Terms and Conditions
4. CHANGED TERMS
6. ELECTRONIC COMMUNICATIONS AND EMAIL
You consent to communicating with us by way of email or the Website. We may communicate with you by posting on the Website or by sending you email. You agree that communication to you by way of email or by posting on the Website in respect of any agreements, disclosures, disclaimers, notices, and related communications, satisfies any requirement at law that such communications be in writing.
7. INTELLECTUAL PROPERTY
All intellectual property rights in the content of this Website, whether registered or unregistered, including but not limited to trademarks, copyrights, names or logos are reserved. Songtherapeutics owns all the Website content, such as, text, graphics, software, video and audio clips, interfaces, layouts, data, downloads and all such content is protected by law. Without the express, prior written consent of Songtherapeutics, no copying, redistribution, retransmission, publication or commercial use or exploitation of any content on and from the Website will be permitted.
The following are registered trademarks of Songtherapeutics: ___________________________. All rights to these trademarks are reserved. All other trademarks not owned by Songtherapeutics appearing on the Website are the property of their respective owners whose rights therein are reserved.
Use of Songtherapeutics’ intellectual property in metatags or keywords may constitute infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may be considered unfair competition. Linking to any Website page is prohibited absent express written permission from Songtherapeutics. Framing, inline linking or other association of the Website or its suppliers’ software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the Website is expressly prohibited.
8. LICENSE AND WEBSITE ACCESS
9. YOUR REGISTRATION
If you use the Website, you are responsible for maintaining the confidentiality of your account user name, log-in, and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account user name, log-in, and password. In order to use the services the Website offers, you will need to create an account which involves the submission of certain information about you. You covenant and warrant that all the information you submit to us via the Website is correct, current, and complete. Songtherapeutics may reject your application for an account in its sole discretion, and may suspend or terminate your account for any reason or no reason. You may not use a false email address, impersonate any person or entity, or otherwise mislead.
Any user names, log-ins and passwords used for this Website are for individual use only. Songtherapeutics shall be entitled to monitor your username, log-in and password. Songtherapeutics may terminate or suspend your account, username, password, and your use of the Website at any time in its sole discretion, and may change or require you to change your username or password for any reason in its sole discretion. If you access or log-in through a third party social media service you hereby grant us permission to access and use the information posted or stored on such social media service.
You are prohibited from using any services or facilities provided in connection with this Website or any other tools to compromise security or tamper with system resources and/or accounts on this Website. The use or attempted use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved or are suspected in involvement in any violation of system security, Songtherapeutics reserves the right to release details regarding you to law enforcement agencies and to system administrators at other sites in order to assist them in resolving security incidents.
11. REVIEWS, COMMENTS, SUBMISSIONS, COMMUNICATIONS, AND OTHER CONTENT
Any conduct by you that restricts or inhibits any other person from using or enjoying the Website will not be permitted. You shall not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services. Songtherapeutics reserves the right to remove or edit messages or material submitted by you.
You shall not upload, post or otherwise make available on the Website any material, including but not limited to: (i) any material protected by copyright, trade mark or other proprietary right without the express written permission of the owner of the copyright, trade mark or other proprietary right. The burden of determining that any material is either protected or not protected by copyright, trademark or other proprietary right rests with you; or (ii) any material that is illegal, obscene, threatening, defamatory, invasive of privacy, confidential, or otherwise injurious to third parties or objectionable; or (iii) any material that consists of or contains software viruses, “worms”, spyware, ransomware, malware, or other destructive software programs, political campaigning, commercial or charitable solicitation, chain letters, any form of “spam”, mass mailings, or unsolicited commercial electronic messages. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, defamation, invasion of privacy or any other injury, damage or harm resulting from such a submission.
12. HYPERLINKS TO THIRD PARTY SITES
We may from time to time have links on the Website to external third party websites. We do not own or control the external third party websites. We take no responsibility for the accuracy, currency, operation or content of the external third party websites. Furthermore, we do not endorse, promote, or support any external third party website or its content. If you follow a link to an external third party website, you do so at your own risk and you are responsible to protect yourself against any viruses, worms, spyware, malware, ransomware or other destructive software programs. We do not take any responsibility, and shall have no liability, for the legality, copyright compliance, content or morality of any external third party website. This paragraph overrides any statement we may make next to or in respect of any external third party website on the Website.
