BY CLICKING ON THE "I ACCEPT" BUTTON BELOW OR BY SIGNING THIS AGREEMENT YOU (I) ACCEPT THIS AGREEMENT EITHER FOR YOURSELF OR ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, (II) AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND (III) HAVE ENTERED INTO A BINDING AGREEMENT BETWEEN YOU AND SONGDISH LLC. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THESE TERMS AND CONDITIONS.
"Account" means the information supplied by You when you registered for a membership Plan. An Account may have one Profile.
"Anniversary Day" means the day of the month that you activate your Account.
"Billed" or "Billing" shall indicate either a charge or debit, as applicable, against Your Payment Method, including a checking account, where applicable.
"You" or "Your" means, a Subscriber,; " or, if you are entering into this Agreement on behalf of your employer or another entity, then "You" means that employer or entity and affiliates.
"Content" means music, songs, lyrics, documents, images, pictures, closed-captioning and personally identifiable information (such as personalities), either in native or metadata format.
"Payment Method" means credit card, debit card or banking account as applicable.
"Plan" refers to the membership plan that You request services for.
"Profile" means a the information that You choose to display, and others to view, as determined by the settings You select and information provided to us. If You do not select settings, Your settings will be automatically pre-set in SONGdish sole and absolute discretion.
How Our Service Works
Songdish is an online subscription file sharing and social media service serving the music industry. Songdish provides its members with the ability to store, organize and share lyrics, melodies and other file and audio music ("songs"). We offer a variety of membership plans at varying price levels. These include special promotional plans or memberships with limitations on the number of songs that You can store in the Songdish system at any given time, the cumulative times you can listen to songs and the number of times that You can use the Songdish service to email links to Your songs ("song sends"). Under Songdish plans members meet other members, organize and share songs, establish song play and download parameters, and create profiles to showcase their talents.
System Requirements and Device Limitations
You must have Internet access to become a member and use Songdish. To enjoy listening via Your personal computer, Your equipment must satisfy certain system requirements. Click here to view the Songdish system requirements.
You must be 18 years of age or older to become a member of the Songdish service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. To become a SONGdish member You must provide, at a minimum, a name, e-mail address, password, and a postal code. If you select a plan with a monthly membership fee, you will be required to provide additional information.
Songdish offers plans that each have a specific plan rates and services. If you select a Plan with a monthly membership fee, you must also provide a valid Payment Method". Upon registering, Your Payment Method will be charged for one month of service. Songdish will continue billing Your Payment Method for monthly membership fees corresponding to Your membership plan plus any applicable tax each month unless You cancel prior to the end of the month. For more information see "Billing" below.
YOUR ACCOUNT IS PERSONAL TO YOU AND IT IS YOUR RESPONSIBILITY TO MAINTAIN THE SECRECY OF YOUR ACCOUNT DETAILS. FOR YOUR SECURITY AND ACCURACY OF YOUR ACCOUNT, SONGDISH RECOMMENDS THAT YOU DO NOT SHARE THE LOG IN DETAILS OF YOUR ACCOUNT(S) WITH ANY THIRD PARTY.
Once you have applied for an account and it has been accepted by Songdish, you may view the specific details of Your Account, Your membership Plan, including price and Anniversary Day of Your membership, by clicking "Account Summary" after You have logged in to Songdish. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to Your billing cycle (See "Billing" below).
From time to time, we may offer any number of membership plans, including special promotional plans or memberships with limitations on songs, song plays and song sends. Some of these promotional memberships may be offered by third parties in conjunction with the provision of their own products and services. Songdish is not responsible for the products and services provided by such third parties.
Participation and subscription is subject to Songdish's prior approval and Your continued compliance with the terms of this Agreement. We reserve the right to refuse participation to any applicant or participant at any time in our sole and absolute discretion, and to withdraw content, suspend, restrict and/or terminate the services provided under this Agreement, immediately without notice to You and without liability to Songdish, for any reason, including repeat violations of our copyright policy or other policies. You must register and create an account in order to use the Songdish services. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by Songdish (including by electronic mail). You are solely responsible for keeping your email address and other contact information updated.
