Campaigns:
Any submitted Component may not violate any third party’s rights, including privacy rights. Customer agrees to confirm the correct function of all Components submitted to the Services within twenty-four (24) hours of the Campaign start. If no confirmation is received within this time frame, SONG.ONE ↗ will assume that the Component is functioning properly, and Customer agrees to pay for all impressions, clicks, or leads derived from the Component as measured by SONG.ONE ↗. All problems related to Component should be immediately brought to the attention of SONG.ONE ↗’s account executive for Customer. SONG.ONE ↗ is not liable for errors in position and/or placement of the Component or errors of any kind. Customer agrees and understands that if SONG.ONE ↗ is requested to retrieve any Component for and on behalf of Customer, that SONG.ONE ↗ performs this service solely as a courtesy to Customer. Customer shall remain fully responsible for all Component delivered for or on behalf of Customer in such instances, even in the event of any errors by SONG.ONE ↗, including retrieving incorrect Component.
Customer hereby grants to SONG.ONE ↗ and its third-party publishers using the Services a non-exclusive, limited, worldwide, royalty-free, revocable license to market, display, perform, copy, transmit, distribute, and promote the Campaign(s) in connection with the Services.
When you post Content or Components on your Smart Links or Customer Websites, you grant SONG.ONE ↗ a license to (i) use, publicly display, distribute, modify, adapt, and create derivative works of such content; and (ii) use your name, image, voice, photograph, likeness, and any other personal attributes in the content; on the Platform and in our marketing in all media (such as our public website, our social channels, and any other advertising). This license is worldwide, royalty-free, and perpetual, which means we can use your content anywhere in the world without paying you fees for as long as we like. You agree that you have all third-party rights necessary to post the content on SONG.ONE ↗ and to grant us this license.
SONG.ONE ↗ reserves the right to pause any Campaign that does not meet or satisfy SONG.ONE ↗’s performance expectations or operational requirements or that is noncompliant with the Services or for any other reason. During the pause period, Customer and SONG.ONE ↗ will work together to address SONG.ONE ↗’s concerns. If during or following the pause period, SONG.ONE ↗ deems at its sole discretion that the Campaign will not meet minimum performance expectations or operational requirements, SONG.ONE ↗ reserves the right to cancel Customer’s Campaign. For Customers who pre-paid, SONG.ONE ↗ will credit Customer the unused portion of pre-payment (i.e. the total pre-payment less the cost of what has been delivered).
SONG.ONE ↗ expressly reserves the right to: (a) terminate the registration to use the Services, refuse any Component promotion request, cancel any Campaign, or change any Campaign that does not completely conform to every material detail, instruction, method, and guideline set forth in the registration form; (b) refuse any Component that does not arrive forty-eight (48) hours prior to the start date; (c) refuse or cancel the use of any Campaign that it deems in its reasonable and sole discretion inappropriate for any reason or no reason; (d) refuse at any time to publish, play, or transmit any copy, Component, or illustration of any kind for any reason, including those that it believes in its reasonable discretion are an invasion of privacy, are degrading, libelous, unlawful, profane, obscene, pornographic, tend to ridicule or embarrass, are in bad taste, or which in its reasonable discretion are an infringement on a trademark, trade name, or copyright belonging to others; (e) refuse any Component promotion request or cancel any Campaign that is or can be hosted by any directly or indirectly competitive services and/or technologies; (f) refuse or cancel any Campaign which redirects traffic to a website other than the site specifically identified in the registration form; and/or (g) refuse or cancel any Campaign which appears to ask consumers to take advantage of other or additional offers not specifically identified in the registration form. SONG.ONE ↗ shall have no liability to Customer for failure to place any Campaign on its Services or any third-party’s network.
