CUSTOMER ACCEPTANCE
By using our website and any other websites or social media profiles owned or controlled by We Should Write Your Song (“WSWYS”), a “Custom Song Service” provided by We Should Write Sometime, LLC, you agree to be bound by the following terms and conditions (these “Terms of Use”). These Terms of Use may be updated by us from time to time without notice to you. If you do not agree to these Terms of Use, please do not use our website. Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of our website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. In addition to these Terms of Use, your use of our website is also subject to our Privacy Policy, which is specifically incorporated into these Terms of Use. You are only authorized to use our website if you agree to abide by all applicable laws and to these Terms of Use.
CUSTOMER TERMS OF USE
By accessing and using our website (www.weshouldwriteyoursong.com), (“WSWYS,” “Us,” “Our,” or “we,”) you agree to be bound by the terms and conditions set forth in this document (the “Terms of Use”). If you do not agree to these Terms of Use, please do not use our website.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these terms periodically for changes. Your continued use of our website following the posting of changes to these terms will mean you accept those changes.
Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our website without notice. We will not be liable if, for any reason, our website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.
Our website may contain links to third-party websites, which are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using our website, you expressly relieve us from any and all liability arising from your use of any third-party website.
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
Although we make reasonable efforts to update the information on our website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our website is accurate, complete, or up to date.
Our website and its content are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
PURPOSE OF THE WEBSITE
The website serves as a platform that enables you to request custom-made songs (“Custom Songs”) from third-party music creators (“Music Creators,” “Songwriters,” or “Artists”) for your personal use (the “Services”). Additionally, the website provides an opportunity for individuals to become a Music Creator, and receive payment for producing Custom Songs and/or services for users of the website.
WEBSITE USAGE
As a user of our website, you (the “customer”) agree to abide by all applicable laws and these terms of use. We grant you permission to use our website for personal use, as long as you do not distribute any part of it without our prior written consent, alter or modify any part of it, or use it for any unauthorized purpose. You represent that you are of legal age to enter into a binding contract and are not restricted by any laws from using our website. You are required to provide accurate and complete information about yourself when registering for our website. If any of your information changes, it is your responsibility to update it as soon as possible. We reserve the right to suspend or terminate your account if we suspect that your registration information is not accurate or complete, or if you violate these terms of use.
You agree not to use any automated systems or programs to access our website in a way that sends more requests to our servers than a human could reasonably produce using a conventional web browser. While we permit search engine operators to use spiders to create publicly available searchable indices of our website materials, we reserve the right to revoke this exception at any time.
You agree not to collect or use any personal information, including account names and email addresses, from our website or use our communication systems for commercial solicitation purposes. We are not responsible for the content, privacy policies, or practices of third-party websites linked to our website. By using our website, you release us from any liability arising from your use of these third-party websites.”
PAYMENT
You agree to pay all amounts due in accordance with the payment terms in effect at the time of purchase, including any applicable service, transaction, or processing fees. The fee for a WSWYS custom song service will be clearly stated on the page of our Website where you purchase a custom song. For any additional services or “experiences” offered by WSWYS, those fees, expenses, and costs may vary depending on location, number of people, etc. All transactions will be settled in U.S. dollars (“USD”). You will be responsible for paying any fees or expenses imposed by your payment card provider or the payment processor to settle the transaction in USD. In some cases, WSWYS may settle transactions in a currency other than USD in order to reduce or eliminate currency conversion fees and expenses.
Payment for our services may be made using a valid payment method, such as a credit or debit card. Accepted card types may include Visa, MasterCard, and others as accepted by our chosen payment processing provider. Your payment card will be subject to the terms and conditions of your agreement with the card issuer, as well as the privacy policy of the payment processing provider. We are not responsible for any errors or issues that may arise in relation to your payment card or the payment processing provider.
REFUNDS AND REVISIONS POLICY
Please note that all custom songs created by WSWYS are made-to-order and tailored specifically to the customer’s specifications. As such, these songs are unique and cannot be resold to other customers. Therefore, WSWYS has a strict policy regarding refunds for custom songs.
