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FAQ & TERMS OF SERVICE
FAQ
1. Do I get to select the genre of music?
Upon selecting your service option, there are multiple genres to choose from. During your first consultation, we will confirm your genre selection. Once production is started, genre may not be changed due to all songs being 100% unique creations.
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2. How long is the consultation?
There is one 30 minute consultation upon receiving your order where you will have the opportunity to confirm song genre, provide key story details, key words, and make any specific requests. You can alternatively write a detailed email to us with your wants should you choose to opt out the consultation.
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3. How many revisions to the song will there be?
There are 2 revisions for the writing of the song and production, after which we will deliver a final mix down.
With rush service there is only 1 revision, given the turn around time.
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4. Do you offer refunds if I'm not happy with the final song?
Upon the completion of consultation we will get right to work on writing your song. For this reason your purchase is non-refundable, and why there are 2 revisions included to ensure you are happy.
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5. How long does it take?
Upon completion of the consultation, turn around time is estimated 3 weeks. You have 2 days between each revision to provide feedback. For rush service, the total time is 7 business days.
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6. Who will sing my song?
Che'Nelle will write and sing the song. Should you desire a male vocalist, write a request to us.
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7. Can you turn my lyrics into a song?
We will consider your lyrics as apart of the inspiration, but due to the nature of the creative process, sometimes using the exact lyrics is not possible, so this is not something we can promise.
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8. Can I add or change details after my order is made?
After the completion of your consultation, no new additions or changes of details can be made as it may significantly alter the creative process. You may opt to upgrade your service to a full song or full production.
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9. How can I use my song4u?
The song can be used for non-commercial personal activities, for example a post on social media on any channel owned by you, playing the song at a celebrations, or apart of a home video. For more details please review our "Songwriter Addendum" on this page.
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10. How long do I have to request song revisions?
Upon receiving each draft you have 2 days to organize feedback. If upon completion of a revision you do not respond within 5 days, the song will be deemed completed. If you are using Rush service you have 1 day to provide feedback after the revision.
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SUNG4U Songwriter Services Addendum
This Songwriter Services Addendum (“Addendum”) is entered into by and between you (“Licensee”, “you” or “your”) and Chenelle Muzik Inc. (“Company”, “us’, “our”, or “we”), and is governed by and incorporated by reference into, and made a part of, the Company’s Terms of Use, as the same may be supplemented, amended or otherwise modified from time to time. Any capitalized but undefined terms used herein shall have the meaning as ascribed to them in Company’s Terms of Use. To the extent that there is any conflict between the terms of this Addendum and any term(s) in the Terms of Use, the terms of this Addendum will control.
PLEASE READ THIS ADDENDUM CAREFULLY. THIS ADDENDUM APPLIES TO YOU IF YOU HAVE PURCHASED ANY OF THE SONGWRITING PACKAGES (AS DEFINED BELOW) OFFERED BY COMPANY. BY PAYING FOR ANY OF THE SONGWRITING PACKAGES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR PURCHASE OF A SONGWRITING PACKAGE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS SET FORTH IN THIS ADDENDUM, THEN YOU DO NOT HAVE OUR PERMISSION TO PURCHASE ANY OF THE SONGWRITING PACKAGES.
1. Songwriting Packages; Process; Completion Timeline.
a. Packages Offered. The Company offers Three (3) different songwriting packages (each a “Songwriting Package” and collectively, the “Songwriting Packages”), pursuant to which the Company shall write a musical composition (a “Composition”), record the same to create a master recording (a “Master Recording”), and provide you a final copy of the Master Recording (the “Song”). The Song will be created and delivered to you in accordance with, and subject to, the terms and conditions of this Addendum and any other terms and conditions set forth on Company’s website, as the same may be updated from time to time. Currently, the Company offers the following Songwriting Packages:
i. Half A Song – In the Half A Song Package, Company will deliver to you One (1) Song, which will be comprised of a verse and a chorus, supported by either a piano or a guitar.
ii. Full Song – In the Full Song Package, Company will deliver to you One (1) Song, which will be comprised of a verse, a pre-chorus, chorus and a bride, supported by either a piano or a guitar.
iii. Full Song with Production – In the Full Production Package, Company will deliver to you One (1) Song which will be comprised of a verse, a pre-chorus, chorus and a bride, supported by a fully produced instrumental.
iv. Full Song Rush Service – In the Full Song with Production Rush Service Package, Company will deliver to you One (1) Full Song With Production within Seven (7) business days after the Commencement Notice (as defined in paragraph 1(c) below).
b. Inspiration. Upon your successful purchase of a Songwriting Package (which requires Company’s receipt of the full payment for the applicable Songwriting Package purchased), you will be required to provide Company will the inspiration for the Song (“Inspiration”) before Company can begin writing the Composition that will form the basis for the Song. Your Inspiration must include sufficient information about the purpose or person for which the Song is being written, such as significant life events, personal preferences (e.g., favorite colors, movies, TV shows, artists, etc.), and inside jokes.
