Website Terms of Use

SongRocket Terms of Use

Effective as of March 23. 2020 last update: March 23. 2020

 

1 Introduction

2 Definitions

3 Changes to the Agreements

3 Having fun with SongRocket

4 Accounts and Registration

5 DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES. PROHIBITIONS

6 Funding, Accounting, Payouts, Refund, Purchases

7 Modification of the terms of use

8 Refunds

9 Coupon or Promotional Code

10 Guarantee & warranty

11 Copyright and Trade Mark Notices

12 Songrocket content ownership and use

13 Third Party Applications and Devices

14 Litigation

15 Customer support

 

Hi to SongRocket Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:

Outline your legal rights on SongRocket

Explain the rights you give to us when you use SongRocket

Describe the rules everyone needs to follow when using SongRocket

Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully.

 

 

1 Introduction

Great to see you! SongRocket (“SongRocket,” “we,” “us,” “our”). SongRocket provides independent artists a chance within the platform getting feedback on already released and unreleased Songs to Music Influencer (Playlist Curators) to get heard and be globally within successful playlists of curators. The Music Influencers is playing an important role in the industry, also called playlist curators provides the ability to earn money by reviewing new and existing artists Songs in the music industry. For SongRocket (“SongRocket,” “we,” “us,” “our”). Its important the communication between those sharing music and those receiving music. We will do our best to ensure that this communication takes place as smoothly as possible. We cannot, however, be held responsible for the actions of those using this service.

We have a support section where we track back any issue with a review or any communication problem. If there is a communication issue or a curator is not reviewing the tracks, Songrocket has the rights to ban certain curator if they don’t follow the process and acting as agreed on our terms. Same goes with Artists. Songrocket isn’t accountable to take any further action though besides taking accounts down from the platform.

We respect the privacy and security of our users. You understand that by using our service, you give consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information,

You agree that you are over 18 years old, otherwise you represent and agree you possess the legal consent of your parent or of a legal representative to access and use the SongRocket Service and binding contract. We use different account for different user. Affiliate, Curator and Artist or a combined Account as Artist and Curator. Therefore you are an authorized representative of your company with the authority to bind the entity to these Terms of Service, and that you agree to these Terms on your company’s behalf. By singing up with Soundcloud or Spotify (a third-party service) you give us permission to access and use your information from that service as permitted by that third-party service, and to store your authentication credentials for that third-party service. The service is not available to any User who has been removed by Company.You also promise that any registration information that you submit to Spotify is true, accurate, and complete, and you agree to keep it that way at all times.

By signing up of our services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “SongRocket” or “Service”), or accessing any music, videos or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with SongRockets.

 

2 Definitions

 

We, Company: SongRocket, Switzerland.

Digital Service Providers: Spotify only.

Use of your account: We define “use” as the point from which you log into your account as an Artist, Curator or Affiliate.

Partner: This includes technical service providers, aggregators, credit card companies transfer companies,

Services: These refer to the services available to you from our platform.(campaigns for example)

 

 

3 Changes to the Agreements

We may make changes every now or then to the Agreements. When we make changes to the Agreements, we’ll NOT provide you with notice. Any major changes will be communicated via Email. Please therefore make sure you read updates carefully we will always update the date when any changes are made on the top of this page. Also you may check our terms regularly.

 

If you do not wish to continue using the Service under the new updated version of the Agreements, you may terminate your account by the section “delete account”.

 

3 Having fun with Songrocket

Here’s some information about the ways you can fully enjoy Songrocket.

 

3.1 Service Options

You can find a description of our Service options on our website, and we will explain which Service options are available to you. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend and promotional offerings at any time in accordance with these Terms.

 

3.2 Curators

(Music Influencer) such as Independent Curators or Curators from Music Labels

Curators have a board where they review the songs they receive, the have can also check their playlists and activity, as well as amending any playlist with the tracks the accepted to add or remove by the position they have placed. Also have a revenue board to cash out.

 

3.3 Artist

by its own or (can also be curators acting as an Artist, Management of the Artist or PR Agency)

This users are able to run campaigns, add their own tracks (Released) providing the information on the form to fill in (this section). 

 

3.4 Affiliate Partner (pending not available yet)

Affiliate programs allows people who just want to provide Curators or Artist to get on board and earn from the Campaigns they start to run. This will give people the chance to act total independently to us which will help us grow our platform.

 

 

4 Accounts and Registration

once you are registered and participate our service you agree on our terms and also as mentioned bellow.

You are over 18 years old, otherwise you represent and agree you possess the legal consent of your parent or of a legal representative to access and use the SongRocket Service and binding contract.

Any transactions payments made to our platform to use either the service or do payout of earnings, we are not responsible for any loses due a bankrupt or event such as pandemic or any other event in country and worldwide. Also its Company’s or user responsibility using correct information. Faulty Information can cause payout issues which we are not responsible for. Any order placed are non-cancelable.

You agree being contacted via Email through us to you as a company, label, artist, affiliate partner

You agree to check your account, messages you wrote campaigns and any activities on our platform.

Any Information Profiles you provide to us is always updated and accurate. Its your responsibility to have everything up to date.

