TERMS OF SERVICE
Last Modified: 2/9/2022
These Terms of Service (the “Terms”) apply to your use of songme.com, songmeapp.com, and all related apps and services (the “Services”). All references to “Song Me” mean Song Me, LLC, a Delaware limited liability company. All references to “you” (and similar words such as “your”) mean the individual using the Services, and if you are using the Services on behalf of a business entity, it means both you and that business.
By using the Services, you are agreeing to these Terms and the other policies referenced in these Terms.
If you are using the Services on behalf of a business entity, then you confirm that you are authorized to use the Services on behalf of that business and you are agreeing to these Terms and the other policies referenced in these Terms on behalf of both you and that business.
If you do not agree to these Terms, then you may not use the Services.
The Services
The Services comprise mobile applications and related services, which enable audience member users to interact with the musician(s) by way of requesting songs with an included tip payment. YOU ACKNOWLEDGE THAT YOUR ABILITY TO REQUEST SONGS BE PLAYED THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH SONG ME AS A PROVIDER OF MUSIC OR A MUSIC SERVICE.
Third Party Services and Content.
The Services may be made available or accessed in connection with third-party services and content (including advertising) that Song Me does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Song Me does not endorse such third-party services and content and in no event shall Song Me be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using any Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's policies.
Access and Use of the Services
License to Use the Services.
Subject to your compliance with these Terms, Song Me grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Services solely for your personal use.
Prohibited Uses.
You may not use the Services if you are under 13 years old. Additionally, you shall not directly or indirectly:
Use the Services for any illegal purpose or in such a way that would violate another contract.
Remove any copyright, trademark or other proprietary notices from any portion of the Services.
Resell or otherwise make the Services available to third parties without Song Me's express permission.
Use the Services in any way that may harm the Services, including without limitation using bots, scrapers, harvesters, or other automated systems.
Take any action which constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Services.
Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Attempt to use the Services without Song Me's express permission after Song Me has terminated your right to use the Services.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Song Me does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Privacy Policy.
Our privacy policy is available at https://www.songmeapp.com/privacypolicy (the “Privacy Policy”). That Privacy Policy applies to your use of the Services.
User Accounts & Paid Services
User Accounts.
Song Me may allow you to create a user account (or Song Me may create an account for you) to use the Services. If you create (or accept) an account, then Song Me may request information about you as described in these Terms and Song Me's Privacy Policy (for information on how Song Me uses that information, please review Song Me's Privacy Policy located at https://www.songmeapp.com/privacypolicy).
Account registration requires you to submit to Song Me certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Song Me. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for everything that happens through your account. You must keep your account credentials private and may not allow other people to use your account.
You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, to Song Me or any other party.
You may terminate your user account at any time, subject to the other provisions in these Terms. If you are unable to terminate your user account in the system settings, then you can terminate your account by emailing Song Me at support@songme.com.
These account rules apply to both general users and musicians who create accounts on Song Me's Services.
Paid Services.
Portions of the Services are only available to users who make a payment (namely, the ability to request a song and leave a “tip”). If you use the paid services, then you must provide Song Me or Song Me's payment vendor with your payment information (for example, a credit or debit card or other information). When you request a song and input a payment amount, the musician may (or may not) accept the request. If the musician accepts the request, then Song Me will initiate one or multiple charges against your chosen payment method (or secondary payment method) equal to the tip amount plus a reasonable transaction fee (which will be displayed to you in the payment process) (each a “Charge”). Some of the Charges are paid directly to Song Me, while other Charges are paid directly to the musician. It is Song Me’s intent for your payments to the musicians to be paid directly to the musician and not flow through Song Me’s accounts. Song Me does not issue any refunds for any payments you make through the Services. All Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees and/or surcharges. Song Me may establish, remove, change, and otherwise modify the Charges at any time for any reason in its sole discretion. Song Me may also offer promotional rates and discounts, all of which will have no cash value and may be rescinded at any time for any reason with or without notice to you.
Musicians.