For the avoidance of doubt, Campaigns may constitute a contest, sweepstakes, or competition held by the Customer and the terms hereunder shall apply with respect thereto. Proposed contest terms are available to access when creating a new Contest (the “Template Terms”). Subject to the Customer’s obligations in these TOU, SONG.ONE ↗ hereby grants the Customer a limited, non-exclusive, royalty-free, and revocable license to use the Template Terms and make derivative works thereof solely in connection with holding Campaigns during the Term hereof. Customer acknowledges that these Template Terms are by their nature jurisdictionally agnostic and cannot account for regulatory and legal requirements in specific jurisdictions, particularly as relating to gambling, gaming, and/or consumer protection regulation. These Template Terms are therefore meant only as an initial aid to formulate the contractual framework of contests, sweepstakes, or competitions and do not and are not intended to constitute legal advice. We recommend that you consult with a lawyer before making use of these Template Terms or any part thereof. Without derogating from any other provisions herein, it is clarified that SONG.ONE ↗ shall not have any liability whatsoever in respect of the Customer’s use of the Template Terms or any other custom terms prepared by the Customer to conduct any contest, sweepstakes, or competition (the “Custom Terms”) and Customer hereby assumes full responsibility in connection thereto. Without derogating from the above, Customers must incorporate the language of sections 5 and 7 of the Template Terms in any Custom Terms (including any variation of the Template Terms).
Customer’s Representations and Warranties:
Customer represents, warrants, and covenants that:
Customer will provide through the Services all Components required for marketing its Campaign and/or for the provision of the Services.
Customer is the owner or is licensed to use the entire contents and subject matter contained in its Component and collateral information;
Customer is solely responsible for the substantive content of each Component and to the extent that SONG.ONE ↗ provides assistance in the development of a Campaign and/or for the provision of the Services, such assistance shall be limited to Component assistance only. Customer represents and warrants that SONG.ONE ↗ is not a party to and has no liability for the content and claims in and to Customer’s Component.
Customer is not in violation of any obligation, contract, agreement, or laws by accepting this TOU, by performing its obligations hereunder, or by authorizing and permitting SONG.ONE ↗ to perform its services hereunder. Customer has the unrestricted power and authority to enter into and perform its obligations under the TOU;
the use, reproduction, distribution, transmission, or display of any Component and any materials to which users can link or any products or services made available to users through the Component does not and will not (i) violate any law, statute, ordinance, treaty, order, decree, regulation (including but not limited to false advertising or unfair competition under the law of any jurisdiction), give rise to criminal or civil liability, or infringe upon any copyright, patent, trademark, or service mark, trade secret rights, or any other personal, moral, contract, property, or privacy right of any third party (collectively “Unlawful Conduct”); (ii) contain or promote viruses, obscene, abusive, violent, bigoted, hate-oriented, cracking, hacking, pornography, gambling, or warez content (collectively “Offensive Conduct”); or (iii) encourage conduct that would constitute Unlawful Conduct or Offensive Conduct;
Data Processing Addendum
You further represent and warrant that (a) when we process Personal Data of your end users on your behalf for the purpose provision of the Services, you will at all times be considered the data Controller (as defined in the GDPR) and you are responsible for compliance with your obligations as data Controller under applicable law including the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”) and we shall act solely as a data Processor (as defined in the GDPR) on your behalf, all in accordance with the Data Processing Agreement (“DPA”); (b) you are responsible for compliance with your obligations as data Controller under applicable law, including any applicable data protection laws and the GDPR; (c) you have and shall maintain throughout the term of this TOU and the DPA all necessary rights and consents required under applicable law in order to provide Personal Data to SONG.ONE ↗ and allow it to provide its Services as a Processor; (d) you shall ensure that a record of such consents is maintained as required under applicable law; and (e) you shall not provide SONG.ONE ↗ with any Special Categories of Data (as defined in the GDPR) and/or any data or information subject to special regulatory or statutory protection regimes (including but not limited to data regarding children, financial, and health data).
The DPA is available here ↗.
Complying with Third Party Terms & Conditions and Privacy Policies
In using SONG.ONE ↗’s services in connection with third-party services and APIs such as YouTube, Spotify, Deezer, Tidal, Amazon, Apple, and others, Customer will comply with all third-party services’ Terms of Use and Privacy Policies in connection with using SONG.ONE ↗ including the below third-party Terms and Privacy Policies:
Amazon Service Terms of Use and Conditions of Use & Privacy Notice
Apple Terms & Policies
Audiomack Terms of Service & Privacy Policy
Deezer Terms of Service & Privacy Policy
Spotify Terms and Conditions of Use & Privacy Policy
Tidal Terms & Conditions & Privacy Policy
YouTube Terms of Service & Policies
Customer is also required to comply with any third-party Terms and Privacy Policies for services used in connection with SONG.ONE ↗ that are not expressly included in this SONG.ONE ↗’s Terms of Use.