Thank you for choosing SongCast. Please read this Terms of Use Agreement (“Agreement”) carefully before using the content and services from SongCast, Inc. (“SongCast”) and their mobile application (“App”), for streaming music (“Services”). By using the Services, you are agreeing that you have read and accept the terms of this Agreement. If you do not agree to the terms of this Agreement, your only option is to discontinue use of the Services. Any use that contradicts the terms of this Agreement is unauthorized. Further, if you reject these terms, you are not authorized to use the Services and, accordingly, please do not use the Services. The term “you” refers to the user, viewer, or person accessing the Services.
Article i
SCOPE
1.1 This Agreement governs your use of the Services, any content, including, postings, digital publications, messages, text, files, data, information, images, graphics, photographs, audio clips, sounds, music, videos or other materials and the design and organization of these items (collectively, referred to as the “Content”) that may be available through the Services. You may not store, copy, edit, change, exploit, reproduce, publish, transmit, download, sell, license, transfer, assign, post, modify, publicly perform, distribute, or otherwise exploit any copyrighted material from the artists presented on the Services. However, the copyrighted material may be purchased by you through a third party like iTunes®. At such time, you will be bound by their terms of use.
1.2 The Services are licensed to you under this agreement, not sold to you. The Services are the property of SongCast, and SongCast grants you a limited, revocable, non-exclusive, non-commercial, non-transferable, non-sublicenseable license to access the Services subject to the terms and conditions of this Agreement and your payment of any fees (if applicable). SongCast may terminate this license with respect to Services at any time and for any reason. You agree not to assign the Services to another party.
1.3 This Agreement authorizes use of the Services only for your own personal, non-commercial purposes. Use of the Services for any public or commercial purpose is not allowed.
1.4 The Services are designed and marketed for adult usage or usage with adult supervision. Individuals under eighteen (18) years of age are not authorized or permitted to use the Services without the supervision of their parent or legal guardian. If you are under eighteen (18) years of age and do not have parental consent or do not agree to all of terms and conditions of this Agreement, you may not use the Services.
1.5 Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Article Ii
USE
2.1 In order to access the Services, you must possess the hardware and software required by the Services and be connected to the Internet.
2.2 You agree that you will comply with all posted policies, which may be updated at any time. We may suspend or stop providing you with access to the Services if you fail to comply with our posted policies.
2.3 You agree to provide your name, email address, and any other required information to access service. You agree that SongCast may gather other Information, as defined in Article III, from your use of the Services.
2.4 You agree that SongCast may send communications to your email address. These communications may include, but are not limited to, further information about Services, special offers, and other messages related to Services. You may also receive communications from or related to artist(s) associated with that station by or on behalf of SongCast. SongCast will not sell or provide your email address to any third party without your permission.
2.5 During your use of the Services, SongCast may track your listening preferences, including the songs, albums, artists, and stations, in order to provide Services for you. SongCast may track other factors with the songs, albums, artists, and stations, including whether you like or dislike them, how long and how frequently you listen to them, and how often you skip them. SongCast may also track your interaction with advertisements within the Services for third parties (“Advertisements”). Through your use of Services, you consent to our collection and use of your preferences for your listening activities.
2.6 SongCast reserves the right, in its sole discretion, to select, display, and perform content based on a number of different factors, including but not limited to licensing and contract requirements and restrictions, SongCast preferences, and industry trends. SongCast makes every effort to provide Services that you would enjoy. However, in order to provide the Services, SongCast must reserve the right to alter, change, modify, or terminate any services, content or application functionality at any time, with or without notice to you.
2.7 The Services, including the App, may offer the ability for you to receive push notifications in connection with those Services. If you would like to modify your ability to receive push notifications from our Services, you can control those settings within the settings or preferences of each respective device. By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of SongCast. You may not opt-out of receiving account-related communications for the Services.
2.8 SongCast may present Advertisements, including links to their services and/or products. SongCast is not responsible for the availability or content of these Advertisements, including the content or any errors or omissions leading to any losses or damages to you from the third party’s Advertisements. SongCast does not warrant that the Advertisements will be free of computer viruses or other harmful code that can impact your computer, and SongCast is not liable for any loss or damage which may be incurred by you as a result of the Advertisements, or as a result of any reliance placed by you on the completeness, accuracy or existence of any Advertisements. SongCast encourages you to read the terms and conditions and privacy policy of each third-party website that you visit for the Advertisements.
2.9 The Services provided by SongCast may contain content which may be considered inappropriate for children under the age of eighteen (18), including explicit lyrics, visual images, and other media. This content may include explicit language and depictions of violence, sex, and/or substance abuse. Parental discretion is advised for the use of Services with children under the age of eighteen (18).
2.10 To cancel or deactivate your account for Services, please contact webmaster@songcastmusic.com.
Article iii
PRIVACY
3.1 Your privacy is very important to SongCast. To better protect your rights, SongCast has provided you with their Privacy Policy within this Agreement, which may change from time to time without notice.
3.2 In certain circumstances, registration may be required in conjunction with the use of sections of or offerings from the Services. You agree that, if registration is requested, you will provide the Services with complete and accurate registration information. You agree to register using your legal name and accurate information and that you are responsible for preventing unauthorized use of the Services. If you have reason to believe that unauthorized use of your account for Services is occurring, you should contact webmaster@songcastmusic.com. SongCast will not be responsible for any loss or damage resulting from your failure to notify us of the unauthorized use.
3.3 SongCast reserves the right, and you authorize SongCast, to use and assign all information regarding your use of the Services and all information provided by you (collectively, “Information”) in any manner consistent with the terms of this Agreement. You acknowledge that SongCast may receive and store any Information you enter through the Services or provide via other communications (e.g., emails, chat, over the phone, etc.). For example, Information may be collected from you when you place an order, create an account, or ask us a question (e.g., call, email, chat, etc.). The Information collected from you can include, but is not limited to: 1) your name; 2) your company’s name (if applicable); 3) your shipping and billing address, 4) your email address; 5) your phone number; 6) your birth year; 7) your gender; 8) your credit card number and other payment Information if you subscribe to a paid Service of SongCast; and 9) your purchase history Information. SongCast may track and collect the following electronic Information when you use our Service or one of our affiliate websites, including but not limited to: 1) your IP address; 2) the domain server; 3) the type of device used; 4) the type of web browser used; 5) other traffic Information; 6) your phone number; 7) operating system version and type; 8) your carrier; 9) unique identifiers (e.g. Android Advertising ID, VIN, MAC address, and IDFA), 10) your location information; and 11) any other potentially identifying information about you or your electronic devices. The electronic Information is generally anonymous and not personally identifying, but is helpful for improving the user experience for our Services. Additionally, the Services may utilize “cookies,” “beacons,” “tracking pixels,” and/or “HTML5 and/or “flash local storage” to customize Content that is specific to your interests or to store your Website password so that you do not need to re-enter Information every time you visit. Any demographic Information (e.g., age, zip code, preferences, etc.) may also be collected by SongCast from any communications provided by you. SongCast may disclose aggregated user statistics from any Information in order to describe our Services and their use to potential advertisers, partners, and other third parties and for other lawful purposes. You agree that SongCast cannot be held liable for any Information disclosed by you in a public profile, such as through social media or through any material on your public profile for the Services.
3.4 In order to protect you from potential fraud and/or other misconduct, SongCast may obtain information about you from third parties to verify Information you provide.
3.5 SongCast does not knowingly collect or solicit personal Information from children under thirteen (13) years of age. Should SongCast learn that someone under thirteen (13) years of age has provided any personal Information to SongCast, SongCast will remove that Information as soon as possible.
3.6 SongCast has implemented electronic means of protecting your personal Information. Even though SongCast has taken steps to ensure that your personal Information is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that SongCast cannot fully eliminate security risks associated with personal Information. The security of the account for your Service depends on your keeping your account password confidential, and you should not share your account name, password or any other security Information with any unauthorized parties.
3.7 In general, SongCast will not use personal Information in a manner inconsistent with the manner described in this policy. However, notwithstanding the above policies, SongCast reserves the right to disclose your personal Information to appropriate third parties if required to do so by law or if such actions are believed to be necessary, including but not limited to the following circumstances: 1) to comply with legal process such as a search warrant, subpoena or court order; 2) to protect the rights and property of SongCast or any of its affiliates and related entities; 3) to investigate reports of fraud or of users sending material using a false email address or users sending harassing, threatening, or abusive messages; 4) to protect against misuse or unauthorized use of the Services; and 5) in emergencies, such as when someone’s physical safety is believed to be at risk. SongCast assumes no liability for any third party violating its own privacy policy or other laws regarding your information.
3.8 Your acknowledge that SongCast may track information regarding your listening preferences and Your Content as described in Article II. You also acknowledge that we may receive or collect information about you from third parties and store that information.
3.9 As a condition to your use of the Services, you agree not to:
(a) use any robot, spider, data mining, other automatic device, or manual process to monitor or copy the Services;
(b) interfere with or disrupt technological measures designed to control access or use of the Services;
(c) interfere or attempt to interfere with the proper operation of the Services and its activities to damage, detrimentally interfere with, intercept, or extract any system, data, or personal information;
(d) take any action that might impose an unreasonable or disproportionately large load on the Service's technical infrastructure or could disable, overburden, or impair the Services; and
(e) use the Services in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law.
Article Iv
intellectual property
4.1 You acknowledge and agree that SongCast owns or has licensed all legal right, title and interest in and to the Services, including any rights in intellectual property (“Intellectual Property”) which subsist in the Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist. The Intellectual Property may include copyrights, trademarks, patents, or trade secrets. You acknowledge that SongCast does not grant any express or implied rights to you regarding Intellectual Property with the Services.
4.2 You acknowledge and agree that the Services are protected under United States copyright, trademark and other intellectual property laws. Any unauthorized use of the Services in whole or in part may violate copyright, trademark, and other laws.
4.3 You agree not to:
(a) store, copy, edit, change, exploit, reproduce, publish, transmit, download, sell, license, transfer, assign, post, modify, publicly perform, distribute, or otherwise exploit the Services;
(b) create derivative works from the Services;
(c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure of the Services;
(d) remove or alter any trademark, logo, copyright or other proprietary notices on the Services;
(e) publish or provide any results of any Services, in whole or in part, to a third party;
(f) access, acquire, copy, scrape, harvest, or monitor any part of the Services;
(g) use technologies or initiate activities that may harm the Services; or
(h) assist any third party to engage in any activity that would constitute a breach of this Agreement.
4.4 You agree that the design elements of the Services, including but not limited to all page headers, custom graphics, button icons, and scripts, are a service mark, trademark, and/or trade dress of SongCast and may not be copied, imitated, or used in whole or in part.
4.5 Changes to or deletion of Intellectual Property notices are prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You may not display the Services. You may, however, establish ordinary links to our Website without our written permission.
4.6 You agree to report any Intellectual Property infringement, including any copyright violations, to SongCast as soon as you become aware of them. In the event you have a claim with respect to material that is contained in the Services, please contact us at webmaster@songcastmusic.com. Removal of any material is at the sole discretion of SongCast.
Article v
FEES
6.1 SongCast may offer paid subscriptions to components of the Service, of which you can elect to pay all fees and charges. Unless otherwise stated, all non-refundable fees and charges are due and payable in advance and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the valid payment method you provided when you elected to access that paid component of the Services. In the event that an invalid payment method is provided, you will not be able to access those paid components of the Service. Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. SongCast assumes no liability or responsibility for the payment of any charges you may incur.
6.2 Your payments to any paid subscriptions from SongCast will automatically renew at the end of your subscription period unless you cancel them prior to the end of the subscription period.
Article vi
revisions/changes/modifications
7.1 At any time, SongCast may make changes, modifications, alterations, or updates to this Agreement (“Updated Terms”). When these changes are made, you will be notified through the Service. You understand and agree that if you use the Services after the date on which the Agreement has been changed, SongCast will treat your use of the Service as acceptance of the Agreement and the Updated Terms. If you object to any such changes, your sole recourse shall be to cease using the Services.
7.2 You understand that you should check the Agreement regularly for changes.
Article VII
term and termination
8.1 This Agreement will be in effect for as long as you use the Services. You may terminate Services by canceling the Account at any time for any reason as described in Article VIII.
8.2 SongCast may, in its sole discretion, terminate or suspend your access to all or part of the Website, including, but not limited to, any bulletin boards on the Website, for any reason, including without limitation, breach of this Agreement, and your rights in the Services shall immediately terminate upon SongCast’s termination or suspension of Services.
8.3 In the event this agreement is terminated, the restrictions regarding Content appearing on the Website, and the representations and warranties, indemnities and limitations of liabilities set forth in this agreement shall survive any such termination.
Article VIII
disclaimer
9.1 ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SONGCAST SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9.2 IN NO EVENT SHALL SONGCAST BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR RELIANCE DAMAGES ARISING OUT OF OR IN CONNECTION WITH the SERVICES OR THIS AGREEMENT, UNDER ANY LEGAL THEORY, EVEN IF SONGCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. SONGCAST’S LIABILITY TO YOU, UNDER ANY LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SONGCAST IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $50.
9.3 Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, the above limitation or exclusion may not apply to you and SongCast’s liability will be limited to the maximum extent permitted by law. Nothing in the Agreement shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually waive.
9.4 SONGCAST DOES NOT GUARANTEE, REPRESENT, OR WARRANT TO YOU:
(a) THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, up-to-date, OR RELIABLE; OR
(b) THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
9.5 Under this Agreement, SongCast is not obligated to provide any technical support. In certain instances, you may be required to install an update to the Services in order to continue your use of the Services. SongCast is under no obligation to retain any data or preferences related to your use of Services. ANY USE OF SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION, OR USE OF ANY SUCH MATERIAL FROM THE SERVICES.
9.6 In the event of fraudulent or abusive activities, SongCast reserves the right to pursue legal action.
Article IX
jurisdiction
10.1 The Agreement shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts located within the State of Ohio and Summit County to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that SongCast shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal remedy or relief) in any jurisdiction.
10.2 If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire Agreement between you and SongCast concerning your use of the Services.
Article X
miscellaneous
11.1 You agree to indemnify, defend, and hold harmless SongCast, as well as its successors, assigns, parents, subsidiaries, affiliated and related corporations, shareholders, members, officers, directors, agents, attorneys and employees, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your violation of the terms of this Agreement.
11.2 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by a third party. Your use of these other services, software or goods may be subject to separate terms between you and the third party.
11.3 The failure of SongCast to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and those rights or provisions will still be available to SongCast.
11.4 The section titles in this Agreement are for convenience only and have no legal or contractual effect.
11.5 This Agreement shall remain in full force and effect notwithstanding any termination of your use of the Services.
11.6 You agree that SongCast may assign any and all rights or obligations inured to SongCast by this Agreement to a third-party, at will, at any time, and without prior notice to you and without your written consent.
11.7 This Agreement constitutes the sole and entire agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.
