Terms and Conditions
StartMySong.com User Agreement
This Startmysong.com User Agreement is entered into by and between Startmysong.com and you, the web site user, and applies to your use of the Internet Web site and resources located at http://www.Startmysong.com (the Web Site) which is owned, operated, licensed and controlled by Startmysong.com. This Agreement is Effective upon registration on the Web Site.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THIS WEB SITE.
The Big Three:
• You retain 100% ownership of your music when uploaded to Startmysong.com.
• Do NOT upload music that you do not have permission to distribute. (NO COVERS – this is a site for NEW songs)
• Do NOT upload the same song more than once.
1. Acceptance. By using the Web Site, you (You), agree to be bound by the obligations and limitations contained in this Agreement. Startmysong.com reserves the right, at its sole discretion, to change, modify, add, or remove portions of this agreement at any time and without notice. Please check this Agreement periodically for changes. Continued use of the Web Site following the posting of changes to this Agreement shall mean you have read and accept such changes.
2. License & Access. Startmysong.com grants You a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify it (excluding your personal information or song listing), or any portion of it, except with express written consent of Startmysong.com. This license does not include any resale or commercial use of this Web Site or its contents; any collection and use of any classified advertisement listings, descriptions, or prices; any derivative use of this Web Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of Startmysong.com or our affiliates without express written consent. You may not use any meta tags or any other hidden text utilizing Startmysong.com’s name or trademarks without the express written consent of Startmysong.com. Any unauthorized use terminates the permission or license granted by Startmysong.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the pages of Startmysong.com so long as the link does not portray Startmysong.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
a. Accounts. There are two types of accounts, Songwriter accounts and listener accounts. Songwriters may create accounts at Startmysong.com to display information about themselves and their music. Songwriters may also use the Facebook Connect system to auto-create portions of their account information. Listeners of music do not need an account to listen to songs. Listeners do need accounts to rank a song. Listeners can create a new account with Startmysong.com or use the Facebook Connect system to create an account.
b. No Agency. Startmysong.com acts as a venue for songwriters to post their new songs and does not screen or censor the listings. As a result, Startmysong.com has no control over user-submitted content, the quality, safety or legality of the songs posted, the truth or accuracy of the listings, and Startmysong.com makes no representations or warranties about any songs or content on Startmysong.com, or about eligibility, availability, timeliness or accuracy of content. Startmysong.com may take any action with respect to content that it deems necessary or appropriate in its sole discretion if it believes that such content could create liability for Startmysong.com, damage Startmysong.com’s brand or public image, or cause Startmysong.com to lose (in whole or in part) the services of its ISPs or other suppliers. While Startmysong.com reserves the right in its sole discretion to remove content, songs or other material from the Web Site, Startmysong.com does not assume any obligation to do so and disclaims any liability for failing to take any such action. In addition, note that there are risks, including but not limited to the risk of physical harm, to dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through Startmysong.com. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using Startmysong.com.
3. Performance Rights. By uploading your songs to Startmysong.com you agree that Startmysong.com will NOT pay performance rights organizations that you have registered with for plays of your song.
4. Independent Contractor Status.You acknowledge and agree that you shall be and act as an independent contractor and not an employee of Startmysong.com. Neither You nor Startmysong.com shall represent directly or indirectly that you are an agent, employee, or legal representative of Startmysong.com. You shall not have the authority to incur any liabilities or obligations of any kind in the name of or on behalf of Startmysong.com. Nothing in this Agreement shall be construed or considered to create a relationship of employer and employee, principal and agent, partner, joint venturer or any other relationship other than that of an independent contractor. You further acknowledge and agree:
a. You shall be treated as an independent contractor for all purposes, including, federal, state, and local tax purposes and for all other purposes. Accordingly, Startmysong.com shall not withhold or pay over on behalf of you, and you acknowledge that you shall be solely responsible for, any amounts relating to federal, state or local income taxes, unemployment compensation, workers compensation, social security or other taxes or assessments.
b. You hereby agree to indemnify and hold harmless Startmysong.com from any liability for any taxes, penalties or interest that may be assessed by any taxing authority with respect to compensation received by you from Startmysong.com.
5. Restrictions. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of any Startmysong.com Web Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Startmysong.com or its songwriters. No material from any Startmysong.com Web Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with express written consent of Startmysong.com. In addition, the following restrictions hall applies to your use of this Web Site:
a. transmit any content that is invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. use foul language or post links to adult-oriented Web sites;
c. transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unrequested solicitation;
d. post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links; or
e. Collect, store, use or disseminate personal data or information about other users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).
f. All Public Communications must be accurate and not misleading, and you may not use Startmysong.com in a fraudulent manner or to engage in any fraudulent activity or purpose or to impersonate any person or entity.
g. All Public Communications may not contain obscene or pornographic material including but not limited to sexual intercourse, including genital- genital, oral-genital, anal-genital, or oral-anal, whether between persons (or children) of the same or opposite sex, or bestiality, or masturbation, or sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person or child.
h. Public Communications that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) or that otherwise negatively affects other member’s ability to use Startmysong.com is strictly prohibited.
i. You may not post any Public Communications that impersonates any person or entity, including, but not limited to, a Startmysong.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
j. Public Communications posted on Startmysong.com may not include personal or identifying information about another person without that person’s explicit consent.
