all such links are provided for your convenience, and in no way should their provision be interpreted as an endorsement of any company, content or products to which they link. Any and all access to any of the third party sites linked to any Songservice.com web site, is entirely at your own risk. SONGSERVICE.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF ANY LINKED SITE. Materials.
Songservice.com assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. Songservice.com is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.
Songservice.com services
Any and all use of Songservice.com services is subject to the terms and conditions of the Songservice.com end user licence agreement for use of Songservice.com services.
IN NO EVENT SHALL SONGSERVICE.COM OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF WHATSOEVER NATURE, INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, AND/OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE.