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1. Description Of Service
SingSnap.com provides an online singing service (the "Service"), that permits you to listen to, sing-along with, record, and playback personalized renditions of your favorite recording - under certain terms and conditions as set forth in this Agreement.
2. Age requirements for use of service
3. Objectionable Material.
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the service at your sole risk and that SingSnap shall have no liability to you for content that may be offensive, indecent or objectionable.
4. Intellectual Property.
- Acknowledgement of Ownership.
- Removal of SingSnap Content or Other Materials.
You agree that the SingSnap website and Services, including but not limited to graphics, text, audio clips, video clips, pictures and editorial content (collectively, "Materials"), contains proprietary information and material that is owned by SingSnap 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. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, SingSnap and its licensors reserve the right to change, suspend, remove, or disable access to any services, content, or other materials comprising a part of the Service at any time without notice. In no event will SingSnap be liable for the removal of or disabling of access to any such Services, content or materials under this Agreement. SingSnap 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.
All copyrights in and to the Service, including but not limited to, SingSnap.com (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by SingSnap and/or its licensors. 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.
IN THE EVENT OF A DISPUTE BETWEEN USERS OF SINGSNAP AS TO OWNERSHIP OF ORIGINAL CONTENT, SINGSNAP FOLLOWS PROCEDURES THAT CAN BE FOUND BY CLICKING ON THE "DMCA PROTECTED" LOGO WHICH IS DISPLAYED IN THE LOWER PORTION OF THE SINGSNAP SITE. NOTWITHSTANDING THE ABOVE DMCA PROCESS, SINGSNAP RESERVES THE RIGHT TO REMOVE CONTENT FROM THE SITE AT ANYTIME AT MANAGEMENT'S SOLE DISCRETION.
5. Information you provide.
You agree to:
- Provide true, current, accurate and complete information as prompted by the registration form.
- Maintain and update this information as required to keep it current, complete and accurate. SingSnap retains the right, to investigate and take appropriate legal action, in its sole discretion, to suspend or terminate your enrollment and rights, at any time, for any or no reason, with or without prior notice, and without liability.
- Explicitly grant to SingSnap and to his/her assignees and licensees the absolute right and permission to use, broadcast, publish and sell the video and audio recordings in any medium, throughout the world, without any restriction whatsoever.
6. User Account and Security.
- Account and Password.
- Usage Rules
- Your use of the SingSnap.com and its services is conditioned upon your prior acceptance of the terms of this Agreement.
- You are authorized to use the Services only for personal, noncommercial use. SingSnap may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by SingSnap management. Illegal and/or unauthorized use of SingSnap will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by SingSnap for any illegal or unauthorized use of the Website.
- You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
- The delivery of Services does not transfer to you any commercial or promotional use rights in the Products.
- For the avoidance of any doubt, you hereby agree that all fees shall be deemed fully earned once paid and that, under any circumstances, SingSnap will not refund any money paid by you to SingSnap.
- You hereby agree that SingSnap shall have the right to send you emails based on any information you have provided SingSnap, any information related to the information you have such provided, or any other information. You hereby agree that any such email sent by SingSnap is not spamming, illegal, or unsolicited. You hereby further agree that if you choose to delete your profile and/or resign from SingSnap, your profile will not appear in any search results, however, SingSnap keeps the right, to continue sending you emails in other fields.
- You are solely responsible for your interactions with other SingSnap users. SingSnap reserves the right, but has no obligation, to monitor disputes between you and other Members.
- You agree not to transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
- You agree not to transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright trade secret or the privacy or publicity or other personal rights of others.
- You agree not to promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
- You agree to not record parodies or complete rewrites of songs on SingSnap backing tracks. For the avoidance of doubt you are free to perform your own compositions on the SingSnap Original blank track.
- You agree not to attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication, measures without proper authorization, or otherwise interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
- You agree not to interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
- You hereby acknowledge that violations of system or network security may result in civil or criminal liability. SingSnap may investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- You agree that your purchase, or use of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. SingSnap reserves the right to modify the Usage Rules at any time.
- You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of SingSnap. Accordingly, in the event that SingSnap changes any part of the Service or discontinues the Service, which SingSnap may elect to do, you acknowledge that you may no longer be able to use the services to the same extent as prior to such change or discontinuation, and that SingSnap shall have no liability to you in such case
- The Service may offer interactive features that allow you to, among things, submit or post information and materials on areas of the Service accessible and viewable by other users of the Service and the public. You agree that any use by you of such features shall be your sole responsibility, shall not infringe or violate the right of any other, contribute to or encourage unlawful conduct, or otherwise be obscene, objectionable or in poor taste. Moreover, you hereby grant SingSnap a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Services, without any compensation or obligation to you.
