Terms of Use

Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“Agreement”) CAREFULLY BEFORE USING THIS WEBSITE

All users of this site agree that access to and use of this site are subject to the following legally binding terms and conditions and other applicable law. Whether you are merely a visitor, browsing through this website or a registered member who is enjoying all the features of this website, you agree to be bound by all the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use this site.

Welcome to Songshop.ca

Songshop.ca (“Songshop”) provides the https://Songshop.ca website (“Site”) for its artists, members, friends and other permitted users. We want to enable your ability to use our Site and to get the most out of it, including listening to music, viewing videos, uploading content, exchanging ideas and interacting with other users and members. You understand and acknowledge that all of the functions specified below shall not be available to all users of the Site (e.g.: “listeners” are currently unable to upload content).

Copyright and Content Ownership

The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under Canadian and other copyright laws, and is the property of SongShop Ltd. Copyright © 2021 ALL RIGHTS RESERVED. 

Songshop wants to you to use this Site to its fullest potential however because we have invested a lot of time, money and energy into making this Site fully functional, you will need to understand and agree to a few considerations:

1. The Site may include works that are licensed to Songshop. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or, where applicable, to place an order with Songshop. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
2. Though we own the text, graphics, trademarks of the Site, we don’t claim to own any content that you upload onto the Site. On the other hand, as soon as you upload any content onto the Songshop Site, you represent and warrant that you either (i) own the content that you are uploading or (ii) you have the right or license to upload the content. You also warrant and represent that by uploading any content onto the Site, you are not violating the privacy, publicity, copyrights, intellectual property, or any other rights of any person or entity. Remember: you are solely responsible for the content that you upload onto the Site.
3. The moment you upload content onto the Site, you automatically agree to grant Songshop the limited right, license and permission to reproduce, stream, and publicly perform that content on and through the Site or via any of Songshop third party licensees and affiliates. You also grant us the right to modify any and all content that you upload onto the Site so that we may satisfy the technical requirements (such as digitally compressing music files) of the Site. Remember: unless otherwise specified, Songshop will not be required to pay you anything for this limited use of the uploaded content.
4. Any other use, including but not limited to the modification, reproduction, distribution, display or transmission of the text, graphics, code of this Site or its content is strictly prohibited, unless authorized by Songshop or the owner of such content.

Removal of Content

Songshop reserves the right to remove, delete, or disable access to any content uploaded onto the Site or any of the features of this Site at its own discretion without any notice. You understand that Songshop will not be liable for removing content or Materials or disabling access to any content or any features of this Site.

Copyright Infringement Claims

Songshop believes in the importance and sanctity of your and everyone else’s intellectual property rights. Therefore, Songshop will, in its sole discretion, take whatever steps it feels necessary to protect the intellectual property rights of others, including removing or blocking specific content on the Site. 

If you believe that your content has been improperly uploaded on the site, or that any specific content on the site violates yours or anyone else’s intellectual property rights, then contact us via email at: members@songshop.ca

And include the following information:

1. Description/name of the infringing content.
2. Description of the type of infringement.
3. Your Name, Address, email address, phone number and a description (with proof) of your ownership of the content and/or your right to act on behalf of the true owner of the content.
4. Any additional information that will help us assess whether in fact the content in question is a violation of any third party’s intellectual property rights.
5. A statement by you made under penalty of perjury, that the above information in your notice is true and that you are the copyright owner or are authorized to act on behalf of the copyright owner’s behalf.

Trademarks

All trademarks, service marks, logos and trade names of Songshop used in the Site or on any other affiliated site are trademarks or registered trademarks of SongShop Ltd. or third parties who have authorized the use of such marks on our Site.

Age Limitation

In order to use this Site you must be at least 14 years old and to become a member you must provide information such as a username, password and e-mail address. Because all information disclosed through our Site could become public information, you should exercise caution when sharing any of your personal information. You are solely responsible for and all use of your account. By the way, a word of advice: you should be careful with sharing private information ALL THE TIME on ANY WEBSITE, not just with Songshop.

Use of Site

Songshop wants you to enjoy the many functions and services on this Site such as uploading content and interacting or sharing information with the other members. However, there are certain rules that you must abide by to ensure that everyone has the same positive experience from using this Site:

1. Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including other members or visitors on the Site, is prohibited.
2. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
3. The Songshop site is for personal use only and may not be used for any commercial purposes except those that are specifically permitted by Songshop. You may not upload commercial content (ie: NO ADVERTISING, SPAMMING, SPIMMING, PHISHING, BULK MAILINGS, JUNK MAIL OF ANY SORT – NO EXCEPTIONS) on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
4. Though you can create a hyperlink to the Songshop site from a third-party webpage, the link must not portray Songshop or its affiliates in an offense, derogatory, false or otherwise misleading manner.

Participation Disclaimer

Songshop does not assume any responsibility to review all communications and materials posted to or created by users accessing the Site and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Songshop is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. Songshop will not be responsible for any theft or plagiarism in relation to the musical compositions or other intellectual property contained on the Site.     

However, Songshop reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Songshop in its sole discretion.