Given the unique and custom nature of the songs created by WSWYS, we have a limited ability to approve refunds. In the event of a technical issue with the song or if it does not meet the agreed-upon specifications, we will work with the customer to revise the song and make necessary changes to resolve the issue. However, if the customer simply changes their mind or is dissatisfied with the song for any other reason, we may not be able to approve a refund. All refund requests will be considered on a case-by-case basis, taking into account the specific circumstances of each situation and at our sole discretion. Revisions may be made to WSWYS services at the sole discretion of WSWYS and cannot be guaranteed. If the revision involves changes in specific musical preferences and/or taste, then a fee will be charged in those circumstances to adequately compensate our artist and/or songwriter for their time.
INTELLECTUAL PROPERTY NOTICE
If you receive a custom musical recording from us, including both a master audio recording and the original composition (“Master”), you are granted a limited license to use the Master solely for personal use. You have no right to copy, sell, lease, publicly perform, license, or otherwise grant rights in and to the Master. The purchase of the Master through our website does not transfer, assign, or sell any ownership or rights in the Master to you. We may, in our sole discretion, allow you to share the Master through the website or on certain streaming services. Any such grant of additional rights does not alter or waive the rights set forth in these terms and is provided solely for your personal enjoyment of the Master.
Our website and all content, materials, and other information available on or through our website, including text, images, graphics, logos, trademarks, and service marks, are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our website and its content for personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our website without our prior written permission.
SUBMISSION OF USER CONTENT
You may submit content to the Website for publishing, provided that you grant WSWYS a perpetual, worldwide, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Website and WSWYS’s business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Website a non-exclusive license to access your content through the Website and to use, reproduce, distribute, display, and perform such content as permitted through the functionality of the Website and under these Terms of Use. You acknowledge that WSWYS may choose to provide attribution of your content at our discretion.
You represent and warrant that you have the right to grant the licenses described above and that the use of your content by WSWYS and other users of the Website will not infringe or violate the rights of any third party. You also agree to waive any moral rights you may have in your content.
WEBSITE RULES AND RESTRICTIONS
You agree to use the Website and post User Submissions in a respectful and appropriate manner. You may not post or transmit any content that:
- Is libelous, defamatory, or untrue
- Infringes on the intellectual property rights of others
- Contains inappropriate, offensive, or harmful language or content
- Violates the privacy or publicity rights of others
- Encourages illegal or unethical behavior
- Contains viruses, malware, or other harmful programming routines
You are solely responsible for the User Submissions you post on the Website. We reserve the right to remove any User Submissions that violate these rules of conduct or that we determine to be inappropriate for any reason, and we may also terminate your access to the Website if you repeatedly violate these rules.
Our company recognizes the importance of protecting the intellectual property rights of others and adheres to the provisions outlined in the Digital Millennium Copyright Act (DMCA) regarding these rights.
If you believe that your work has been copied or used on the Website in a way that constitutes copyright infringement, you should provide us with a written notice that includes the following information:
- Your contact information, including your name, address, and phone number
- A description of the copyrighted work that you claim has been infringed
- A description of where the alleged infringing material is located on the Website
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf
We reserve the right to remove any material that we determine to be infringing upon the copyright of others and to terminate the accounts of repeat infringers. We will take the appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
Email: contact@weshouldwriteyoursong.com
WEBSITE MODIFICATIONS
You agree that we have the right to modify the Website at any time, and for any reason, without prior notice to you. This includes the right to change, remove, or add features or functionality to the Website. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Website or any part thereof. You acknowledge and agree that it is your responsibility to stay informed about any changes to the Website and to review these Terms of Use regularly.
TERMINATION OF ACCOUNT
We reserve the right to terminate your account at any time and without prior notice for any reason, including but not limited to:
- Violation of the terms of use or any other agreements or guidelines
- Requests from law enforcement or other government agencies
- Self-initiated account deletion by you
- Discontinuation or significant modification to the Website or any part thereof
- Technical or security issues or problems
- Extended periods of inactivity
- Engagement in fraudulent or illegal activities
- Nonpayment of fees owed in connection with the Website or any other products
Termination of your account includes:
- Removal of access to all pages within the Website
- Deletion of your password and all related information, files, and materials, including user submissions associated with or inside your account
- Prohibiting further use of the Website
Please note that all terminations for cause will be made at our sole discretion, and we will not be liable to you or any third party for any termination of your account, associated email address, or access to the Website.