- SingSnap 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 liability.
- You hereby agree that SingSnap shall have the right to allow third party sites to collect information that is not personally identifiable.
- You agree to adhere to the principles and suggestions in the SingSnap Code of Conduct.
As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify SingSnap of any unauthorized use of your Account or any other breach of security. SingSnap shall not be responsible for any losses arising out of the unauthorized use of your Account.
You understand that the Service, and products purchased through the Service, include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by SingSnap and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by SingSnap for compliance purposes, and SingSnap reserves the right to enforce the Usage Rules with or without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
- Termination by SingSnap.
- Termination of the Service.
If you fail, or SingSnap 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, if any, failure to provide SingSnap with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, SingSnap, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
SingSnap 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 SingSnap 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 SingSnap. 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.
SingSnap reserves the right to take the steps that they believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to SingSnap's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that SingSnap has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as SingSnap believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to SingSnap's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
10. No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, SingSnap may provide links to certain third party websites. You acknowledge and agree that SingSnap is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. SingSnap does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
11. Disclaimer of Warranties; Liability Limitations.
- SingSnap 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 SingSnap MAY REMOVE THE SERVICE TEMPORARILY FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
- YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SingSnap WEBSITE AND SERVICES DELIVERED TO YOU ARE (EXCEPT AS EXPRESSLY STATED BY SingSnap) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. SingSnap EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. SingSnap CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
- IN NO CASE SHALL SingSnap, 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, SingSnap'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- SingSnap 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 SingSnap HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
- SingSnap DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SingSnap DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
12. Waiver and Indemnity.
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD SingSnap, 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 SingSnap 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 SingSnap, 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 SingSnap'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.
15. Mobile App
NEVER USE THE SINGSNAP SERVICE OR MOBILE APP WHILE DRIVING! SingSnap assumes no liability for damage and/or injury caused by the misuse of smartphones, tablets or other mobile devices or mobile apps while driving in a motor vehicle or in any other situation deemed unsafe for mobile app usage. The user assumes all liability for use or misuse of the site and apps.
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your personal data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us.
We also receive data from the computer, mobile phone or other device you use to access SingSnap. This may include your IP address, location, the type of browser you use, or the pages you visit. We will not share this information with any third party outside of our organization, other than as necessary in the investigation of any TOS or COC violations as needed, or as legally obligated to do so.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what personal data we have about you, if any.
- Change/correct any personal data we have about you.
- Have us delete any personal data we have about you.
- Express any concern you have about our use of your personal data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data or email login details for example), that information is encrypted and transmitted in a secure way. You can verify this by looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
In order to access all features of this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or location) about yourself, but it is not required.
We request information from you on our order form. To buy from us, you must provide contact information (like name and email address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
From time-to-time our site requests information via surveys. Participation in these surveys is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and address), and demographic information (such as zip code, age level). Survey information will be used for purposes of improving the use and satisfaction of this site.
First and foremost practice the philosophy "Treat others how you would like to be treated". Below are more specific rules to follow that will help you interact with others peacefully on SingSnap.
Keep it real
Always have correct information about yourself in your account.
Don't pick a fight
Do not single out other members and discuss in a negative context unless they are already party to the discussion. When in disagreements, always keep the discussion civil by not ridiculing, mocking, humiliating, insulting or referring to another member in a derogatory, threatening or malicious manner.
Private means private
Do not publicly post any sensitive private message content that you have sent or received. The posting of personal contact information for other users without their permission is strictly prohibited. Do not discuss specific blocks or bans made by yourself, other members or staff. Lastly, do not discuss previous violations of SingSnap rules.
Leave the suit at the office
Do not advertise your own commercial endeavors or promote competing websites anywhere on SingSnap.
Keep the kids safe
Always have a parent or guardian visible or audible in the recordings if children under the age of 13 record on your account.
Keep us safe
Only use the backing tracks provided by SingSnap or music you own the rights to. Do not violate copyright laws by including video you do not have the rights to. Do not post licensing related material or information involving legal matters related to our song catalog.
Don't be a hacker
Do not post any code that collects information from visitors without their knowledge. Do not try to cheat the system or interact with it in abnormal ways.
Use your judgment
Do not post (or link to) offensive, inflammatory, obscene, vulgar, profane, racist or sexually explicit text, images and video. Do not promote or provide instructional information pertaining to illegal activity. Do not encourage others to violate any SingSnap rules.
Don't be a hater
Do not use other websites or email to spread false information or posture against SingSnap, its staff and its community.
So, to sum everything up, play nice :)