Your Conduct on the Songdish Website
By accessing the Songdish website, You agree to use the Songdish service, including all features and functionalities associated therewith, the Web site and its content in accordance with all applicable laws, rules and regulations. In addition, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Songdish website. You also agree not to interfere with the servers or networks connected to the Songdish website or to violate any of the procedures, policies or regulations of networks connected to the Songdish website. You also agree not to impersonate any other person while using the Songdish website, conduct Yourself in a vulgar or offensive manner while using our service, or use the Songdish website for any unlawful purpose.
You shall not, and shall not authorize or encourage any third party to directly or indirectly obtain access to Your Content through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software or credit cards.
Songdish reserves the right to investigate, at its own discretion, any activity that may violate this Agreement.
WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY OR NO REASON.
Limitations on Use
Songdish does not promote, foster or condone any infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Songdish without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the Songdish name or trademarks without our express written consent. Any unauthorized use of the Songdish website or its contents will terminate the limited license granted by us.
By starting Your Songdish membership, You are expressly agreeing that we are authorized to charge You a monthly membership fee, any applicable tax and any other charges You may incur in connection with Your use of the Songdish service to the Payment Method You provided during registration (or to a different Payment Method if You change Your account information).
YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR PAYMENT METHOD WILL BE CHARGED.
The membership fee will be billed at the beginning of Your membership and Songdish automatically bill Your Payment Method each month on the calendar day corresponding to Your Anniversary Day. In the event Your membership began on a day not contained in a given month, we bill Your Payment Method on the last day of such month. For example, if You became a paying member on January 31st, Your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in Your membership plan and changes in the amount of applicable sales tax, and You authorize us to charge Your Payment Method for such varying amounts.
If You want to use a different Payment Method or if there is a change in Your credit card validity or expiration date, You may edit Your Payment Method information by clicking on the "Account Summary" link, available at the bottom of the pages of the Songdish Web site. If Your Payment Method reaches its expiration date, Your continued use of the service constitutes Your authorization for us to continue billing that Payment Method and You remain responsible for any uncollected amounts.
We may also periodically authorize Your Payment Method in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount or other consideration ("Credits") to some or all of our members. The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle You to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give You advance notice of these changes by email.
WE WILL CONTINUE TO BILL YOUR PAYMENT METHOD ON A MONTHLY BASIS FOR YOUR MEMBERSHIP PLAN UNTIL YOU CANCEL. YOU MAY CANCEL YOUR MEMBERSHIP AT ANYTIME BUT YOU MUST CANCEL PRIOR TO THE YOUR ANNIVERSARY DAY TO AVOID CHARGES TO YOUR PAYMENT METHOD. ONCE SIGNED IN TO SONGDISH, CLICK THE "YOUR SUBSCRIPTION" LINK AT THE BOTTOM OF ANY SONGDISH WEB PAGE FOR CANCELLATION INSTRUCTIONS.
You may cancel Your membership to Songdish at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, click the words "Cancel Subscription" on the "Manage Subscription" page and follow the instructions for cancellation under the heading "Cancel Subscription." Upon cancellation, all content that You uploaded to Songdish including songs, documents, Inbox electronic messages, profile information and settings, and other files and content will be deleted 90 days after cancellation. If You reactive Your account within 90 days, You will be able to retrieve such files and content. Failure to reactive Your account within 90 days of cancelation will result in the complete loss of all uploaded files and content.
Account Access; Identity Protection
In order to provide You with ease of access to Your account, Songdish will place a cookie (a small text file) on any computer from which You access the Songdish website. When You revisit the Songdish web site, this cookie will enable us to recognize You as the account holder and provide You with direct access to Your account without requiring You to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information You provide to us relating to Your account.
You are also responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer or mobile device. If You disclose Your password to anyone or share Your account with other people, You take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Songdish website.
If You find that You're a victim of identity theft and it involves a Songdish account, You should notify customer service. Then, You should report this instance to all Your card issuers, as well as Your local law enforcement agency. Songdish reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Songdish is not obligated to credit or discount a membership for holds placed on the account by either a representative of Songdish or by the automated processes of Songdish.
Privacy and Personal Information
In addition, You agree that Songdish may transfer and disclose this information, including personally identifiable information, to third parties for the purpose of approving and enabling your participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws than Your own. Songdish may provide any of the above information in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Songdish disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party.
