Terms of Service Songbeat Player
1. PAYMENT & SERVICES.Following the expiration of a trial period that may be provided to you in the sole discretion of Songbeat, you agree to pay Songbeat the annual service charges for your use of the Services using a valid credit card, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize SB to automatically bill the charge card you provide each year, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you cancel the Services. Payments are billed in advance at the beginning of the applicable month. All payments are completely non-refundable. You may cancel the Services at any time, but SB will not refund any remaining portion of your subscription fees, including any minimum commitments, already billed to your account. You agree to provide SB with a valid credit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services.
SB will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that SB may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel the Services, or the Services are terminated. You agree to notify SB about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to SB's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
During your subscription period, you will be entitled to receive: (1) any generally available SB upgrades released during your subscription period. You understand that all information, audio, video, musical compositions, multimedia presentations, images, artwork, data, text, software, sound, photographs, graphics, messages or other materials (collectively, "Content") provided in conjunction with the Services are the sole responsibility of the entity from which such Content originated and not SB. You understand that by using the Service and accessing the Content, you may be exposed to Content that you may find objectionable; it is your responsibility to determine which Content meets your standards. UNDER NO CIRCUMSTANCES WILL SB BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION PERIOD, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, QUALITY OF THE CONTENT, AVAILABILITY OF THE CONTENT, THE SUBJECT MATTER OF THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT PROVIDED AS PART OF THE SERVICE.
2. YOUR RIGHT TO CANCEL SONGBEAT SERVICES
You may cancel the Songbeat Services at any time. You will not receive any refund or partial refund for any charges already billed to your account. In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with SB. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or SB's enforcement or application of this Agreement; (2) any policy or practice of SB, including any SB Privacy Policy, or SB's enforcement or application of these policies; (3) the Content available through SB or the Internet or any change in Content provided through SB; (4) your ability to access and/or use the Content; (5) any Songbeat Software or Content provided by or through Songbeat; or (6) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.
SB may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event SB modifies the Agreement or the Services, you may terminate the Services. SB may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at SB's sole discretion. SB may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from SB to effect such termination. Upon any termination of this Agreement (whether by you or SB), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. 4. SERVICE USE RESTRICTIONS.
a) You agree that you shall only use the Services and Content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content and Services; (ii) modify, translate, distribute or create derivative works of the Content or the Services; (iii) copy or redistribute the Content; (iv) rent, lease, transfer, or otherwise transfer rights to the Content or the Services; (v) remove any proprietary notices or labels on the Content or Service; and (vi) add to, alter, delete from, or otherwise modify the Content.5. PERSONAL INFORMATION AND PRIVACY
Personal information you provide to Songbeat is governed by Songbeat Privacy Policy at http://www.getsongbeat.com/privacy/. Your election to use the free or paid Software and Services, indicates your acceptance of the terms of the Songbeat Privacy Policy, so please review it carefully if you have any questions about Songbeat treatment of personal information you provide to us. If you have questions about our Privacy Policy, please e-mail us at privacy@getsongbeat.com. You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify Songbeat immediately of any unauthorized account use. Songbeat is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password. 6. E-MAIL NOTIFICATION.
To let you know what new Content and Services are available from time to time, SB will send you e-mail describing the latest Content and how to get access to the Content. You agree that as a Service subscriber, SB may send you such e-mail to the address you provide. Because this e-mail is necessary for you to receive the Services, you will receive this e-mail even if you have opted out of receiving other e-mail from SB. If you do not want to receive this e-mail, you may cancel the Service at any time as provided in this Agreement, or opt out of the Songbeat Service e-mail as provided in each e-mail.