You should not borrow or take any loan to run campaigns, we do not guarantee a full success of your campaign. Remember this is a platform to get feedback reviews on your or representative tracks and the chance to be on Music Influencers Curators playlists and NOT a guarantee to be on playlists.

You granting SongRocket to use your track (only if available on socials already) to add on our social media accounts to give it a buzz for campaigns we think deserve a push such platforms as Instagram(reels), Twitter or TikTok.

You granting permission access information visualising your track and information provided by you on the section of the campaign for reviews. Any content you provide you agree you have the full rights to the content or a license to use so. Any copyright issue we received from owner we will provide information to them and be just taken down from our platform without further action. Its your responsibility to have the full rights of any information you provide. 


5 DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES. PROHIBITIONS

 

a. CUSTOMER ACKNOWLEDGEMENT—YOU ACKNOWLEDGE AND AGREE THAT:

 

(i) ALL USE OF THE WEBSITE PROVIDED BY US IS AT YOUR OWN RISK;

 

(ii) THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY US OF SUCH WEBSITES OR THE INFORMATION CONTAINED THEREIN; AND

 

(iii) THE WEBSITE PROVIDED UNDER THESE TERMS AND CONDITIONS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

b. DISCLAIMER OF WARRANTIES—WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE OR ANY OTHER PRODUCTS SUPPLIED UNDER THESE TERMS AND CONDITIONS. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.

 

c. NO LIABILITY—NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, IN NO EVENT WILL WE, OUR AFFILIATES, CUSTOMER, CURATORS OR OUR CONTROLLING PARTIES, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, IN THESE CAPITALIZED SECTIONS, “WE” OR “US”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS AND CONDITIONS OR THE USE, OR NON-USE OF THE WEBSITE OR ANY SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (i) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE WEBSITE OR RELATED COMPONENT; (ii) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE WEBSITE. WITHOUT RESTRICTING THE FOREGOING, IF CIRCUMSTANCES ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF US, THE AGGREGATE LIABILITY OF US FOR DAMAGES IS LIMITED TO THE AMOUNT PAID TO US BY YOU THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE CIRCUMSTANCES IN WHICH SUCH LIABILITY ARISES.

 

  1. APPLICABILITY—SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS AND CONDITIONS CONSISTENT WITH SUCH PROHIBITIONS.

     


ERRORS AND DELAYS

Company is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

 

PROHIBITIONS

You may use the Website only for the intended purposes and in accordance with these Terms and Conditions. You agree not to use the Website

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 Switzerland to other countries).

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate Declutter, a Comp Declutter any employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Declutter or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorised purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website.
copy paste function in writing reviews.

 

6 Funding, Accounting, Payouts, Refund, Purchases

Process payments through credit card,.

Once a payout has been initiated, payments will be made within 1-3 days via Wise.

Only revenue which has been received by campaigns will be paid out.

We reserve the right to deduct costs.

You can initiate the payouts yourself. It will go through after approval from SongRocket.

All Payment transfer costs will be charged to you.

Payout will be start from min. 20 USD –  max. 12’000 USD.

Curator account may be set to inactive if its not used longer than 3 months.

SongRocket does not refund any campaign.

WE DON’T PAY CURATOR TO PLACE A SONG TO THE PLAYLIST. MUSIC INFLUENCER (Curators) MUST LISTEN, AND THEN WRITE A REVIEW.

 

7 Modification of the terms of use

 

We reserve the right to make updates to the terms of use at any time, and such modifications can be communicated any number of ways including by email to the original address entered when opening your account.

Any use of your account following notification will be considered an acceptance of the modifications.

Illegality or unenforceable of any portion of the agreement shall not affect the legality and enforceability of the entire agreement.

 

8 Refunds

Any campaign run with results which aren’t satisfying wont get refunded. Any song which fails to be reviewed will also not be refunded.

 

9 Coupon or Promotional Code

It can be used to discount campaigns but cannot be paid out nor changed to cash credit. It will expire as created.
SongRocket has the right to provide discounts if needed. 

10 Guarantee & warranty

You warrant that your email address is up-to-date.

You warrant that you are responsible for the safekeeping of your login details.

You guarantee that your SongRocket account will not be used for fraudulent activities or purposes other than SongRocket’s original intention.

11 Copyright and Trademark Notices

The materials available through this website and other websites owned or provided by Songrocket (individually and collectively, the “Website”) are the property of SongRocket or its licensors, and are protected by copyright, trademark and other intellectual property laws. You may view, copy and print pages from the Website only (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices, (2) for communicating with SongRocket about a company product or service, (3) Any content on our website and on social media can’t be used without our written permission, this can be through a letter or just through a message on social media or email. This includes designs, text, graphics.

All contents of the Service are copyrighted © 2021 Songrocket. All rights reserved.

 

12 Songrocket content ownership and use

Any content on our website and social media can’t be used without our written permission, this can be through a letter or just through a message on social media or email. This includes designs, text, graphics.

 

13 Third Party Applications and Devices

The Songrocket Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) such as Spotify and third party Devices available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies. You understand and agree that SongRocket does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does SongRocket warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.

 

14 Litigation

Any interpretation of this agreement shall be in accordance with Swiss Law and enforced in Zürich, Switzerland.

 

15 Customer support

For customer support with account-related questions (“Customer Support Queries”), Support Customer Center will respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

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