Features & Functionality
Song and Website Content
We distribute songs, documents and other music related files and we reserve the right to display and promote the Content and information on our website to You in any manner we choose in our sole and absolute discretion. In addition, the Songdish website allows You and other third parties to post reviews or comments concerning the songs distributed by our members. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Songdish website are those of the respective authors or producers and not of Song Dish, LLC, or its shareholders, directors, officers, or employees. Under no circumstances shall Song Dish, LLC, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by Your reliance on information obtained through the Songdish website. It is Your responsibility to evaluate the information, opinion, advice, or other content available through the Songdish website
Music and Files
Songdish allows You to manage Your Music within Your Songdish account. This includes the ability to upload and delete songs, files and lyrics, designate song attributes and set song preferences, song plays and other settings. In addition, Songdish Subscribers may send Song hyperlinks to other subscribers and non-subscribers Please see Uploading section below for related terms and conditions to uploading Music and Files.
The number of cumulative times that You can play or download songs will depend on Your plan. All song plays count equally against Your total song play allotment for the given period. A Song play counts against your total when "Play" is pressed and continues for five (5) seconds or more. If the player is stopped before the five seconds is up, the play is not counted toward your monthly plays.
You are solely responsible for who has access to Your songs. To manage Your song preferences including who can listen or download Your songs click "My Songs" within the "Music" section of the Songdish service. To view the details of Your specific membership plan, click the "Account Summary" link at the bottom of the page.
Your availability to listen to other Songdish member songs is determined by a number of factors. Some factors include the "Music Settings" established by the song’s uploader. For plans with limited song plays and song sends, any unused song plays or song sends will not roll-over to Your next period or otherwise accumulate. Any repeated plays of a song, in whole or in part, will count towards Your total song plays.
Song send and song play totals, used to calculate their respective limits based on Songdish Plan type, are generated monthly starting on Your Anniversary Day and ending on the last day of the Billing month.
Song send play reports use initial recipient for all calculations and reporting. If an initial song send recipient forwards the Songdish email containing the link to the song(s), all song plays generated by secondary recipients will be attributed in Songdish reports to the initial recipient. Each song sent will have (3)three plays available to the recipient. Songdish is not responsible for restricting or monitoring the forwarding of song send emails. Reports. All time stamps shown within reports will occur on UTC time, not local time.
Start Time: The time it takes to begin playing a song will vary based on a number of factors, including Your available bandwidth at the time, the song You have selected/uploaded and Your computer or device system configuration. In addition, You must be connected to the Internet throughout the listening experience unless You have downloaded the song.
The Songdish Inbox allows members to send electronic member-to-member messages which are contained within the Songdish system. Songdish members are prohibited from uploading, posting, emailing, transmitting or otherwise making available or initiating any content that includes any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "pyramid schemes", or any other form of solicitation.
The Songdish Search feature, located in top right corner of the Songdish system, provides You with a number of ways to connect with others. We are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time.
Anyone who creates a Songdish Profile must select a screen name ("nickname"). You can update Your photo/image avatar at any time, as often as desired, to identify Yourself in connection with Your account profile. There are different elements to the Songdish Profile, each with its own degree of associated information sharing and features. These elements may change without notice to You and the degrees of associated information sharing and functionality may also change without notice.
BY CREATING AND POPULATING YOUR PROFILE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE SONGDISH COMMUNITY, SONGDISH MEMBERS AND OTHER VISITORS TO THE SONGDISH WEBSITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION TO BE SHARED IN A PUBLIC FORUM, DO NOT PUBLISH SUCH INFORMATION TO YOUR PROFILE.
In addition, photos or images that You choose to post must be owned entirely by You and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You understand and agree that we may, but are not obligated to, review this content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.
The Songdish "My Contacts" feature allows You to connect with other Songdish members ("contacts"). To populate Your "My Contacts" list, find other Songdish members using the "Search" tool and invite them to connect with You. Songdish members must accept Your invitation before they will become Your contact.
Each person on Your contacts list will be able to view all of the information that You have posted on Your Profile. You can establish song preferences specific to contacts through the "Music Settings" section within "Music".