Song Me may allow certain users to also create musician accounts (or use additional features within a regular user account which are only available to performing musicians). The purpose of these separate accounts (or additional features) is to allow musicians to accept song requests and associated payments from other users. To the extent you use these musician features, and to the extent you accept song requests, Song Me will allow the other users to pay you directly for each song request which you fully perform. The amount you will receive for each performance will be the tip amount the user pays, minus a small percentage withheld by Song Me as disclosed to you when you are signing up. Please note, Song Me can change this percentage at any time by providing 15 days advance notice to you. Notwithstanding anything contrary in these Terms, Song Me will not make any payment to you unless you fully complete all documents and requests for information which Song Me submit to you. Additionally, Song Me may file appropriate documents with all governmental and taxing jurisdictions with respect to payments made to you.
Song Me and each musician are independent contractors of one another. However, for clarity, as between the user, the musician, and Song Me, Song Me will not be deemed the party paying the musician. Rather, the other users will be deemed the party paying the musician. It is Song Me’s intent for payments to the musicians to be paid directly to the musician and not flow through Song Me’s accounts. Musicians may cease using the Services at any time for any reason. Musicians will always be free from the control and direction of Song Me and Song Me will never require any musician to use Song Me's Services or to accept any song requests. Song Me is not a music performance company. All musicians who use Song Me's Services to accept payments from other users represent that they are customarily engaged as a musician, unaffiliated with Song Me.
User Provided Content
You may be allowed to upload content (such as text, documents, images, audio, videos, feedback and more) to the Services (“User Content”).
By uploading User Content, you grant Song Me an irrevocable, worldwide, perpetual, royalty-free, sub-licensable, transferable, non-exclusive, license to access, store, use, process, copy, distribute, display, perform, create derivative works from, and export, User Content, with or without attribution for the following purposes: (a) to provide, maintain, and update the Services; (b) to prevent or address service, security, support, and technical issues, with the Services; and (c) as required by law. You represent that you own User Content, or otherwise have legal rights to User Content, and that the above grant is valid and does not violate any other contract or law.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Song Me in its sole discretion, whether or not such material may be protected by law. Song Me may, but shall not be obligated to, review, monitor, or remove User Content, at Song Me's sole discretion and at any time and for any reason, without notice to you.
Please note that User Content may be visible to other users of the Services depending on the settings chosen by you. Song Me cannot guarantee that they will not violate your rights with respect to User Content and Song Me disclaims all liability for uses by other users. You may request that Song Me remove User Content from the Services, but Song Me may not be able to do so, and Song Me is not obligated to do so. Song Me also has no obligation to retain any User Content.
Intellectual Property
Our Property Rights.
The Services (including all design, software, code, and other content on the Services) are either owned by Song Me, licensed to Song Me, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for their intended purpose as outlined in these Terms.
You shall not use any Song Me company names, logos, product and service names, trademarks or services marks, without Song Me’s prior and express permission.
Copyright/DMCA Policy.
Song Me respects intellectual property rights and it is Song Me's policy to comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on Song Me's Services infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a written or digital DMCA Notice to Song Me's Designated DMCA Agent at: support@songme.com.
Your DMCA Notice must include the following:
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and specifically where it is located on the Service;
Sufficient information for Song Me to contact you such as your address, phone, or email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
PLEASE NOTE: Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Warranties, Disclaimers, & Limitations of Liability
All references to “us” (and similar words such as “we” and “our”) in this section mean Song Me and Song Me's parents, subsidiaries, affiliates, and licensors, and the owners, members, directors, officers, employees, contractors, and agents, of all of them.
The Services are offered on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind.
Without limitation, Song Me does not represent, warrant, or guarantee that (a) the information on the Services is free from error; (b) the functionality of the Services will be uninterrupted, secure, or free of errors; (c) defects in the Services will be corrected; or (d) that the Services or the equipment the Services use are free of viruses.
To the fullest extent permitted by law, Song Me disclaims all representations and warranties (express, implied, and statutory), including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement; and also all liability for identity theft and other misuse of your identity or content.
Song Me does not vet content submitted by users of Song Me's Services and Song Me does not represent or guarantee that any such content is truthful or accurate or that you will have any right to use that content.
Song Me does not warrant, endorse, guarantee, or assume responsibility for, any product or service advertised or offered by a third party on the Services, or for any other websites or applications which are linked to or referenced in the Services. If you use or purchase any such products or services, or if you click on any such links, you do so at your sole risk.