Warranty Disclaimer

This Site and the materials and other items on or available through this Site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Songshop disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Though we have spent a lot of time working on this Site, Songshop does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components (but chill: we are always working on bettering the Site and will continuously try to fix any defects on the Site). Songshop does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Songshop shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials and musical works on this Site or the performance of the products, even if Songshop has been advised of the possibility of such damages. Songshop is not responsible for any technical malfunctions of any network, computer hardware, operating system, software application, online system or any internet bandwidth complications, including any damage to any user’s computer relating to or resulting from the participation, uploading or downloading of any materials or content in connection with the services provided by Songshop. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Mechanical Rights and Royalties 

All users that create an account and upload musical compositions to the Site warrant and represent that they have not authorized any third parties to collect or administer mechanical royalties on their behalf for the uploaded compositions. All users that upload musical compositions to the Site hereby waive their right to be paid mechanical royalties from the Site and from the use of their compositions on the Site. 

Term and Termination

These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. Songshop will remove any content that it believes in its sole judgment, to violate this Agreement or any of its policies. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Songshop may terminate your membership and block your use of this Site for any reason, including but not limited to a violation of your promises, warranties, terms and conditions of this Agreement.

Notice

Songshop may deliver notices to you relating to the use of this Site by means of e-mail, a general notice posted on our Site, or by other reliable method to the address you have provided to Songshop. From time to time, Songshop may modify the terms and conditions relating to your use of this Site. If Songshop does so, it will notify you via email and you will automatically be bound by those changes to this Agreement.

Indemnification

You agree to indemnify, defend, and hold harmless Songshop, its officers, directors, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

Third-Party Links

In an attempt to provide an enhanced user experience and value to our members and other visitors, Songshop may link to sites operated by third parties. However, even if the third party is affiliated with Songshop, Songshop has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Songshop. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Songshop seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on its own site as well as sites to which we link (including if a specific link does not work).

Privacy Policy

Your use of this Site is also subject to Songshop’s Privacy Policy, which you may review by CLICKING HERE. 

Miscellaneous

Your use of this Site shall be governed in all respects by the laws of the province of British Columbia and the federal laws of Canada., without regard to choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods (if otherwise applicable). You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the provincial or federal courts located in British Columbia. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. Songshop’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Songshop may assign its rights and duties under this Agreement to any party at any time without notice to you. 

Membership Cancellation Policy

1. Introduction:

This Membership Cancellation Policy outlines the procedures and guidelines for canceling a membership with SongShop. By becoming a member, individuals agree to adhere to the terms and conditions set forth in this policy.

2. Cancellation Eligibility:

Members are eligible to request a cancellation of their membership if they meet the following criteria:

• The member is in good standing with all financial obligations fulfilled.
• The membership is not subject to any contractual obligations or minimum term requirements.

3. Cancellation Request Process:

Members seeking to cancel their membership may do so by following the designated cancellation request process, which typically includes:

• Submitting a written request via email, or through the organization’s designated online platform.
• Manually cancelling their membership through their account profile on songshop.ca

4. Cancellation Deadline:

Members can cancel their membership at any time. Cancellation requests must be submitted within a specified timeframe, typically 2 days prior to the renewal date. Late requests may be subject to additional fees or may not be processed until the subsequent billing cycle.

5. Refund Policy:

Membership fees are generally non-refundable unless otherwise specified in the terms and conditions of the membership agreement. Refund eligibility, if applicable, will be determined on a case-by-case basis.

6. Prorated Refunds:

In certain cases, prorated refunds may be offered for unused portions of prepaid membership fees. The calculation of prorated refunds will be based on the remaining days of the membership period.

7. Cancellation Confirmation:

Once the cancellation request is processed and approved, the member will receive a confirmation notice via email or other designated communication channels. This confirmation will include the effective cancellation date and any relevant refund details.

8. Membership Termination by the Organization:

SongShop reserves the right to terminate a membership at its discretion for reasons including, but not limited to, violation of the organization’s policies, disruptive behavior, or failure to fulfill financial obligations.

9. Policy Amendments:

SongShop reserves the right to modify or update this Membership Cancellation Policy at any time. Members will be notified of any changes through appropriate communication channels.

By continuing with a membership, individuals acknowledge their understanding and acceptance of this Membership Cancellation Policy.

For questions or concerns regarding membership cancellation, please contact members@songshop.ca

RETURN POLICY

Last updated October 27, 2020

Thank you for your purchase. We hope you are happy with your purchase. However, if you are not completely satisfied with your purchase please see below for more information on our return policy.

RETURNS

All returns must be approved by a SongShop Admin.

RETURN PROCESS

To return an item, please contact customer service at admin@songshop.ca

REFUNDS

After approving your return, we will process your refund. Please allow at least 7 days from the receipt of your item to process your return. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company.

EXCEPTIONS    

The following items cannot be returned:  

• Memberships
• Song Licenses

MONEY BACK GUARANTEE

To qualify for a money back guarantee you must have your song catalogue uploaded within 48 hours of purchasing a membership. Your songs may be listened to by a third party to qualify for a money back guarantee . If the third party deems your recordings poor quality you may not qualify for a money back guarantee. To qualify for a money back guarantee you need to prove you have made every effort to license your songs. Memberships must be active for no more and no less than 365 days from date of purchase to qualify for a money back guarantee.   

QUESTIONS

If you have any questions concerning our return policy, please contact us at: admin@songshop.ca

BY VISITING OR USING THE SONGSHOP SITE, YOU HEREBY WARRANT THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THIS AGREEMENT.