The Songdish system allows members to create pseudo profiles on behalf of other people and entities ("personalities"). The profile personalities can be viewed via a link within a song send that used a personality. Personalities are intended to be used by Songdish members who have a working, business relationship with the person or entity being portrayed via the personality. Personalities are not intended to be used to falsely represent, without consent, a given person or entity’s identity. To guard against this inappropriate practice, song sends that include a personality, will also include the username of the actual Songdish member sending the song(s).
By uploading Content into your Songdish profile page, You are requesting Songdish to provide hosting services at Your direction and make Your Content available to other subscribers; such request is subject to the terms of this Agreement. Songdish shall have no obligation whatsoever to return any materials delivered to it for uploading under this Agreement.
Upload Time: The time it takes to upload a song will vary based on a number of factors, including Your available bandwidth at the time, the song(s) You have selected to upload, the number of songs that You are uploading, and Your computer or device system configuration. In addition, You must be connected to the Internet throughout the entire upload process.
NOTICE: When a song is deleted from the Songdish system, it cannot be retrieved. The Songdish website is designed to be a secondary storage location for songs and files. It is strongly recommended that Songdish Subscribers keep primary copies of all uploaded files outside of the Songdish system. As a secondary storage medium, Songdish assumes no responsibility for lost, damaged or deleted files from the Songdish system.
You may designate Content for hosting, publication, performance and display to subscribers:
- by uploading such content directly to Songdish, in a format designated by Songdish, or to such other address as designated by Songdish, and/or by otherwise making such content available to Us; and
- by providing additional information about Your content in the form provided online when You upload Your content.
For song audio files, Songdish allows for the upload of only MP3 file types. No single song audio file larger than 15MB can be uploaded into the Songdish system. The quality of song audio may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of Your internet connection. Songdish makes no representations about the quality of the listener’s experience.
For document files, Songdish allows for the upload of only .DOC, .PDF, .JPG and .GIF files types. No single document file larger than 1MG can be uploaded into the Songdish system.
By uploading, sending or otherwise making available Your Content to Songdish, you are directing, authorizing and granting to Songdish a royalty-free, non-exclusive, world-wide right and license to:
- host, cache, index, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms based on the Content, in any manner Songdish deems fit;
- display, perform and distribute the Content, in whole or in part, in connection with Songdish products and services now existing or hereafter developed, including without limitation for syndication on third party sites;
- display advertisements in connection with any display of Your Content;
- display Your Content via streaming and/or downloading technologies; and
- display limited excerpts of Your Content for no fee to subscribers or others.
Notwithstanding the foregoing, Songdish is not required to perform any, all, or any part of the above. .
Promotional License, Brand Features, Publicity.
You hereby grant Songdish a non-exclusive, world-wide, royalty-free license to use Your name, Tradenames, Trademarks and logos ("Brand Features"), in connection with Your Content, and to use limited excerpts from Your Content for advertising or promotional purposes, including without limitation the right to publicly display, perform, reproduce and distribute such excerpts and Brand Features on the Internet and in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. If this Agreement is terminated, Songdish may continue to use such excerpts and Brand Features in printed (versus "online") materials that are in existence as of the date of termination until such materials are depleted or are redesigned, whichever comes first.
Promotional Use, No Licenses or Royalties Paid.
Your Content may be publicly viewed, downloaded, displayed, performed, or otherwise, and is considered a promotional use for purposes of calculating licenses or royalties. By uploading Your Content to the Songdish Website, you agree that no fees of any kind will be paid to You or on Your behalf, including without limitation, mechanical licenses, performing rights fees or any other royalties. In the event that You have uploaded Content that is subject to licenses and/or royalties, You hereby authorize Songdish to charge your Payment Method to cover such licenses and/or royalties.
Representations and Warranties
You must have the right to Upload and grant the licenses herein to all of the images, music and data of any sort in Your Content. By entering into this Agreement and uploading or otherwise providing Your Content to Songdish, You represent and warrant to Songdish the following:
- You are at least 18 years of age;
- all of the information provided by You to Songdish to register is correct and current (including without limitation information You provide in the Metadata Form);
- the Content is not, in whole or in part, pornographic or obscene;
- You hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in and to Your Content and Your Brand Features to enter into this Agreement and to grant the rights granted herein;
- You have the legal right and authority to enter into this Agreement, to perform the acts required of You under the Agreement, and to grant the rights and licenses described in this Agreement.