c. Turn Around Time; Revision Rights; Rush Services. Once Company has determined it has received sufficient, valid and reasonable Inspiration from you to create your Song, which determination shall be made by Company in its sole but reasonable discretion, Company shall notify you of the same (such notification the “Commencement Notice”) and begin working on your Song. Company shall deliver the first draft of the Song to you via email within Seven (7) business days after the date on which Company provides you with the Commencement Notice. Upon Company’s delivery of the Song, you will have Two (2) days to listen to the Song and provide the Company with any feedback on the music and/or lyrics used in the Song. Any feedback provided as part of the Review Process must (a) be sufficiently detailed and clear so that the Company can reasonably evaluate the feedback to determine how the same can be implemented to the Song, (b) be reasonable in nature (taking into account the Inspiration provided and the Songwriting Package purchased), and (c) not be made to purposefully delay delivery of the Song or otherwise frustrate the Company’s performance of its obligations (including delivery of the Song). If Company receives feedback, if any, during the Review Process in accordance with the foregoing requirements, Company shall make revisions to the Song to incorporate your feedback to the extent reasonable possible and deliver the revised Song to you as soon as reasonably possible (the foregoing process of receiving feedback on the Song, implementing the same and delivering a revised Song to you is referred to herein as a “Revision”). After re-delivery of the revised Song, you shall have the right to One (1) more Revision. After the second Revision (or, alternatively, if you failed to provide any feedback within the Five (5) day period provided above for the first Revision), Company will be deemed to have fully completed the Song, successfully performed all of the services required to be provided to you, and will not have any further obligations to revise the Song or render any further services to you. Notwithstanding the foregoing, in the event you purchase Company’s Full Song Rush Service, then Company agrees that the Song, including the Revision process provided above, shall be completed within Seven (7) business days after the Commencement Notice.
2. License and Usage Rights for the Song.
a. Your Use of the Song. The Song is licensed to you, and the Company does not transfer to you any ownership rights in the Song or the Master Recording (and the Composition embodied therein). As such, in consideration of Company’s receipt of your payment in full for the applicable Songwriting Package purchased, and subject at all time to your compliance with the terms and conditions set forth in the Agreement, Company hereby grants to you a non-transferable, perpetual, and universe wide license to use the Song solely for your non-commercial personal activities. The license granted herein does not provide you any rights in or to the Master Recording (and the underlying Composition), including any right to use the Composition separate and apart from the Song. For the avoidance of doubt, examples of the non-commercial personal activities permitted under the foregoing license include (a) using the Song in a celebratory styled post, tweet or similar means through any social media channel owned by you (e.g., celebrating a birthday or graduation), (b) playing or performing the Song at home during a birthday party or as part of a romantic event (e.g., Valentines’ Day, wedding anniversary), or (c) using the Song in a home video. For the further avoidance of doubt, examples of usages that are not permitted under the foregoing license include (a) using the Song in any advertisement, (b) selling, streaming, or otherwise distributing the Song through any so-called digital service provide (e.g., streaming on Spotify or downloading through iTunes) or any means of physical distribution (e.g., selling CDs that includes the Song), (c) sublicensing, selling, loaning, lending, broadcasting, renting, leasing, assigning, or transferring any rights in the Song to a third party, including by issuing any synchronization licenses, (d) using or sublicense the Song in isolation as sound effects, loops, or as source material for any other form of sample (even if you modify the Song), or (e) using or sublicensing the Song in a manner competitive to Company. In the event that you or any party on your behalf receive any form of compensation in connection with your use of the Song, then such usage will be deemed a “commercial” usage in violation of the license granted to you. In the event of any commercial usage by you or on your behalf, as determined by the Company in its sole discretion, then the license granted to you herein will be deemed terminated as of the date on which such usage first occurred such that as of such date you will have no further right to use the Song and Company will be entitled to, and you will turn over to Company, any compensation paid or payable in connection with such usage. Additionally, for clarity, you may not use the name, image, or likeness of the artist or writer associated with a Song in any way without Company’s express approval.
b. Rights in any Inspiration and Feedback. You acknowledge and agree that any Inspiration or Feedback provided by you is not separate copyrightable matter and you are not entitled to any ownership interest in the Song, as well as the underlying Composition or Master Recording concerning the Song, as a result of any Inspiration or Feedback provided by you and/or the incorporation of the same into the Song. If it is ever determined that you have any rights in the Feedback, then, in consideration of Company’s performance of its services to you, you hereby assign and transfer to Company any and all rights, titles and interest you may have, whether now known or hereafter discovered, in and in connection with any Feedback. You hereby grant to Company and their respective licensees and designees a royalty free, irrevocable, non-exclusive, and perpetual right and license throughout the universe to use your Inspiration connection with any use or exploitation of the Master Recording or the Composition.
c. DMCA Takedowns. You do not own the copyright in the Song (including the Composition and the Master Recording of the same), and if you, directly or indirectly, submit a takedown notice to any third party sites for a work using the Song, then you are responsible for ensuring that such takedown notice is not being issued for a different work solely on the basis that the different work includes the same Song. Submitting a takedown notice in violation of The Digital Millennium Copyright Act of 1998 may subject you to liability for damages under Section 512(f) of the U.S. Copyright Act.
d. Rights Reserved to Company. Any rights not expressly granted herein to you are reserved by the Company, including without limitation, any merchandising rights or any right to collect any so-called public performance monies payable in connection with the use of the Song (including, for the avoidance of doubt, any monies payable by a so-called public rights organization (e.g., ASCAP, BMI or SESAC) or by SoundExchange). You are not granted, and do not have, any right to register to collect any monies payable in connection with the Song. If at any times you are asked or requested to license the Song, make any commercial use of the Song, or are required to provide any ownership and/or songwriting information in connection with any use of the song (even if such use is deemed to be “non-commercial”), you will immediately notify Company by writing and in either case, you will either direct the third-party to reach out to Company or, if possible, include the information provided by Company. In accordance with the rights reserved to Company, you hereby grant to Company a perpetual, irrevocable, universe wide, royalty free license to use your name, image, and likeness in connection with Company’s general promotional activities, in any and all media, now known or hereinafter discovered (e.g., advertising the Services or Company’s website or social media).
