These Terms of Use (the “TOU”) shall govern the use of the SONG.ONE ↗ for music promotions creation of Music Smart Links and/or the creation of customized websites (together the “Services”). By using the Services you hereby agree to be bound by these TOU. The term “Customer” shall refer to any individual or entity, whether artist, agent, or record label, who accepts these TOU by submitting a registration form with all the required information for approval (the “Registration”) and checking the “I Agree” checkbox.
ALL CUSTOMERS MUST COMPLY COMPLETELY WITH THESE TOU. SONG.ONE ↗ RESERVES THE RIGHT TO TERMINATE THE REGISTRATION OF ANY CUSTOMER THAT VIOLATES ANY OF THE TOU. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AS OF THE EFFECTIVE DATE OF THESE TOU.
By submitting an audio, video, or text component (the “Component”) for inclusion for use through the website or Service, Customer agrees to be legally bound by these TOU. No conditions other than those set forth herein shall be binding on SONG.ONE ↗ unless specifically agreed to in writing by SONG.ONE ↗. SONG.ONE ↗ will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the Customer. Customer and its agent(s) (if applicable) are jointly and severally responsible under these TOU. Subject to SONG.ONE ↗’s right to terminate or cancel registration under the TOU, SONG.ONE ↗’s only obligation to serve audio, video, or text promotions hereunder shall be to serve the audio, video, or text promotions of the Customer described herein, and in no event shall SONG.ONE ↗ be obligated to serve any Components for any other Customer. The TOU will be considered accepted by the Customer once the Component requested in the registration form is submitted into the Services. Under no circumstances shall SONG.ONE ↗’s liability or obligations exceed those which are expressly set out in the TOU.
Payment:
Payments for the Services shall be in accordance with the amounts and terms set forth on a separate quotation or price list provided by SONG.ONE ↗, which may be available at an Internet location provided to you by SONG.ONE ↗ (a “Quotation”). Some Services will be available for free and some for a subscription fee in accordance with the desired tier of service. You must make payment of such amounts according to the payment terms set forth in the Quotation. Payment of such amounts must be without deduction or withholding, including in respect of taxes or other government charges. Late payments shall be subject to a late fee of 18% per annum or, if lower, the highest amount permitted by applicable law. In the event of any conflict between this TOU and the express terms of any Quotation, the express terms of such Quotation shall govern. SONG.ONE ↗ reserves the right to set and negotiate specific payment terms for each Customer and to make changes to the pricing. All payment will be made via PayPal, credit card, or bank wire transfer. SONG.ONE ↗ is under no obligation to perform agreed-upon services until payment is received. Where payment is made by credit card, Customer expressly agrees not to charge back any amounts and will instead follow the dispute resolution procedures as specified herein.
In the event of a dispute between Customer and SONG.ONE ↗ regarding amounts due, Customer agrees that SONG.ONE ↗’s tracking count shall be applied. Customer understands and agrees that in no event and under no circumstances will data provided by any SONG.ONE ↗ representative constitute final billing numbers. Only invoices sent directly to Customer are to be construed as representative of billable amounts. In the event that SONG.ONE ↗ does not receive written notification of a disputed invoice, with rationale and support therefor specifically set forth therein, within five (5) days from the date of the invoice, such invoice will be deemed valid and payable and may not thereafter be disputed.
Any late payments will accrue interest equal to one and a half percent (1.5%) per month or the maximum amount allowable under law, whichever is less, compounded monthly. SONG.ONE ↗ shall be entitled to recover all reasonable costs of collection (including attorneys’ fees, expenses, and costs) incurred in attempting to collect payment from Customer.
Rates are subject to change at any time. SONG.ONE ↗ reserves the right to hold Customer and any agent, producer, or other authorized representative of Customer jointly and severally liable for all amounts owed to SONG.ONE ↗.
Using the Services:
SONG.ONE ↗ shall have absolute discretion as to whether or not it approves a particular Customer for registration to use the SONG.ONE ↗ Services.
Our Services can be provided by means of third-party sites, applications, or services. Such Services may include: (a) advertising campaigns (“Campaigns”); (b) Music Smart Links by means of which the end users can link to the Customer’s websites or services; and/or (c) tools to create customized websites (“Customer Websites”) which Customer Websites we will host.
Services may include features which allow end users to sign in with their streaming service accounts (such as Spotify or Deezer) or other social media accounts and/or to pre-save an album which has yet to be released.
Customer is solely responsible for personal data obtained from the Services by Customer or for Customer’s benefit (“Personal Data”). Without limitation, Customer (a) must have and abide by an appropriate privacy policy that complies with all applicable laws and regulations relating to Personal Data including, without limitation, its collection, transfer, storage, use, and destruction (collectively “Use”) and which states that third-party service providers may be located outside the country of the user and may collect and process certain Personal Data; (b) is solely responsible for obtaining all data subject consents and taking other actions to ensure that Use of Personal Data in connection with the Services, including without limitation its Use by SONG.ONE ↗ as set forth in the SONG.ONE ↗ Privacy Policy and in connection with providing services hereunder, complies with applicable laws; (c) must not circumvent any privacy features (e.g. an opt-out) that are part of the Services; and (d) must also provide notice of the use of cookies, including our third-party cookies that are used to collect Personal Data. Customer must ensure that any third party, such as music or digital marketing companies, accessing the Personal Data and/or statistical data on behalf of Customer will make no use of such data in ways not permitted under the TOU, the Privacy Policy, nor any use of such data for their own purposes.
SONG.ONE ↗ will not deliver users to sites containing content that is not appropriate for viewing by a general audience or provide Services in connection with the same.