You further represent and warrant that (i) the Content and the rights and licenses granted to Songdish under this Agreement and Songdish's authorized use of Your Content (including the public display, public performance, distribution and reproduction of Your Content): (i) do not and will not violate any applicable law, statute, ordinance or regulation and (ii) do not breach and will not breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories and (ii) that the web site (including products and services therein) You designate in the Metadata Form to which Songdish may display a link in connection with the display of the Content does not and will not violate or encourage violation of any applicable law, statute, ordinance or regulation.
Use of Information Submitted
Song Dish, LLC, is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication You may send to Songdish ("Feedback"), including responses to questionnaires or through postings to the Songdish website, without further compensation, acknowledgement or payment to You for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Songdish website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, You grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Songdish does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Songdish. Should You send any unsolicited materials or ideas, You do so with the understanding no additional consideration of any sort will be provided to You, and You are waiving any claim against Songdish and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea You sent.
Links and Pages
Songdish may in its sole discretion display a link or links to the website You designate (subject to Songdish's approval) in the Metadata Form in connection with any display of Your Content, and to display links to third party commercial retailer web sites where purchases of the Content may be available, to the extent such third party commercial retailer web site serves as a distributor of the Content. You expressly agree that any and all links provided by You shall function properly and effectively to allow subscribers to transfer immediately to the intended and indicated site(s), and that You are solely responsible for maintaining and updating as necessary any such links. Failure to do so may result in immediate termination without notice to You.
From time to time, we test various aspects of our service, including service levels, plans, promotions, features, and pricing, and we reserve the right to include You in or exclude You from these tests without notice.
By using the Songdish service, You consent to receiving electronic communications from Songdish. These communications will include notices about Your account (e.g., receiving e-mails and other transactional information) and information concerning or related to our service. These communications are part of Your relationship with Songdish and You receive them as part of the Songdish membership. You agree that any notice, agreements, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
If You need assistance with Your account, You may contact Customer Support at anytime via email at email@example.com.
Claims of Copyright Infringement
It is the policy of Songdish to respect the intellectual property rights of others. Songdish does not promote, foster or condone any sort of infringing activity. If You believe Your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Songdish website, or know of someone who is making unauthorized use of the content of the Songdish website, please notify us at the address specified below of Your concern by submitting a signed written notice and containing the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material on the Songdish website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as Your address, telephone number, and, if available, Your e-mail 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 the law;
- A statement that the above information is accurate, and under penalty of perjury, that You are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Our email address is info@Songdish.com. Please note, however, that in order for Your notice to us to be effective under the Digital Millennium Copyright Act, Your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address.
Counter-Notification: If You are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our website or disabled after we received a copyright infringement notice, and You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, You may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that Your counter-notification include all of the following:
- Your physical signature;
- identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
- A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located and that You will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once we have received Your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain You from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Songdish shall have the right to terminate the account of any member who posts infringing material.
P.O. Box 243
Forest City, IA 50436
The Songdish logo and Songdish.com are trademarks or service marks of Song Dish, LLC. The Songdish website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Song Dish, LLC. The trademarks, service marks and trade dress of Songdish may not be used or reproduced without prior written approval from Song Dish, LLC. and may not be used in connection with any product or service that is not affiliated with Songdish, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Songdish, or in any manner that disparages or discredits Songdish. Other trademarks that appear on the Songdish website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Songdish. Any images of persons or personalities contained on the Songdish website are not an indication or endorsement of Songdish or any particular product or our service unless otherwise indicated.