3. Fees; Refunds.
a. Fees. The prices for each of the Songwriter Packages will be as set forth on the Company’s website, which may be updated from time to time. All amounts due and payable for the Songwriter Package selected by you must be paid in full at the time in which you check-out using the Company’s website. You will not be entitled to any price adjustments to account for a change in pricing, whether by promotion or otherwise, after you have paid for a Songwriter Package. Company will not be obligated to begin performing any of its services unless and until payment is received in full.
b. Cancellations; Refunds. All amounts paid by you are non-refundable and non-cancellable. However, in the limited event that Company fails to deliver the Song to you in accordance with the requirements of Paragraph 1(c) above, and if such failure is not the result of any acts or omissions of you (e.g., your failure to timely reply to Company or provide the Inspiration as required), then you shall have a right to send Company an email notifying the Company of such failure and specifically setting forth your desire for a refund. Upon receipt of such email, Company will have five (5) business days to deliver the Song to you, and if Company fails to do so, then you will have a right to send an email to Company requesting a refund (provided that you will not be entitled to a refund if the Song is delivered to you prior to receipt of such email requesting a refund).
4. Term; Termination. This Addendum is effective beginning when you purchase a Songwriting Package, and ends when terminated as described herein. If you violate any provision of the Agreement, the license granted herein for you to use the Song automatically terminates without any further action by Company. In addition, the Company may, suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice, to the fullest extent permitted by applicable law.
5. Your Obligations. You agree to: (i) comply with the Company’s instructions when referring to the Company and not to take any authorship credit in the Song; (ii) ensure that all usages of the Song are truthful, socially responsible, not defamatory or harmful to any third party, not illegal or offensive, not violent and do not depict dangerous or anti-social behavior; (iii) not do anything or authorize any activity (whether directly or indirectly) in your use of the Song which could be misleading in relation to Company; and (iv) not include any third-party content or intellectual property (including, by way of example, music, lyrics, life events or photos) in any Feedback or Inspiration provided by you and/or in connection with your use of the Song unless your obtained written permission from the owner of such intellectual property or third-party content (and upon request, you will provide to Company such written permission).
6. Representations and Warranties. You warrant, represent and covenant to the Company that: (a) you have the full right and power to enter into this Addendum, to share the Inspiration and any Feedback; (b) your Inspiration and any Feedback shall be wholly original with you without being taken from, or based upon, in whole or in part, any pre-existing work created by a third party; (c) the Inspiration and Feedback shall not be defamatory, libelous, slanderous, obscene or likely to cause offense; (d) you shall not commit any act or omission which at any time: (i) violates the Company’s Terms of Use, Privacy Policy, this Addendum or any other policy or agreement that is incorporated by reference in either of the foregoing; (ii) which, in the Company’s sole judgment, brings the Company into public disrepute, scandal, contempt, ridicule, or that shocks, insults, or offends or reflects unfavorably on or degrades the Company and/or any of their respective shareholders, officers, employees, or representatives.
7. Indemnification Obligations; Limitation of Liability.
a. You will defend, indemnify and hold the Company and each of its affiliates, shareholders, directors, officers, employees, representatives, successors and assigns (each an “Indemnified Party” and collectively, the “Indemnified Parties”) harmless from and against all costs (including legal costs and expenses), claims, expenses and liabilities incurred by an Indemnified Party arising out of or in connection with: (i) any breach by you of this Addendum, including any of your obligations set out in Paragraph 5 above or the representations, warranties and covenants set out in Paragraph 6 above; (ii); your Inspiration or Feedback; (iii) your unauthorized use of, or misuse of, the Song; (iv) your violation of any portion of this Addendum, or any applicable law or regulation; (v) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right (including, without limitation, in connection with any use of the Song); or (vi) any dispute or issue between you and any third party. If within thirty (30) days after Sung4u notifies you of any indemnification claim, you fail to take action to defend or settle such claim to the reasonable satisfaction of Sung4u, then Sung4u may at your expense undertake the defense, compromise or settlement of the claim as it sees fit. Notwithstanding the foregoing sentence, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you will cooperate with our defense of those claims.
b. IN NO EVENT WILL COMPANY BE LIABLE TO YOU UNDER OR IN CONNECTION WITH THIS ADDENDUM FOR LOSS OF ACTUAL OR ANTICIPATED INCOME OR PROFITS; LOSS OF GOODWILL; LOSS OF ANTICIPATED SAVINGS; LOSS OF DATA; OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS FORESEEABLE, FORESEEN OR KNOWN. THE COMPANY’S TOTAL LIABILITY TO YOU ARISING OUT OR RELATED TO THIS ADDENDUM SHALL NOT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE SONGWRITING PACKAGE.
c. Subject to the dispute resolution procedures set forth in the Terms of Use, you hereby agree that your sole remedy for any breach of this Addendum by the Company shall be limited to an action at law for money damages and in no event shall you be entitled to seek to enjoin the distribution, marketing, publicity, promotion or other exploitation of the Song (including the Master Recording or underlying Composition) or to seek or obtain any other injunctive or other equitable relief in connection with any claim or dispute arising under or relating to this Addendum.
TERMS OF USE
Last Modified: September 3, 2021
The following terms and conditions, together with any documents expressly incorporate by reference (“Terms of Use”), are entered into by and between you and Chenelle Muzik Inc. (“Company”, “us’, “our”, or “we”), and governs your access and use of Company’s website located at https://www.sung4u.com/ and related sub-domains (“Website”) and any applicable services offered by or through the Company (collectively, with the Website, the “Services”). By using or accessing any part of our Services, you are agreeing to these Terms of Use, and all other policies or notices posted by us on our Services, all of which are incorporated by this reference. IF YOU ARE NOT ELIGIBLE (SEE BELOW), OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE AND YOU MAY NOT ACCESS OR USE THE SERVICE.