DISCLAIMER OF WARRANTIES
The Website and all content, materials, and services provided on or through the Website are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website or any content, materials, or services provided on or through the Website will be accurate, complete, reliable, current, or error-free. We also do not guarantee that the Website or any content, materials, or services provided on or through the Website will be free from viruses or other harmful components. Your use of the Website and any content, materials, or services provided on or through the Website is entirely at your own risk. You are solely responsible for any damage to your computer system or loss of data that results from your use of the Website or any content, materials, or services provided on or through the Website.
LIABILITY DISCLAIMER
WSWYS and its affiliates, directors, officers, employees, licensors, distributors, suppliers, agents, resellers, owners, or operators will not be held responsible for any damages, whether direct, indirect, incidental, punitive, or consequential, that may result from:
(i) Errors, mistakes, or inaccuracies in the content of the Website.
(ii) Personal injury or property damage of any nature that may occur during your access and use of the Website.
(iii) Unauthorized access to or use of the secure servers and any personal information stored on them.
(iv) Interruptions or cessation of transmission to or from the Website.
(v) Bugs, viruses, or any other malicious software that may be transmitted to the Website by a third party.
(vi) Errors or omissions in the content available through the Website.
This disclaimer of liability will be in full effect to the extent allowed by law in the applicable jurisdiction.
Please note that WSWYS will not be held responsible for any user submissions or for any defamatory, offensive, or illegal conduct by a third party. The risk of harm or damage from such conduct is solely the responsibility of the user.
The Website is based in and controlled from the United States of America by WSWYS. The Website may not be suitable or available for use in other locations. Users who access the Website from other locations do so at their own discretion and are responsible for following the laws of their respective jurisdiction.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless WSWYS, and its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any rights of another.
ELIGIBILITY
By accessing and using the Website, you represent and warrant that you are over the age of 18 or an emancipated minor, or have obtained the consent of your legal guardian. The Website is not intended for children under 13 years of age and any use by such individuals is strictly prohibited. You further represent and warrant that you have the legal capacity and authority to enter into these terms and conditions and to abide by and comply with them. If you do not meet these eligibility requirements, you must not access or use the Website.
ASSIGNMENT
You may not assign, transfer, delegate, or sublicense your rights or obligations under these terms and conditions, but we reserve the right to do so without restriction. Any attempt by you to transfer or assign these terms and conditions without our prior written consent will be void and of no effect.
OWNERSHIP OF COPYRIGHTS AND TRADEMARKS
The Website is © 2023 www.weshouldwriteyoursong.com, a service provided by We Should Write Sometime, LLC All Rights Reserved, and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of WSWYS.
All of the WSWYS trademarks are owned by We Should Write Sometime, LLC, and may not be used for any purpose without the prior written permission of We Should Write Sometime.
CHARITABLE CONTRIBUTION
WSWYS is committed to giving back to our community, and as such, we have chosen to donate 10% of WSWSY’s cut (after the songwriters/artists are paid) from the services provided through our website to a charity supporting wounded veterans through various songwriting programs. This contribution is an important part of our mission and we believe that by supporting such initiatives, we can make a positive impact in the lives of those who have served our country.
By using our website and its services, you are supporting this charitable cause and contributing to making a difference in the lives of our nation’s wounded veterans. We thank you for your support and hope that together, we can make a positive impact in the world.
VIOLATIONS
If you see any violations of these Terms of Use, including objectionable user-submitted content or behavior, please report it to contact@weshouldwriteyoursong.com. Please provide a reason for your concern and include a link to the relevant user submission, content, or behavior. We may investigate the matter and take appropriate action in our sole discretion upon receiving such a report.
Updates to Terms of Use
Terms of Use updated February 14, 2023.
CONTACT INFORMATION
If you have any questions regarding these Terms, please contact WSWYS at contact@weshouldwriteyoursong.com