Disclaimers of Warranties and Limitations on Liability
THE SONGDISH SERVICE, INCLUDING ALL FEATURES, AND FUNCTIONALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SONGDISH SERVICE, THE WEBSITE AND ITS CONTENTS. SONGDISH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SONGDISH SERVICE, INCLUDING SONG PLAYING, UPLOADING AND DOWNLOADING, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT SONGDISH MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SONGDISH SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. SONGDISH SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AS DEFINED IN THE APPLICATIONS SECTION ABOVE. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content contained within song audio or document files from the Songdish service or the profiles contained within; (ii) errors or omissions in the content contained within the Songdish service or on the Songdish website; (iii) recommendations or advice of Customer Service; (iv) any failures, mis-shipments, delays, or interruptions in the members ability to play, upload, or download songs; (v) any failure or interruption in the availability of the Songdish service and/or website; (vi) delivery and or display of any content contained on the Songdish website or through the Songdish service; and (vii) any losses or damages arising from the use of the content provided on the Songdish website or the Songdish service itself, including any losses or damages arising from downloading and/or use of any software, including the remote desktop tool offered by Customer Service or any conduct by users of the Songdish service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained with member songs, documents or other related files or the content, identities and descriptions contained on our website. We do not represent or guarantee that Your use of the Songdish service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Songdish or its affiliated parties.
In no event shall Song Dish, LLC, its shareholders, directors, officers, or employees be liable (jointly or severally) to You for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Songdish website, its contents or the Songdish service, including any songs, documents or functionalities associated therewith. In no event shall our total liability to You for all damages for losses arising from the use or inability to use our website, its contents or the Songdish service, including any songs, documents or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on Your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Your Obligation to Indemnify
You agree to indemnify, defend and hold Songdish and its respective directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss and expense (including reasonable legal fees, damage awards, and settlement amounts) brought against any Indemnified Person(s) arising out of, or related to or which may arise from Your Content, Your Brand Features, Songdish's authorized use of any of the foregoing, and/or Your breach of this Agreement. The Indemnified Persons may in their sole discretion control the defense, at Your expense, of any claim indemnified herein. In the event that the Indemnified Parties determine not to control the defense of any claim hereunder, any Indemnified Person may join in defense with counsel of its choice at its own expense. You will not settle or resolve any such claim in a manner that imposes any liability or obligation on Songdish or affects Songdish's rights in connection therewith without the advance written approval of Songdish, which will not be unreasonably withheld or delayed
Right to Terminate
We reserve the right to terminate or restrict Your use of our service, without notice, for any or no reason whatsoever.
Unless contrary to any provision within this Agreement, any and all notices or other communications or deliveries required or permitted to be made under this Agreement shall be sent (a) if to You at the electronic mail address You provide in registering Your Membership and (b) if to Songdish to such address as provided at http://www.songdish.com/Contact.aspx or as otherwise provided in writing for such notice purposes. A second copy of every notice to Songdish shall be sent to the same address, "Attn: Legal Dept." Notice shall be deemed received (i) upon receipt when delivered personally, (ii) upon written verification of receipt from overnight courier, (iii) upon verification of receipt of registered or certified mail (iv) upon verification of receipt via facsimile, provided that such notice is also sent simultaneously via first class mail, or (v) by electronic mail when sent by Songdish only. Contact information shall be updated as necessary to ensure that each party has current information regarding all such contacts.
You may not resell, assign or transfer any of Your rights hereunder. Any such attempt shall be null and void. The relationship between Songdish and You is not one of a legal partnership relationship, but is one of independent contractors. The words "You" or "Your" shall also mean heirs, executors, administrators, successors, legal representatives and permitted assigns. This Agreement does not affect any right that either party would have had, or shall have, independent of the Agreement including rights relating to Authorized Content under applicable law, including but not limited to copyright law. Neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet or other network disturbances. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.
Except as to any prior version of this Agreement between you and Songdish that sets forth the license to and use by Songdish, (i) nothing in this Agreement is intended to be, or will be construed as, altering, revising, modifying or otherwise amending any other agreement; and (ii) in the event of a conflict between this Agreement and any other agreement that You enter into with Songdish the terms of that other agreement shall govern. Except as otherwise set forth herein, this Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. This Agreement shall be construed as if jointly drafted by the parties.
You must accept or reject the new terms and conditions within five (5) days from the date the notice was sent to You, by logging into the Program or as otherwise designated in writing by Songdish, and accepting or rejecting the new terms. If You do not accept or reject the new terms within the five (5) day period, You will be deemed to have accepted and be bound by the new terms. If You do not wish to be bound by the new terms, you must terminate this Agreement but You will no longer be able to participate in the Program.