Please read these Terms of Use carefully before using the Service. Your use of, and participation in, the Services may be subject to additional terms, for example, the Songwriter Services Addendum located at https://www.sung4u.com/termsofservice (“Supplemental Terms”). Any such Supplemental Terms will be identified to you from time to time as applicable, and by purchasing any of the Services you agree to be bound by and comply with such Supplemental Terms. If these Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the applicable Service for which the Supplemental Terms have been provided. The Terms of Use and any applicable Supplemental Terms are referred to collectively herein as the “Agreement.”
Please check back regularly for updates. We will also provide you with an email notification of any changes if you have a user account with us.
For your convenience, these Terms of Use are broken down into the following Sections:
1. Changes To The Terms Of Use; Modifications To The Services
2. Eligibility
3. Accessing The Services; Creating An Account; Account Security
4. Reliance On Information Posted
5. Consent To Use Of Electronic Communications
6. Intellectual Property Rights
7. Restrictions
8. User Contributions
9. Content Standards
10. Monitoring And Enforcement
11. Termination
12. Links
13. Disclaimer Of Warranties
14. Limitation Of Liability
15. Indemnification
16. Mandatory Arbitration
17. Governing Law And Jurisdiction
18. Waiver And Severability
19. Entire Agreement
20. Your Comments And Concerns
1. CHANGES TO THE TERMS OF USE; MODIFICATIONS TO THE SERVICES
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction Section will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Services. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. While we will endeavor to provide notice of any updates to these Terms of Use, you are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or an entire Services, to users, including registered users.
2. ELIGIBILITY
The Services is offered and available only to users who can lawfully enter into and form contracts under the applicable laws. By using the Services, you represent and warrant that: (i) you are at least 18 years old, and if you are under the age of 18, then you represent and warrant that you are least 13 years of age and only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use; (ii) you have not been previously restricted from using the Services or violated any Agreement with the Company; or (iii) your use of the Service is in compliance with any and all applicable laws and regulations. If you do not meet all of these requirements, you must not access or use the Services.
3. ACCESSING THE WEBSITE; CREATING AN ACCOUNT; ACCOUNT SECURITY
If you are accessing the Services from the European Union (“EU”), Asia, or any other region with laws or regulations governing the use, disclosure, collection and/or protection of personal data that differ from those in place under the laws of the United States, then please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions.
You are responsible for:
· Making all arrangements necessary for you to have access to the Services.
· Ensuring that all persons who access the Services through your Internet connection are aware of these Terms of Use and comply with them.
If you wish to utilize the Services made available by Company, you may be asked to create an account which requires you to provide certain personal information, including, and without limitation, your full name, email address, phone number, and payment information such as credit card information. It is a condition of your use of the Services that all the information you provide on the Services is accurate, current and complete. This means that you cannot setup an account using a name or contact information that does not apply to you, and you must provide accurate and current information on all registration forms that are part of the Services. By using the Services, you agree that Company may collect, use and disclosure of your personal information you provide to Company, including but not limited to through the use of the Services, in accordance with the following policies:
• Privacy Policy, Cookies Policy, Copyright Policy located at https://www.sung4u.com/termsofservice
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of: (i) any unauthorized access to your account; or (ii) use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any account, user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or our Privacy Policy.
4. RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services, such as open source software. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
5. CONSENT TO USE OF ELECTRONIC COMMUNICATIONS
In connection with the Agreement, you may be entitled to receive certain communications from us such as notices, product updates and changes to the Agreement, in writing. To facilitate your use of the Services, you give us permission to provide these communications to you electronically instead of in paper form. You can withdraw your consent to receive further communications electronically at any time by selecting to remove yourself as a registered user. Any withdrawal of your consent to receive communications will revoke your access to the Services. Any withdrawal of your consent to receive communications will be effective only after a reasonable period of time to process your request to revoke your access as a registered user.
6. INTELLECTUAL PROPERTY RIGHTS
The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
• Modify copies of any materials from this Services.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Agreement, your right to use the Services, as well as any of its contents, features and functionality, including any results and proceeds of the Services, will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services are transferred to you, and all rights not expressly granted in the Agreement are reserved by Company. Any use of the Services not expressly permitted by the Agreement is a breach of these Terms of Use and may violate copyright, trademark and other laws.
The Company name, the terms “Company”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners.
7. RESTRICTIONS
You may use the Services only for lawful purposes and in accordance with the Agreement. You may not:
• Use our Services, and its entire contents, features and functionality (including but not limited to the Services) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or otherwise in violation of these Terms of Use, our Privacy Policy or any other applicable policies or documentation;
• Submit content through our Services that does not belong to you or the company you belong to;
• Use our Services in a way that would be considered a criminal offense, give rise to civil liability, violate any law, or is other inappropriate;
• Impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• Upload, launch, post, or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Services and/or our reputation, or harm or corrupt our or anyone else’s computer systems, or data;
• Use our Services to harm minors in any way, including postings that violate child pornography laws, child sexual exploitation laws, or any other laws protecting children;
• Modify the Services or any part of the Services; and
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability.
Additionally, you agree not to:
• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services;
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working order of the Services;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
8. USER CONTRIBUTIONS
The Services may contain message boards, personal web pages or profiles, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in Section 9 of these Terms of Use. Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on or through our Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
· All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
9. CONTENT STANDARDS
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy located at www.sung4u.com/termsofservice .
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote or assist any unlawful act.
· Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to info@sung4u.com. It is the policy of Company to terminate the user accounts of repeat infringers.
10. MONITORING AND ENFORCEMENT
We have the right to:
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates our Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Company.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
· Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on or through our Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
11. TERMINATION
We may suspend or terminate your access to the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated the Agreement; (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the rights granted to you shall terminate, including, without limitation, your license to use the Services. If you or Company terminates your use of our Services, Company may delete any materials relating to your use of the Services on our servers or otherwise in our possession and Company will have no liability to you or any third party for doing so.