Song Me will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages, including lost profits or revenues, loss of data, loss of use, costs of obtaining substitute goods or services, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, or concurrent) of Song Me, even if Song Me has been advised of the possibility of such damages.
You acknowledge that third party providers including musicians and performers providing music services requested through some request products may offer services and may not be professionally licensed or permitted.
All limitations of liability in these Terms will apply regardless of whether you or the third party bases your/its claim on contract, tort, strict liability, or any other legal theory, and whether Song Me knew or should have known about the possibility of such damages.
All limitations of liability in these Terms will apply to the fullest extent permitted by law.
Subject to the limitations of liability in these Terms, Song Me's liability to you or any third party will not exceed the amount you paid for the Services, or if the claim does not relate to a purchase, then $100.
Any cause of action or claim which you may have which arises out of or in connection to the Services must be brought (if at all) within one year after the cause of action or claim accrued. Otherwise, such cause of action or claim will be permanently barred.
All of the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.
Some jurisdictions do not allow certain disclaimers, limitations of liability, and exclusions. To the extent such jurisdictions’ laws are applicable to your use of the Services, such disclaimers, limitations of liability, and exclusions, will be limited to the extent permitted by the applicable law.
Indemnification
You shall indemnify Song Me and its affiliates and the officers, directors, managers, employees, contractors, owners, and agents of each, against any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with any suit, claim, investigation, or proceeding, related to: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Song Me's use of your User Content; or (iv) your violation of the rights of any third party, including third party providers.
CLASS ACTIONS ARE PROHIBITED: All claims, including all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
Miscellaneous
Termination.
You may stop using the Services at any time. However, you will remain liable for any damage you caused or may later cause to Song Me or any part of the Services.
Song Me may temporarily or permanently suspend your access to (or terminate your right to use) all or parts of the Services (this includes Song Me's right to suspend access to or terminate your user account). Song Me may exercise that right in Song Me's sole discretion, at any time for any reason, with or without notice to you.
All provisions in these Terms which by their nature should survive termination of these Terms shall survive the termination.
Governing Law & Jurisdiction.
Our provision of the Services, your use of the Services, these Terms, and Song Me's Privacy Policy, will all be governed by and construed in accordance with the laws of Missouri excluding its conflict of law principles. With respect to any dispute arising out of or related to any of the foregoing, each party consents to jurisdiction in, and the exclusive venue of, the state courts in Jackson County, Missouri, or if applicable, the U.S. District Court having jurisdiction over that county.
Waiver of Jury Trial.
You and Song Me each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected to Song Me's provision of the Services, your use of the Services, these Terms, or Song Me's Privacy Policy.
Entire Agreement.
These Terms set forth the complete and entire agreement between you and Song Me relating to the subject matter in these Terms and supersede all other discussions, negotiations, proposals, and agreements, whether oral or written, previously discussed or entered into, by you and Song Me relating to the subject matter in these Terms.
Waiver.
The failure or delay by a party to exercise any right or remedy in these Terms shall not operate as a waiver of the same. The waiver by a party of a breach of any provision in these Terms shall not operate as a waiver of any subsequent breach. A waiver shall not be effective unless and until it is in written form and signed by the waiving party.
Severability.
Each provision in these Terms shall be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision should be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision should be deemed removed from these Terms, but the remaining provisions shall remain in full force.
Assignment.
These Terms and all rights and licenses granted to you, may not be transferred or assigned by you, but may be assigned by Song Me without restriction. Any attempted transfer or assignment by you will be null and void.
Power to Amend These Terms.
Song Me may amend these Terms at any time, for any reason, with or without notice to you. Amendments will be effective upon Song Me's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after the amended Terms are posted on Song Me's Services will constitute your acknowledgment and agreement to the amended Terms. However, to the extent the amended Terms materially alter your rights or obligations in these Terms, the amended Terms will become effective upon the earlier of (a) your continued use of the Services with actual knowledge of the amended Terms; or (b) 30 days after the amended Terms are posted on the Services.
Contact.
Except as otherwise required in these Terms or by law, all notices and communications which you may send to Song Me should be sent to support@songme.com.