k. All Public Communications pertaining to real estate must comply with the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” Your state or local jurisdiction may impose additional requirements, and your Public Communications must comply with those requirements as well.
l. You may not post any song for publishing or licensing that is not in your possession or that you do not have the right to publish or license at the time the song is posted. You represent that any content you post on startmysong.com, is owned or otherwise licensed by you and does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you on startmysong.com.
m. You agree not offer, post, sell or lease any items that are designated in the Prohibited Items list, attached hereto as Attachment A, and made a part hereof by this reference.
n. All sales or offers to sell are subject to the Terms of Sale, attached hereto as Attachment B, and made a part hereof by this reference.
o. Additionally, you agree not to:
• contact anyone who has asked not to be contacted;
• “stalk” or otherwise harass anyone;
• collect personal data about other users for commercial or unlawful purposes;
• post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Startmysong.com’s infrastructure; or
• use any form of automated device or computer program that enables the submission of Public Communications on Startmysong.com without each posting being manually entered by the author thereof including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
6. Violations. In addition to any and all remedies at law or in equity, any intentional violation of the Agreement shall give Startmysong.com the right to immediately suspend or cancel Services or Accounts without further liability. Furthermore, you specifically agree that, due to the speculative nature of the harm of your violation of Section 4, any intentional violation shall result in your immediate liability for liquidated damages in the amount of Ten Thousand Dollars ($10,000.00).
7. Public Communication.. “Public Communications” shall mean any content posted to a classified advertisement, discussion group, chat area, bulletin board, or e-mail function utilized in connection with the Web Site. You shall not upload to, distribute through, or otherwise publish Public Communications content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. Public Communications shall be used only in a noncommercial manner, specifically excluding communications related to specific classified listings between prospective buyers and sellers. You shall not, without Startmysong.com’s express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other users of the Web Site for any commercial product or service or other organizations is expressly prohibited. This prohibition shall not apply to promotional or advertising content provided to merchants.
8. Privacy. It is the policy of Startmysong.com to respect the privacy of all Web Site users. Therefore, in addition to the privacy of registration data, Startmysong.com shall not monitor, edit, or disclose the contents of a guest’s e-mail unless required in the course of normal maintenance of the Web Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to:
(1) comply with the law or comply with legal process served on Startmysong.com;
(2) protect and defend the rights or property of Startmysong.com; or
(3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages. Startmysong.com’s Privacy Statement can be found here: http://www.startmysong.com/privacy
9. Indemnity. You shall indemnify and hold Startmysong.com harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys’ fees arising from or related in any way to:
a) Songs placed by You or subsequent transaction based upon or related in any way to such songs;
b) any claim which, if proved, would breach any representation made by You; and
c) any and all Third Party Claims arising out of any content submitted by You or transmitted through this Web Site by You.
10. Termination.This Agreement is effective as of the first date materials from the Web Site are accessed by you (the “Effective Date”) and shall continue in effect until terminated by either party or the termination or expiration of your status as a Student.
11. Jurisdiction. Unless otherwise specified, the materials in this Web Site are presented solely for the purpose of promoting information and other products available in the United States, its territories, possessions, and protectorates. The Web Site is controlled and operated by Startmysong.com from its offices within the State of Tennessee, United States of America. Startmysong.com makes no representation that materials in this Web Site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12. Disclaimer. THE MATERIALS IN THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STARTMYSONG.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STARTMYSONG.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR ANY OTHER STARTMYSONG.COM WEB SITE OR THE SERVER THAT MAKES THE STARTMYSONG.COM.COM WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STARTMYSONG.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL STARTMYSONG.COM BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF STARTMYSONG.COM OR A STARTMYSONG.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF STARTMYSONG.COM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO STARTMYSONG.COM, IF ANY, FOR ACCESSING THIS WEB SITE.
14. Links to Outside Web Sites and Services. To the extent that this Web Site contains links to outside services and resources, Startmysong.com does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
15. Copyrights and Copyright Agents. If you believe that your property has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Startmysong.com’s Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Company’s Agent for Notice of claims of copyright or other intellectual property infringement:
c/o David M. Adler, Esq. & Assoc. PC
161 N. Clark Street, Suite 2550
Chicago, IL 60601
By phone: (866) 734-2568
By email: copyright at ecommerceattorney.com
16. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. You agree that any action at law or in equity arising out of or relating to this Agreement shall be litigated only in the state or federal courts located in the State of Tennessee and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
• Startmysong.com accepts credit cards (Visa, MasterCard, American Express, and Discover).
• Your account shall be billed at the time of purchase.
• Startmysong.com does not accept credit cards from banks outside the continental US.
• Your credit/debit card may have daily spending limits that may prevent Startmysong.com from processing your order.
• If a purchase has been declined online due to credit card issues, or issues with a PayPal account, please ensure all data is correct and resubmit. If problem persist try another card.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WITHOUT LIMITING ANY OTHER DISCLAIMER CONTAINED ON STARTMYSONG.COM, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH STARTMYSONG.COM ARE PROVIDED BY STARTMYSONG.COM OR ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. STARTMYSONG.COM AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.