12. LINKS
Our Services and any underlying services or functionality, including but not limited to, the Services, may contain links to third-party websites or services that are not owned or controlled by Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through the Services.
13. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, THE SERVICES, IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY OF OUR WEBSITES, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ITEMS OBTAINED THROUGH THE SERVICES OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Agreement (including these Terms of Use), your use of the Services, or any content or services obtained through the use of the Services including, but not limited to, your User Contributions, your use of the Services, or any other use of the Services’ content, services and products other than as expressly authorized in the Agreement or your use of any information obtained from the Services.
16. MANDATORY ARBITRATION
Please read this carefully. It affects your rights. THE COMPANY WILL ALWAYS STRIVE TO AMICABLY RESOLVE ANY DISPUTES WITH YOU WITHOUT THE NEED TO TAKE ANY LEGAL ACTION. HOWEVER, THIS MAY NOT ALWAYS BE POSSIBLE. AS A RESULT, YOU AND COMPANY AGREE TO ARBITRATION AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
(a) Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Company, to you via any other method available to Company, including via e-mail. The Notice to Company should be addressed to: Chenelle Muzik, Inc (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against Company, then Company will promptly reimburse you for your confirmed payment of the filing fee upon Company receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
(b) Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Company agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) No Class Actions. YOU AND COMPANY AGREE THAT YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
(d) Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of California in conducting the arbitration. You acknowledge that this Agreement and your use of the Services evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.
(e) Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Company seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Company or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Company, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in this Agreement.
(f) Claims. You and Company agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement, the use of the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
(g) Improperly Filed Claims. All claims you bring against Company must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Company may recover attorneys’ fees and costs up to $5,000, provided that Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
17. GOVERNING LAW AND JURISDICTION
Only if the Mandatory Arbitration clause is deemed to be null and void, then all matters relating to the Services and the Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). In such a situation, any legal suit, action or proceeding arising out of, or related to, the Agreement or the Services, including any services or content obtained through the use of the Services, including but not limited to, your use of the Services, shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, provided, however, we retain the right to bring any suit, action or proceeding against you for breach of the Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. WAIVER AND SEVERABILITY
No waiver by Company of any term or condition set forth in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
19. ENTIRE AGREEMENT
These Terms of Use, the Supplement Terms (if applicable), our Privacy Policy, and Copyright Policy, and any other documents incorporated herein by reference, constitute the sole and entire agreement between you and Company with respect to the Services and any services offered by on in connection with the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
20. YOUR COMMENTS AND CONCERNS
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: info@sung4u.com
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PRIVACY POLICY
Your Privacy Matters
Last modified: September 3, 2021
Please check back regularly for updates. We will also provide you with an email notification of any changes if you have a user account with us.
This Privacy Policy explains how Chenelle Muzik Inc. d/b/a Sung4u (“Sung4u”, “us’, “our”, or “we”) collects, uses and discloses personal data collected from and about you when you visit https://www.song4u.com/ or any related sub-domains that belong to or are otherwise operated by Sung4u (“Website”), or utilize any other services offered or made available by Sung4u, including but not limited to, Sung4u’s songwriting services offered through the Website (“Services”). Any reference herein to the “Services” will also mean to include the Website, and vice versa.
When you use our Services, you trust us with your information. Sung4u is committed to keeping that trust and believes the commitment starts with being very transparent and up-front about how we collect, use and disclose your personal data. This Privacy Policy also describes the rights and controls you have over your personal data and how to contact us with any questions, comments, concerns and requests you may have relating to your personal data.
This Privacy Policy is broken down into the following Sections for your convenience:
1. Data Controller
2. The Data We Collect From You
3. How We Use Your Data
4. Who We Share Your Data With
5. How Long We Retain Your Data
6. Your Rights Relating to the Use of Your Data
7. How We Secure Your Data
8. Special Information for Individuals Located in the European Economic Area
9. International Data Transfers
10. Links to Third Party Sites
11. Age Restrictions
12. Changes to this Privacy Policy
13. Policy on Cookies and Similar Technologies
14. How to Contact Us
Please review this Privacy Policy carefully to understand our policies and practices regarding your personal data and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using our Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of our Services after we make changes will be deemed to be acceptance of those changes by you, so please check this page periodically for updates.
If you have any questions, comments or concerns about any aspect of this Policy, please do not hesitate to contact us by using the details set forth below in the “How To Contact Us” Section.
1. DATA CONTROLLER
Sung4u provides services to users throughout the world. However, Sung4u processes personal data inside of the United States only. Sung4u does not transfer information of its users outside of the United States.
Sung4u’s data controller is:
Cheryline Lim Phelps
Questions, comments and complaints about Sung4u’s data practices can be submitted to Sung4u at info@sung4u.com.
In Summary…
Regardless of your location, Sung4u is the only controller of your personal data. All your data is located within the United States, and none of it is transferred outside of the United States.
2. THE DATA WE COLLECT FROM YOU
In order for you to utilize our Services, including but not limited to, creating a user account and signing up for a subscription service, we collect the following data from you:
Data You Provide
When you access or use our Services, you may be asked to provide certain personal data, including:
• Purchase of Services; Account Creation: Song4u may collect certain personal data from you when you purchase our Services. This may include contact information (such as your full legal name, physical address, email address, and phone number), birth date, and gender. The exact personal data we collect from you may depend on the specific type of Services you purchase. In the event you are required to open an account with Sung4u, then Song4u may collect similar personal data from you when you create or update your account.
• Sharing of Inspiration & Feedback: Sung4u may collect certain personal data from you when you share your Inspiration or any Feedback, including but not limited to, information in or about the content you provide (like metadata), such as the date a file was created.
