Thanks for choosing Songfy (“Songfy”, “we”, “us”, “our”). By using the Songfy service, webApps, or software applications (together, the “Songfy Service” or “Service”), including by purchasing or receiving Codes or Limited Offers, you are entering into a binding contract with our local company in your country of residence (your “Local Country”) if applicable or the company listed in this chart. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy (together with the Mobile Terms where applicable, the “Agreements”). If you don’t agree with these Terms, then please don’t use the Service.
We’re pleased to make our Service available to you. The Songfy Service includes social and interactive features.
In order to use the Songfy Service, you need to (a) be 16 or older, or be 13 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and (c) be resident in the Local Country. You also warrant that any registration information that you submit to Songfy is true, accurate and complete, and you agree to keep it that way at all times.
Here’s some information about all the ways you can enjoy Songfy.
Songfy account holders may access the Songfy Service by any of our several Subscriptions:
The Premium Service permits you to store cached content on up to three (3) personal computers, mobile handsets and/or other relevant devices (collectively “Devices”) while your Premium Service subscription is active. You may not transfer copies of cached content to any other device via any means. By using the Mobile Service, you agree to accept the Mobile Terms and to register for the Service as a mobile subscriber. The Premium Service and the Unlimited Service are hereinafter referred to as “Paid Subscriptions”.
If you have purchased a code sold by or on behalf of Songfy for access to the Unlimited Service or Premium Service for the time period indicated on your email, card or paper receipt (“Code”), or if you are accessing the service through some other limited offer which you received or purchased from Songfy (“Limited Offer”), these Agreements apply to your access to the Service. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer.
Subject to any rights you may have under Section 12, Codes are only redeemable in the country where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.
From time to time, we may offer trials of the Premium Service and/or Mobile Service for a specified period without payment (a “Trial”). Songfy reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your Songfy account’s settings before the end of the Trial.
The Songfy Service and the content provided through it are the property of Songfy or Songfy's licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Songfy Service and to receive the media content made available through the Songfy Service in your Local Country, based on the Subscription or Trial you have selected (the “Licence”). This Licence shall remain in effect for a period of 20 years unless terminated by you or Songfy.
The Songfy software applications are licensed, not sold, to you, and Songfy retains ownership of all copies of the Songfy software applications even after installation on your Devices. Songfy may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.
All Songfy trademarks, service marks, trade names, logos, domain names, and any other features of the Songfy brand are the sole property of Songfy. This Licence does not grant you any rights to use the Songfy trademarks, service marks, trade names, logos, domain names, or any other features of the Songfy brand, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines and not to use the Songfy Service (including but not limited to its content) in any manner not expressly permitted by the Terms.
Third party software libraries included in the Songfy Service are licensed to you either under these Terms, or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and on our webApp.
Songfy users may post, upload and/or contribute (“post”) content to the Service, including pictures, text and playlist compilations (“User Content”). You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Songfy. This license lasts until you terminate your Songfy account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Songfy Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the Songfy Service and your right to object to derogatory treatment of such User Content.
Songfy does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Songfy’s sole discretion, violates these Agreements. Songfy may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
Songfy is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, please click here, or if you believe that any User Content does not comply with the User Guidelines (Section 8 below) or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at musiSongfyora@gmail.com
We’ve established a few ground rules for you to follow when using the Service, to make sure Songfy stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
Songfy respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the Songfy Services or content delivered to you via the Songfy Services, or otherwise any making use of the Songfy Service which is not expressly permitted under these Terms; (b) using the Songfy service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Songfy Services or any part thereof; (d) circumventing any technology used by Songfy, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by Songfy; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Songfy Service; (i) providing your password to any other person or using any other person’s user name and password.
Please respect Songfy and other users of the Songfy Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of Songfy or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Songfy inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Songfy Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Songfy’s computer systems or network, or breaches any of Songfy’s security or authentication measures, or (l) conflicts with the Agreement, as determined by Songfy. You agree that Songfy may also reclaim your username for any reason.
Please be thoughtful about what you make public on Songfy. The Songfy Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on Songfy or across the web, so please use Songfy carefully and manage your account settings regularly. Songfy has no responsibility for your choices to make any actions or material public on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
Songfy will make reasonable efforts to keep the Songfy Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Songfy reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Songfy Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Songfy Service or any function or feature thereof. You understand and agree that Songfy has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
These Terms will continue to apply to you until terminated by either you or Songfy. Songfy may terminate the Terms or suspend your access to the Songfy Service at any time, including in the event of your actual or suspected unauthorised use of the Songfy Service or non-compliance with the Terms. If you or Songfy terminate the Terms, or if Songfy suspends your access to the Songfy Service, you agree that Songfy shall have no liability or responsibility to you and Songfy will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Songfy account, please contact us through the Customer Service contact form.
We endeavor to provide the best service we can, but you understand and agree that THE Songfy SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE Songfy SERVICE AT YOUR OWN RISK. Songfy DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Songfy does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the Songfy Service or any hyperlinked webApp, or featured in any banner or other advertising. You understand and agree that Songfy is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the Songfy Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Songfy shall create any warranty on behalf of Songfy in this regard. Some aspects of this section may not apply in some jurisdictions.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Songfy Service, the Third Party Applications or the Third Party Application content is to uninstall any Songfy software and to stop using the Songfy Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Songfy, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE Songfy SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Songfy HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Songfy SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO Songfy DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in these Agreements removes or limits Songfy’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
These Agreements constitute all the terms and conditions agreed upon between you and Songfy and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to Songfy are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by Songfy that are not contained in the Agreements.
Please note, however, that other aspects of your use of the Songfy Service may be governed by additional agreements. That could include, for example, access to the Songfy Community for customer support, access to the Songfy Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances, which are listed in full . Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms
Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.