13. COPYRIGHT COMPLAINTS
Songtherapeutics respects the intellectual property of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org
14. FEES AND PAYMENTS
Songtherapeutics reserves the right at any time to charge fees for access to portions of the Website or the Website as a whole. If at any time Songtherapeutics requires a fee for access to portions of the Website that are now free, Songtherapeutics will give subscribers advance notice of such fees and the opportunity to cancel any existing account before such charges are imposed. You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Website by Songtherapeutics or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes and/or surcharges relating to use of the Website through your account. Your right to use the Website is subject to any limits established by Songtherapeutics in its sole discretion.
15. YOUR CONDUCT
On the Website you shall not:
(a) engage in behavior that violates, inhibits, or infringes in any way on the rights of others, including any statements which may defame, abuse, harass or threaten others;
(b) make any bigoted, hateful or racially offensive statements;
(c) advocate illegal activity or discuss illegal activities with the intent to commit them;
(d) post or distribute any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offence or give rise to a civil liability;
(e) post or distribute any vulgar, obscene, discourteous or indecent language or images;
(f) post or transmit material which contains advertising or any solicitation with respect to products, services, or causes;
(g) post, transmit or distribute any software or other materials which contain a virus or other harmful component; or
(h) attempt to modify or “hack” the Website
(i) access any area on the Website which you are not explicitly authorized to access;
(j) impersonate any person or entity
(k) collect or harvest personal information about other users of the Website;
(l) jeopardize the operation of computer systems owned by Songtherapeutics or any of its vendors, or the reputation of Songtherapeutics or any of its principals.
No conduct which restricts or inhibits any other person from using or enjoying the Website will be permitted. You shall not use the Website to advertise or broadcast any commercial, political or charitable solicitation or message. Songtherapeutics reserves the right to remove or edit messages or material submitted by you.
16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
(a) THE SONGTHERAPEUTICS WEBSITE IS A SOURCE OF GENERAL INFORMATION AND MADE AVAILABLE TO SUBSCRIBERS SOLELY FOR EDUCATIONAL PURPOSES. ALTHOUGH SOME OF THE INFORMATION MAY BE THOUGHT PROVOKING, IT IS NOT INTENDED TO PROVIDE, NOR DOES IT PROVIDE, ADVICE OR GUIDANCE TO ANY INDIVIDUAL, NOR IS IT INTENDED TO ADDRESS ANY SPECIFIC INDIVIDUAL’S CIRCUMSTANCES OR CONDITION. THE SONGTHERAPEUTICS WEBSITE IS NOT INTENDED TO FURNISH, NOR DOES IT FURNISH, MEDICAL, LEGAL, PSYCHOLOGICAL, SPIRITUAL, OR ANY OTHER FORM OF PROFESSIONAL ADVICE, THERAPY OR COUNSELING. BEFORE ANY PERSON OR SUBSCRIBER INTENDS TO USE, RELY OR ACT ON INFORMATION AVAILABLE ON THE SONGTHERAPEUTICS WEBSITE, HE OR SHE SHOULD CONSIDER CONSULTING WITH AN APPROPRIATE PROFESSIONAL ADVISOR WHO CAN EVALUATE WHETHER SUCH USE, RELIANCE OR ACTION IS APPROPRIATE TO THAT PERSON’S CIRCUMSTANCES OR CONDITION.
(b) THE WEBSITE AND ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEBSITE ARE PROVIDED BY SONGTHERAPEUTICS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. SONGTHERAPEUTICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON, OR AVAILABLE THROUGH, THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
(e) SONGTHERAPEUTICS RESERVES THE RIGHT TO CHANGE ITS WARRANTIES AND DISCLAIMERS AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT PRIOR NOTICE.
(f) SOME STATES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS IN CONSUMER TRANSACTIONS. THEREFORE, IF INCONSISTENT WITH THE LAW OF ANY STATE, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
(g) IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
You agree to defend, indemnify, and hold harmless Songtherapeutics and its directors, officers, employees and agents from and against all claims and expenses, including but not limited to legal fees, arising out of the use of the Website by you or the use of your account by you or any other person using your account. Songtherapeutics reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this section. In such event, you shall provide Songtherapeutics with such co-operation as is reasonably requested by Songtherapeutics.
18. APPLICABLE LAW
Any dispute arising out of or relating in any way to your use or visit to the Website shall be submitted to confidential arbitration in Erie County, State of New York, USA; provided that to the extent that you have in any manner violated or threatened to violate the intellectual property rights of Songtherapeutics, or otherwise compromised or tampered with the security of the Website, Songtherapeutics may seek injunctive or other appropriate relief in any state or federal court in any state where jurisdiction may be obtained over you, and you consent and attorn to the exclusive jurisdiction and venue of such courts. Arbitration under this agreement shall be conducted under the rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.