• Correspondence with Sung4u: Sung4u may collect personal data from you if you contact us. The purpose of collecting this data is to better help us assist you in resolving any issues or answering any questions you may have. This may include information such as your email address or contact number for follow-up conversations.
Data We Automatically Collect When You Use the Services
When you access or use our Services, we automatically collect data about your use of the Services, including:
• Log Data: We want to inform you that whenever you user our Services, we automatically collect data that your browser sends to us and stored on our server logs that is commonly referred to as “Log Data.” This Log Data may include information such as your computer’s Internet Protocol address, browser version, pages of our Website that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
• Usage Data: Generally, we automatically collect data regarding the usage rates of our Services, this includes, but is not limited to, the number and frequency of visitors to our Website(s) and users of our Services. This may also include information about how you use our Services, such as the pages you view and the frequency of your visits. For example, we log what pages you view on our Website.
• Device Data: We collect and store data about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins, Bluetooth signals, Wi-Fi access points, and the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed.
In order to collect this data automatically, we use certain analytic tools incorporating tracking technologies that recognize your device and compiles data about you. One example includes the use of cookies. For more information, please see our Policy on Cookies .
In Summary…
We collect personal data from you when you use our Services, create a user account or engage in any communications with us. We also automatically collect certain data when you visit or otherwise use our Services through the use of cookies or other similar tracking technologies. Part of the data automatically collected includes data from your device and network.
3. HOW WE USE YOUR DATA
We collect, store and use the data you provide to us for the following purposes:
• To create and update your user account (if any);
• To verify your identity;
• To enter into any contractual agreement with you for the Services;
• To facilitate the Services, including but not limited to, personalizing the Song for you;
• To notify you about changes to our Services;
• To provide customer service, including responding to emails, questions, comments, requests and/or complaints;
• To perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems, to notify us of new customers; and
• To investigate or address claims or disputes relating to your use of the Services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
• To estimate our customer size and visitor patterns.
• To advertise our Services.
In Summary…
We use your data to help provide the Services to you, to further develop the Services, and to be able to communicate with you. We also use your data to help advertise our Services, for example, by having customer testimonials and past customers on the website.
4. WHO WE SHARE YOUR DATA WITH
We may share your personal information in the following instances with the following individuals:
4.1 With Third Party Service Providers
We share the data we collect from you with third party service providers. This may include:
• Web Services – Currently, we use Wix services for all of our computing needs. Each of the foregoing services have their own separate privacy policy that can be found at https://www.wix.com/about/privacy;
• Consultants, lawyers, accountants and other professional service providers; and
• Data analytics providers.
4.2 With Investigators, Governmental Bodies, Authorities or Law Enforcement Agencies
We may share your data if required by applicable law, regulation, legal process or governmental request, or where the disclosure is otherwise appropriate due to a safety or similar concern. This includes sharing your data with law enforcement officials, government authorities, or other third parties as necessary to enforce our Terms of Use or other policies, as well as to investigate and protect Sung4u or its users from fraudulent, abusive, inappropriate, or unlawful acts.
4.3 With Potential Buyers or Investors
We may share your data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restricting, financing, or acquisition of all or a portion of our business by or into any another company, or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by Sung4u about its users is among the assets transferred.
4.4 With Marketers and Advertisers
Sung4u does not sell or share your data with third parties for marketing or advertisement purposes. If this changes in the future, you will be immediately notified and this policy will be revised accordingly to provide you with the right to opt-out of any such marketing and/or advertisement.
4.6 With Your Consent
If we ever are in a situation where we may share your data with third parties for purpose other than set forth above, we will notify you and provide you the right to opt-out of having your information shared.
In Summary…
We may share your data with any third parties who help us provide our Services. We may also share your data when we believe it is required by law or to help protect the rights and safety of you, us or others. We may also share your data when our business is sold to others or subject to any change in ownership. We may also share your services to any other third parties to whom you expressly consent to sharing such data with. We do not share your data with any marketers or advertisers.
5. HOW LONG WE RETAIN YOUR DATA
Sung4u only retains user profile and other data as long as you have a user account and utilize the Services, or as may be necessary for legitimate and essential business purposes, such as maintaining the performance of the Services, making data-driven business decisions about new features, and complying with our legal obligations and for dispute resolution. You may request deletion of your account at any time by calling Sung4u at the phone number provided in Section 1 above or by emailing us directly at info@sung4u.com. Upon receipt of a request to delete your account and information, Sung4u will delete your account within thirty (30) days.
However, since we are subject to compliance with different laws in place around the world relating to regulatory, tax, insurance or other requirements in the field in which it operates, Sung4u will maintain information related to the foregoing, which may include transaction history, for seven (7) years. Thereafter, Sung4u will delete or anonymize such information in accordance with applicable laws.
In Summary…
We maintain your personal data as long as you have an active user account. We can delete your user account upon request, but will still be required to maintain certain personal data to comply with legal obligations for a period of seven (7) years after removal of your account.
6. YOUR RIGHTS RELATING TO THE USE OF YOUR DATA
We at Sung4u want you to have complete control of your data, and therefore, you always have the right to:
• Access any of your personal data we hold about you;
• Ask us to erase any personal data we hold about you;
• Ask us to not use your personal data for direct-marketing purposes;
• Restrict the way we process your personal data;
• Have your personal data provided to a third-party provider of services;
• Have a copy of any personal data we hold about you; and
• Object to our processing of your personal data.
If you need help or wish to exercise any of the above rights, have questions about them or wish to request a copy of your personal data, please do not hesitate to contact us by emailing info@song4u.com. Please note that while we will take actions to delete any personal data of yours when requested, certain personal data may be kept for record retention purposes as previously discussed in Section 5.
In Summary…
You can access, update and/or delete your personal data by vising your Profile, emailing us or even calling us by phone. You have many choices about how your data is collected, used and shared and we will help facilitate any of those choices you wish to pursue. Even if you delete your personal information or your account (if any), certain personal data may be kept for record retention purposes as previously discussed in Section 5.
7. HOW WE SECURE YOUR DATA
We use Secure Sockets Layer (SSL) software to encrypt the information you enter on our Services in order to protect its security during the transmission of data. When storing data, we protect its security by encryption and pseudonymization of critical data. When our payment processor process credit card information and payments, the credit card is subject to tokenization and strong security measures.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer data. Our security procedures require us in some cases to request proof of identity before disclosing personal information to you.
Although we use reasonable organizational, technical and administrative measures to protect your personal data, it is unfortunately true that no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, please note that while we do our best to protect your personal data, we cannot fully guarantee the security of any personal data you transfer over the Internet. Any transmission of personal data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in our Services.
If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us immediately at info@song4u.com.
In Summary…
Our data transmissions are secured through encryption, and we also monitor for and try to prevent security breaches. However, no data transmissions over the Internet can ever be guaranteed to be 100% secured. Please use the security features available through our Services and do not hesitate to email us at info@song4u.com if you believe your account security has been compromised.
8. SPECIAL INFORMATION FOR INDIVIDUALS LOCATED IN THE EUROPEAN ECONOMIC AREA
Beginning May 25, 2018, the processing of personal data of users within the European Economic Area (EEA) is subject to the EU General Data Protection Regulation (“GDPR”). This section summarizes Sung4u’s grounds for processing personal data under the GDPR, and the rights of such users as it relates to Sung4u’s handling of personal data.
A. EU User Rights
If you are located within the EEA, you have the following rights with respect to how Sung4u handles your data:
• Requesting Explanations of What Data of Yours Sung4u Stores and How It Is Used - You have the right to request an explanation of the data that Sung4u has about you and how Sung4u uses that data.
• Requesting Copies of Your Data - You have the right to receive a copy of the information that Sung4u collects about you if collected on the basis of consent or because Sung4u requires the information to provide the services that you request.
 Requesting Correction to Your Data - If Sung4u has information about you that you believe is inaccurate, you have the right to request correction of your information.
 Requesting Your Data to be Deleted - You may request deletion of your user account at any time in your account settings to by emailing us directly at info@song4u.com. We may retain certain information about you as required by law and for legitimate business purposes permitted by law, which is further discussed in Section 5.
 Filing an Objection or Complaint – Users in the EAA have the right to object to Sung4u’s processing of personal data, including for marketing purposes based on profiling and/or automated decision making. Sung4u may continue to process your information notwithstanding the objection to the extent permitted under GDPR. Users in the EAA also have the right to file a complaint relating to Sung4u’s handling of your personal information with their local Data Protection Authority (“DPA”). To find the best DPA to contact and lodge your complaint, please visit http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm. You may also submit complaints or objections directly to Sung4u by emailing info@song4u.com.
B. Legal Basis for Processing Your Data
The GDPR requires that companies processing the personal data of EEA users do so on the basis of specific legal grounds. As such, Sung4u will only process your personal data in the following situations:
• The Processing Is Necessary to Perform Our Contract With You. Sung4u must collect and use certain data in order to provide its services that you have contracted with Sung4u for. This includes user data that is necessary to establish and maintain your account, facilitate your subscription and process payments. Collection and use of this data is a requirement for using Sung4u’s services.
• The Processing is Necessary for Sung4u’s Legitimate Interests. Sung4u collects and uses personal data to the extent necessary for its legitimate interests, which includes: (i) to provide customer support; (ii) to optimize our service and develop new services; (iii) for research and analytical purposes; (iv) to enforce Sung4u’s Terms of Use; and (v) to provide you notices about changes to our services.
• Your Explicit Consent Is Given. Sung4u may collect and use your data on the basis of your consent. For example, we rely on your consent for us to use your personal information to send you marketing information (such as our newsletters and promotional offers) by email, SMS, or telephone. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any part of our Services that requires collection or use of the data we collected or used on the basis of your consent.
In Summary…
You have a right to: (i) requesting explanations of what data of yours Sung4u stores and how it is used; (ii) request copies of your personal data; (iii) request your data to be deleted; or (iv) file a complaint about the use of your data. Our legal basis for collecting, using and sharing your data include consent, contract and legitimate interest. If the legal basis is consent, then you may withdraw your consent at any time.
9. INTERNATIONAL DATA TRANSFERS
The personal data we collect may be transferred to, and processed and stored in, countries outside of the jurisdiction you are located in. For example, if you are located in a country with the EEA, your personal data may be processed in the United States. All international transfers of your personal data are made:
• To a country or territory ensuring an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data as determined by the European Commission;
• To a the third party that is a member of a compliance scheme recognized as offering adequate protection for the rights and freedoms of data subjects as determined by the European Commission; or
• Pursuant to appropriate safeguards, such as the Standard Contractual Clauses (processors) approved by European Commission Decision C(2010)593 or any subsequent version thereof released by the European Commission or the EU-U.S. Privacy Shield.
If you wish to enquire further about these safeguards used, please send us an email at info@song4u.com.
In Summary…
All of our data is processed in the United States. If you are located outside of the United States, then your data is safely transferred to our processors located within the United States in accordance with all applicable laws.
10. LINKS TO THIRD PARTY SITES
Our Services may contain links to other sites. If you click on a third-party link, you will be directed to that site. We do not operate these external sites. Therefore, we strongly advise you to review the privacy policy and any terms of use for any such websites, as those websites may collect personal data from you or have their own policies regarding the use of tracking cookies and related technology. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
In Summary…
We may have links that take you to sites other than ours. If you click on one of those links, you will be bound by that website’s privacy policies.
11. AGE RESTRICTIONS
Our Website and Services are not intended for children under 13 years of age in the United States and 16 years of age if you are accessing our Services from the European Union or the European Economic Area (“Minimum Age”). No one under the Minimum Age may provide any data to or on the Services. We do not knowingly collect personal data from children under the Minimum Age. If you are under the Minimum Age, do not use or provide any data on our Website or on or through any of Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal data from a child under the Minimum Age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the Minimum Age, please contact us at info@song4u.com.
In Summary…
Our Services are not for children under 13 years of age in the United States and 16 years of age if you are accessing our Services from the European Union or the European Economic Area.
12. CHANGES TO THIS PRIVACY POLICY
The date this Privacy Policy was last revised is identified at the top of this policy. If we make changes to this Privacy Policy about how we treat our users' personal data, we will notify you by email to the primary email address specified in your account. We will also post the updated privacy policy on our Website in the same location as the previous version. You are responsible for ensuring we have an up-to-date, active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes. If we make material changes to this Privacy Policy, we will notify you by email at least fifteen (15) days prior to the date on which such changes take effect.
In Summary…
We may update this Privacy Policy from time to time. You will be notified of any updates by email, and copies of the updated Privacy Policy will be located on our Website.
13. POLICY ON COOKIES AND SIMILAR TECHNOLOGIES
A. What are cookies?
A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services.
B. What are cookies used for?
Some examples of what these tracking technologies are used for by Sung4u may include:
• Authenticating users;
• Remembering user preferences and settings;
• Determining the popularity of certain content;
• Analyzing traffic to our Services; and
• Generally reviewing and understanding the behaviors of people who have an interest in or utilize our Services.
C. How long will cookies stay on my device?
The length of time a cookie will stay on your computer or mobile device depends on whether it is a "persistent" or "session" cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.
D. Who Does the Cookies Belong To?
First-party cookies are cookies that belong to Song4u, third-party cookies are cookies that another party accesses or places on your device through our services. Third-party cookies may be placed on your device by someone providing a service for Song4u, for example, to help us understand how our Services are being used. These companies’ use of cookies and similar technologies is subject to their own privacy policies, not the Sung4u Privacy Policy.
E. Types of Cookies Use.
The cookies we use generally fall into one of the following categories:
• Technical/Required – These cookies are essential for our services to function properly. Like other cookies we use, technical cookies may be either first-party cookies or third-party cookies.
• Preferences – We use these cookies to remember your settings and preferences. For example, we may use these cookies to remember your language preferences.
• Performance – We use these cookies to collect data about how you interact with our Services and to help us improve them. For example, we may use these cookies to determine if you have interacted with a certain web page.
• Analytics – We use these cookies to help us understand and improve our Services. For example, we can use these cookies to learn more about which features are the most popular with our users and where we may need to make improvements.
F. How to Control Cookies or Other Collection Mechanisms
You have the right to choose whether or not to accept cookies. However, please be advised that if you set your browser to disable cookies or other tracking technologies, you may not be able to access certain parts of our Services or the functionality of certain aspects of the Services may be limited. In addition, you have other choices with respect to how cookies are used:
• Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. To do so, please follow the instructions provided by your browser which are usually located within the "Help" or “Preferences” menu. Some third parties also provide the ability to refuse their cookies directly by clicking on an opt-out link.
• Removing or rejecting browser cookies does not necessarily affect third-party flash cookies which may be used by us or our partners in connection with our Services. To delete or disable flash cookies please visit Adobe’s website located at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html. For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit http://youradchoices.com/ and www.youronlinechoices.eu for EU visitors.
• For mobile users, you should have controls on your device that enables you to choose whether to allow cookies. For information on controlling your mobile choices, you can visit www.networkadvertising.org/mobile-choices.
• To help control or block certain ads in mobile applications, you may choose to download and utilize the DAA mobile app, http://youradchoices.com/appchoices.
G. Web Beacons
In addition to cookies, pages of our website or emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Sung4u, for example, to count users who have visited those pages or emails and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
H. Why Does Sung4u Use Cookies and Web Beacons?
We use cookies and similar technologies to show you relevant content, improve your experience, and help protect Sung4u and our users. We may use these technologies to deliver the service, provide you with a service that is easy to use, enable you to move around the Services and use its features, such as accessing secure areas, and storing data so that Sung4u can respond faster. We may use these technologies to collect data about how you use our Services, for example which pages you go to most often and if you get error messages from certain pages. We may use these technologies to allow us to remember choices you make (such as your user name or your payment history) and tailor the Services to provide enhanced features and content for you. These technologies can remember that your device has visited a website, and may also be able to track your device's browsing activity on other sites or services other than Sung4u. We may use these technologies to understand, improve, and research our Services.
In Summary…
We use tracking technologies such as cookies and web beacons to help provide the Services to you. If you wish to not utilize cookies, then you can opt out of such usages. However, if you do decide to opt out, then certain aspects of the Services and/or their functionality may be limited or unusable.
14. HOW TO CONTACT US
We are here to help and be as transparent as possible regarding how we use, store and transfer your data. If you have any questions regarding this Privacy Policy, or if you wish to exercise any of your rights in relation to your personal data, or if you want to object to the collection or processing of your data by Sung4u, whether entirely or partially, please contact us at info@song4u.com.
In Summary…
Please contact us with any questions, comments or concerns you may have at info@song4u.com.
DMCA POLICY
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our website or any of our available services (the “Services”) infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
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Your physical or electronic signature.
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Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
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Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
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Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
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A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
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A statement that the information in the written notice is accurate.
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A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Cheryline Lim Phelps
Email: Info@sung4u.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on or through our Services was removed or access to it was disabled (or revoked) by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
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Your physical or electronic signature.
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An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
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Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
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A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
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A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which our Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on our Services were removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.